Title 13A — Title 13A

This article shall be known as “The Consumer Identity Protection Act.” History: (Act 2001-312, p. 399, §1.)

For purposes of this article, the following words shall have the following meanings: (1) IDENTIFICATION DOCUMENTS. Any papers, cards, or other documents issued by federal, state, or local governmental authorities that are used specifically to identify a person. Identification doc…

(a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to defraud for his or her own benefit or the benefit of a third person, he or she does any of the following: (1) Obtains, records, or accesses…

(a) A person commits the crime of trafficking in stolen identities when, without the authorization, consent, or permission of the victim, he or she manufactures, sells, transfers, purchases, or possesses, with intent to manufacture, sell, transfer, or purchase, identification doc…

(a) A person commits the crime of obstructing justice using a false identity if he or she uses identification documents or identifying information of another person or a fictitious person to avoid summons, arrest, prosecution, or to impede a criminal investigation. (b) Obstructin…

Upon conviction for any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court to make restitution for financial loss caused by the criminal violation of this article to any person whose identifying information was appropri…

In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether the defendant was ever actually present in that county, or in the county of residence of the p…

In any case in which a person obtains identification documents or identifying information of another person in violation of this article and uses the documents or information to commit a crime in the name of another person, the court records for the crime shall reflect that the v…

(a) Upon a conviction for any crime in violation of this article or conviction of any other offense which the court finds involved identity theft, and at the victim’s request, the sentencing court shall issue any orders necessary to correct any public or private record that conta…

(a) In addition to any other remedies provided by law, a victim who has suffered loss as a result of a criminal violation of this article may bring an action in his or her county of residence or any county in which any part of the crime took place, regardless of whether the defen…

(a) A person commits the crime of theft of property if he or she: (1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property; (2) Knowingly obtains by deception control over the property of another, w…

(a) A person commits the crime of aggravated theft by deception if he or she does any of the following: (1) He or she commits a theft of foreign or domestic funds, cash, or cash equivalent, that includes, but is not limited to, stocks, bonds, investments, or retirement accounts, …

(a)(1) A person commits the crime of aggravated theft of employee retirement benefits if the person embezzles, steals, or unlawfully and willfully abstracts or converts to his or her own use or to the use of another, any of the monies, funds, premiums, credits, or other assets du…

Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere shall, on conviction, be punished as if he had stolen it in this state. History: (Code 1852, §167; Code 1867, §3713; Code 1876, §4368; Code 1886, §3793; Code 1896, §5053; C…

(a) As used in this section, the following words shall have the following meanings: (1) CONSUMER CREDIT REPORT. The term shall mean the same as the term is defined in the Federal Fair Credit Reporting Act, 15 USC Sections 1681a and 1681b, as amended. (2) CONSUMER REPORTING AGENCY…

Upon request by a victim of a crime created by this article, identification documents issued by a state, county, or municipal agency and used to perpetrate a crime created by this article shall be reissued at no charge to the victim. An agency may require proof of the criminal ac…

Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false pretense, with intent to defraud, shall, on conviction, be punished as if he had stolen the same. History: (Code 1886, §3818; Code 1896, §4736; Co…

(a) A person commits the crime of obscuring identity of a vehicle if: (1) He obscures the manufacturer’s serial number or any other distinguishing identification number or mark upon any vehicle or component part thereof, except tires, with intent to render it unidentifiable; or (…

Vehicle. (a) A person, as defined in Section 32-8-2, who advertises in a newspaper, on a website, on a public display or sign, or through an online service, for the purchase of a salvage or junk branded motor vehicle shall clearly and conspicuously disclose on the advertisement h…

This article shall be known and may be cited as the Retail Theft Crime Prevention Act. History: (Act 2023-531, §1.)

As used in this article, the following terms have the following meanings: (1) CONCEAL. To place merchandise in a manner that is not visible through ordinary observation. (2) ORGANIZED RETAIL THEFT. Obtaining or exerting unauthorized control over retail merchandise from a retail m…

A person commits the crime of retail theft if, with the intent to obtain or exert unauthorized control over retail merchandise from a retail merchant, retail establishment, or premises of a retail establishment, or with the intent to deprive the owner or retail merchant of his or…

(a)(1) Retail theft that exceeds two thousand five hundred dollars ($2,500) in retail value constitutes retail theft in the first degree. (2) Retail theft of one or more items of retail merchandise during a 180-day period, the aggregate value of which is one thousand dollars ($1,…

(a) Retail theft that exceeds five hundred dollars ($500) in retail value, but does not exceed two thousand five hundred dollars ($2,500) in retail value, constitutes retail theft in the second degree. (b) Retail theft in the second degree is a Class C felony. History: (Act 2023-…

(a) Retail theft that does not exceed five hundred dollars ($500) in retail value constitutes retail theft in the third degree. (b) Retail theft in the third degree is a Class A misdemeanor. (c) A fourth or subsequent conviction for an offense under this article is a Class C felo…

