Title 13A

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. (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. (Acts 1986, No. 86-228, p. 335, §7.)

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. (Acts 1986, No…

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…

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…

(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 telecommunication device designed, adapted, or which is use…

(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) 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…

This article shall be known as “The Consumer Identity Protection Act.” (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) 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…

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

(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 …

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 property. (Act 2023-531, §1…

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. (Act 2023-531, §1.)

(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…

The following definitions are applicable in this article unless the context otherwise requires: (1) WRITTEN INSTRUMENT. Such term means: (2) COMPLETE WRITTEN INSTRUMENT. One which purports to be a genuine written instrument fully drawn with respect to every essential feature ther…

(a) A person commits the crime of criminal simulation if: (1) He makes or alters any object, with intent to defraud, so that it appears to have an antiquity, value, rarity, source or authorship that it does not in fact possess; or (2) He possesses or utters an object so simulated…

(a) A person commits the crime of obtaining a signature by deception if with intent to defraud or to acquire a substantial benefit for himself or another, he causes another by deception to sign or execute a written instrument. (b) The definition of “deception” in Section 13A-8-1(…

(a) A person commits the crime of offering a false instrument for recording if, knowing that a written instrument relating to or affecting real or personal property, or an interest therein, or directly affecting contractual relationships contains a material false statement or mat…

(a) A person commits the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers a negotiable instrument for a thing of value and with the intent, knowledge, or expectation that it will not be honored by the drawee. (b) For the purposes of this…

For purposes of Section 13A-9-13.1: (1) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received by the person mak…

(a) In any prosecution or action under the provisions of Section 13A-9-13.1, a negotiable instrument for which the information required in subsections (b) and (c) of this section is available at the time of issuance shall constitute prima facie evidence of the identity of the par…

(a) A person commits the crime of illegal possession of a credit or debit card if, knowing that he or she does not have the consent of the owner, he or she takes, exercises control over, or otherwise uses the card. (b) A person commits the crime of fraudulent use of a credit card…

(a) Definitions. - For purposes of this section, the following terms shall have the meanings ascribed by this subsection: (1) ACQUIRER. A business organization including without limitation a merchant, financial institution, or an agent of a business organization or financial inst…