Title 13A — Title 13A

The following definitions are applicable in this article unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or confirms another’s impression which is false and which the defendant does not believe to be true; or b. Fails to correct a f…

(a) A person commits the crime of theft of services if: (1) He intentionally obtains services known by him to be available only for compensation by deception, threat, false token or other means to avoid payment for the services; or (2) Having control over the disposition of servi…

(a) The theft of services which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of services in the first degree. (b) Theft of services in the first degree is a Class B felony. History: (Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1.)

(a) The theft of services between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes theft of services in the second degree. (b) Theft of services in the second degree is a Class C felony. History: (Acts 1978, N…

(a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes theft of services in the third degree. (b) Theft of services in the third degree is a Class D felony. H…

(a) The theft of services which does not exceed five hundred dollars ($500) in value constitutes theft of services in the fourth degree. (b) Theft of services in the fourth degree is a Class A misdemeanor. History: (Acts 1978, No. 770, p. 1110; Act 2003-355, p. 962, §1; Act 2015-…

(a) For purposes of this section: (1) ARTICLE. Any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, specimen, prototype, model, photograph, microorganism, blueprint, or map. (2) COPY. A facsimile, replica, photograph, or…

(a) For the purposes of this section, the following terms shall have the following meanings: (1) CONGRESSIONAL MEDAL OF HONOR. Includes any of the following: a. A Medal of Honor awarded under Section 3741, 6241, or 8741 of Title 10 or Section 491 of Title 14 of the United States …

(a) A person commits the crime of cargo theft if the person knowingly obtains or exerts unauthorized control over either of the following: (1) A vehicle engaged in commercial transportation of cargo or an appurtenance thereto, including, without limitation, a trailer, semitrailer…

(a) A person commits the crime of fifth wheel tampering if the person, with the intent to commit cargo theft does either of the following: (1) Modifies, alters, or attempts to alter a fifth wheel or the antitheft locking device attached. (2) Sells, possesses, offers to sell, move…

Repealed by Act 2012-432, §11, effective August 1, 2012. History: (Acts 1985, No. 85-383, §1, p. 326.)

Repealed by Act 2012-432, §11, effective August 1, 2012. History: (Acts 1985, No. 85-383, §2, p. 326.)

Repealed by Act 2012-432, §11, effective August 1, 2012. History: (Acts 1985, No. 85-383, p. 326, §3,; Act 2003-355, p. 962, §1.)

Punishment. Repealed by Act 2012-432, §11, effective August 1, 2012. History: (Acts 1985, No. 85-383, §4, p. 326.)

(a) A person commits the crime of unauthorized use of a vehicle if: (1) Knowing that he does not have the consent of the owner, he takes, operates, exercises control over or otherwise uses a propelled vehicle; or (2) Having custody of propelled vehicle pursuant to an agreement be…

This article may be cited as The Alabama Digital Crime Act. History: (Act 2012-432, p. 1192, §1.)

As used in this article, the following terms shall have the following meanings: (1) ACCESS. To gain entry to, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, compu…

(a) A person who acts without authority or who exceeds authorization of use commits the crime of computer tampering by knowingly: (1) Accessing and altering, damaging, or destroying any computer, computer system, or computer network. (2) Altering, damaging, deleting, or destroyin…

(a) A person commits the crime of encoded data fraud by: (1) Knowingly and with the intent to commit an unlawful act or to defraud, possessing a scanning device; or knowingly and with intent to commit an unlawful act or defraud, using or attempting to use a scanning device to acc…

(a) A person commits the crime of phishing if the person by means of an Internet web page, electronic mail message, or otherwise using the Internet, solicits, requests, or takes any action to induce another person to provide identifying information by representing that the person…

Records, Etc. (a) A law enforcement officer, a prosecuting attorney, or the Attorney General may require the disclosure of stored wire or electronic communications, as well as transactional records and subscriber information pertaining thereto, to the extent and under the procedu…

(a) An Alabama corporation or business entity that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that could reveal the identity of the customers using those serv…

(a) On conviction of a violation of this article or any other violation of the criminal laws of Alabama, the court shall order that any computer, computer system, computer network, instrument of communication, software or data that was owned or used by the defendant with the owne…

A person who is subject to prosecution under this article and any other law of this state may be prosecuted under either or both laws. History: (Act 2012-432, p. 1192, §9.)