(a) A person commits the crime of organized retail theft when the person, in association with one or more other persons, knowingly does any of the following: (1) Organizes, supervises, finances, participates, directs, solicits, or otherwise manages or assists another person in co…

(a) Any proceeds, property obtained by proceeds, or instruments of the crimes of organized retail theft or retail theft may be subject to forfeiture pursuant to the procedures set forth in Section 20-2-93. (b) When a person is convicted of organized retail theft, upon request of …

Embezzled, or Converted. It is not a defense to a charge under this article that the property was not stolen, embezzled, or converted property at the time of the violation if the property was explicitly represented to the accused person as being stolen, embezzled, or converted pr…

Nothing in this article prohibits a person from being charged with, convicted of, or sentenced for any violation of law arising out of the same criminal transaction that violates this article. History: (Act 2023-531, §1.)

(a) The following terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise: (1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant by the entirety of the whole or part of any building. (2) PERSON. Includes a…

(a) Any violation of this article may only be prosecuted in the circuit or district court. (b) In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part of the crime took place, regardless of whether…

(a) The fact that a person conceals merchandise for which he or she has not paid the full value, and the retail merchandise has been taken beyond the area within the retail establishment or premises of a retail establishment where payment for it is to be made, shall be prima faci…

(a) A warrant for the crime of retail theft or organized retail theft may be sworn and issued by a judge or magistrate remotely, digitally, via video link, or by telephone. The physical presence of the affiant before the judge or magistrate is not required. (b) Other methods of t…

The Office of Prosecution Services, Office of the Attorney General, Alabama State Law Enforcement Agency, Alabama Association of Chiefs of Police, Alabama Sheriffs Association, Alabama Grocers Association, and Alabama Retail Association shall make reasonable coordinated efforts t…

(a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree. (b) The theft of a motor vehicle, regardless of its value, constitutes theft …

As used in this article, the following terms have the following meanings: (1) FERROUS METALS. Any metals containing significant quantities of iron or steel, excluding motor vehicles purchased in accordance with Section 32-8-87. (2) LAW ENFORCEMENT OFFICER. A duly constituted and …

(a) A secondary metals recycler shall maintain a legible record of all purchase transactions of ferrous or nonferrous metals to which the secondary metals recycler is a party. The record shall include all of the following information: (1) The name and address of the secondary met…

(a) A secondary metals recycler may not enter into any cash transactions in excess of fifty dollars ($50) for copper, copper/aluminum air conditioning coils, or catalytic converters, or any items described in subdivision (a)(2) or (a)(10) of Section 13A-8- 37, or any cash transac…

(a) All secondary metals recyclers subject to this article shall register with the Alabama Criminal Justice Information Center (ACJIC) by August 31, 2012, and shall pay an annual registration fee of two hundred fifty dollars ($250) to ACJIC. In the event the electronic reporting …

During the usual and customary business hours of a secondary metals recycler, a law enforcement officer, after properly identifying himself or herself as a law enforcement officer, shall have the right to inspect: (1) All purchased metal property in the possession of the secondar…

Metals. (a)(1) Whenever a law enforcement officer has reasonable suspicion to believe that any item of metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer, may issue a hold notice to the secondary metals recycler. The hold …

(a) If the secondary metals recycler contests the identification or ownership of the metal property, the party other than the secondary metals recycler claiming ownership of any metal property in the possession of the secondary metals recycler may, provided that a timely report o…

This article shall not apply to purchases of metal property from any of the following: (1) A law enforcement officer acting in an official capacity unless the law enforcement officer is investigating a compliance issue pursuant to this article or is presenting metal property for …

(a) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted theft of metal property in any amount by the person or a third party. (b) A public or private owner of metal property is not civilly liable for a person’…

(a) It is unlawful for a person with the intent to damage property and having no right to do so or any reasonable ground to believe that he or she has such a right, damages or destroys any of the following: (1) Telecommunications, cable communications, or electric power transmiss…

(a) It is unlawful for a person to possess or control the following property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed or controlled with intent to restore it to the owner: (1) Metal property marke…

(a) It is unlawful for a secondary metals recycler to purchase the following property unless a copy of verifiable documentation in addition to the signed statement required by subdivision (a)(6) of Section 13A-8-31 is provided to the secondary metals recycler that the seller is t…

Compliance by a secondary metals recycler with Sections 13A-8-31, 13A-8-31.1, 13A-8-31.2, and 13A-8-37.1, with regard to a purchase of metal property shall be recognized by law enforcement agencies and the Alabama state courts as evidence that the possession of the metal property…

Requirements. (a) It is unlawful for any person to purchase, or otherwise acquire, a used, detached catalytic converter, or any nonferrous part thereof, unless all of the following apply: (1) The person is registered as a secondary metals recycler under Section 13A-8- 31.2. (2) T…

Providing False, Fraudulent, Altered, or Counterfeit Information or Documentation. (a) It is unlawful for a possessor or seller of a used, detached catalytic converter, or any nonferrous part of a catalytic converter, to provide any false, fraudulent, altered, or counterfeit info…