Nothing in this article prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of this state or a political subdivision of this state or a law enforcement agency of the United States or of an intelligence agency of the Un…

(a) It is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entit…

As used in this article, unless the context requires otherwise, “cable television company” or “company” means any franchised or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one…

It shall be a misdemeanor for any person to knowingly: (1) Obtain or attempt to obtain cable television service from a company by trick, artifice, deception or other fraudulent means with the intent to deprive such company of any or all lawful compensation for rendering each type…

Intent to Violate Article. In a prosecution for a violation of this article, the existence on the property and in the actual possession of the defendant of (1) any connection, wire conductor or any device whatsoever, which is connected in such a manner as would permit the receipt…

(a) Any person who violates the provisions of subdivision (5) of Section 13A-8-121 shall, in addition to the criminal penalties provided in this article, be civilly liable to the aggrieved cable television company for an amount not to exceed the greater of the following amounts: …

(a) Any cable television company may, in accordance with the Alabama Rules of Civil Procedure, bring an action to enjoin and restrain any violation of the provisions of this article, and may in the same action seek damages as provided in Section 13A-8-123. (b) It is not a necessa…

Forfeiture. Any electronic or communications equipment or any other such devices used to violate the provisions of this article shall be considered contraband subject to seizure and forfeiture to the state. History: (Acts 1986, No. 86-228, p. 335, §6.)

The provisions of this article shall have no application to satellite reception dishes nor related equipment or accessories used in connection with satellite reception dishes. History: (Acts 1986, No. 86-228, p. 335, §7.)

A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property. History: (Acts 1977, No. 607, p. 812, §3235.)

(a) Extortion by means of a threat, as defined in paragraphs (13)a or (13)c of Section 13A-8-1, constitutes extortion in the first degree. (b) Extortion in the first degree is a Class B felony. History: (Acts 1977, No. 607, p. 812, §3236.)

The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called “lessee”, signs a written lease or rental contract with a person licensed to rent or lease tangible personal property under the provisions of Article 4, Chapter 12, Title 40, he…

For the purposes of Section 13A-8-140 of this article, it is prima facie evidence that a lessee fraudulently leased or rented property, and intended, knew or expected that he would not perform the terms and obligations of the lessee under a rental contract if: (1) The name or add…

For the purposes of Section 13A-8-141 of this article: (1) A written demand for the return of leased property may be made by personally delivering a copy thereof to the lessee; such demand may also be delivered to a lessee by certified United States mail, directed to lessee at hi…

Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be immune from civil or criminal liability for the giving of such notice and for proceeding under the forms of such notice. History: (Acts…

The crime of theft by fraudulent leasing or rental of property shall be a Class A misdemeanor if the subject matter of the lease or rental agreement had a value of five hundred dollars ($500) or less; if the value of such property was in excess of five hundred dollars ($500), the…

(a) Extortion by means of a threat, as defined in paragraphs (13)b or (13)d through (13)k of Section 13A-8-1, constitutes extortion in the second degree. (b) A person is not liable under this section for a threat, as defined in paragraph (13)e of Section 13A-8-1, if he honestly c…

For the purposes of this article, the following definitions shall apply: (1) MANUFACTURE OF AN UNLAWFUL TELECOMMUNICATION DEVICE. The production or assembly of an unlawful telecommunication device or the modification, alteration, programming, or reprogramming of a telecommunicati…

and Destruction Unlawful Devices, Plans, Etc. (a) It shall be unlawful for any person to knowingly do any of the following: (1) To make, manufacture, distribute, possess, use, or assemble an unlawful telecommunication device or modify, alter, program, or reprogram a telecommunica…

(a) Any person violating any of the provisions of this article shall be guilty of a Class B misdemeanor. However, if the offense involves five or more unlawful telecommunication devices, the person shall be guilty of a Class C felony. (b) The court shall, in addition to any sente…

(a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is received, retained or disposed of wi…

(a) Receiving stolen property which exceeds two thousand five hundred dollars ($2,500) in value constitutes receiving stolen property in the first degree. (b) Receiving stolen property in the first degree is a Class B felony. History: (Acts 1977, No. 607, p. 812, §3241; Act 2003-…

(a) No person shall drive his or her motor vehicle off the premises of an establishment where gasoline is offered for retail sale after dispensing gasoline into the fuel tank of his or her motor vehicle if the person fails to remit payment or make an authorized charge for the gas…

(a) Any of the following constitutes receiving stolen property in the second degree: (1) Receiving stolen property that is between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value. (2) Receiving stolen property of any val…

(a) Receiving stolen property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in value constitutes receiving stolen property in the third degree. (b) Receiving stolen property in the third degree is…

(a) Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the fourth degree. (b) Receiving stolen property in the fourth degree is a Class A misdemeanor. History: (Acts 1977, No. 607, p. 812, §3243; Acts 1979…