Title 13A — Title 13A

Commercial Co-Venturers, Etc.; Annual Report; Contract Requirements; Service of Process; Use of Names, Symbols, Etc.; Violations. (a) Every charitable organization, except those granted an exemption in subsection (f), which is physically located in this state, and which intends t…

A professional fund raiser or solicitor who commits both of the following acts shall be guilty of theft of property by charitable fraud: (1) Knowingly represents that he or she is soliciting funds for a charitable organization without the charitable organization’s consent. (2) Re…

(a) Theft of property by charitable fraud which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud in the first degree. (b) Theft of property by charitable fraud in the first degree is a Class B felony. History: (Acts 198…

(a) Theft of property by charitable fraud which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud in the second degree. (b) Theft of property by charitable fraud i…

(a) Theft of property by charitable fraud which does not exceed five hundred dollars ($500) in value constitutes theft of property by charitable fraud in the third degree. (b) Theft of property by charitable fraud in the third degree is a Class A misdemeanor. History: (Acts 1987,…

Etc.; Civil Penalties. (a) In addition to any other remedy under this article, the Attorney General of the State of Alabama, the district attorneys of the respective counties of the State of Alabama, or an affected charitable organization may bring an action against a charitable …

Forged Instrument. A person may not be punished for both the offense of forgery and the offense of criminal possession of a forged instrument with respect to the same instrument, unless arising out of separate and distinct transactions. History: (Acts 1977, No. 607, p. 812, §4015…

The following words and phrases used in this article shall have the following meanings unless a different meaning is required by the context: (1) CHARITABLE ORGANIZATION. A person or nonprofit corporation who is or holds himself or herself out to be established for a benevolent, …

Disclosure Labels on Containers Used for Soliciting Funds. Any container used by any person, nonprofit corporation, or charitable organization, or an agent of any of these, whether paid or not paid, in a public place to solicit contributions by offering a product for sale or dist…

Crime. Any person or organization who knowingly violates this article shall be guilty of unlawful charitable solicitation. Unlawful charitable solicitation is a Class C misdemeanor and shall be punished as provided by law. It is an absolute defense to any criminal prosecution und…

No charitable organization shall be liable under this article to place a disclosure label on any container that generates less than one hundred dollars ($100) gross per annum or a charitable organization that generates less than five hundred dollars ($500) per year from all sourc…

This article shall be construed together with any law relating to charitable fraud or fraudulent practices, except in the event of a direct conflict with this article. History: (Acts 1995, No. 95-605, p. 1276, §6.)

(a) A person commits the crime of criminal possession of a forgery device if he makes or possesses with knowledge of its character any plate, die or other device, appliance, apparatus, equipment or article specifically designed or adapted for use in forging written instruments wi…

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise: (1) FOOD STAMP COUPON. Any coupon, stamp or type of certificate issued pursuant to the provisions of the Fo…

Degree. (a) A person commits the crime of illegal possession of food stamps if: (1) He or she knowingly uses, transfers, acquires, alters, or possesses food stamp coupons or food stamp authorization cards in any manner not authorized by the Food Stamp Act of 1977, 7 U.S.C. § 2011…

Any person, licensed to engage in alcoholic beverage transactions in this state pursuant to the Alcoholic Beverage Licensing Code, Chapter 3A of Title 28, who commits the crime of illegal possession of food stamps, shall, upon conviction thereof, in addition to the criminal penal…

The following definitions apply in this article only unless the context otherwise requires: (1) FIREMAN. Any officer of a fire department, a member of a volunteer fire department, or any other person vested by law with the duty to extinguish fires. (2) GOVERNMENT. The state, coun…

(a) A person commits the crime of impersonating a public servant if he falsely pretends to be a public servant and does any act in that capacity. (b) It is no defense to a prosecution under this section that the office the actor pretended to hold did not in fact exist. (c) Impers…

(a) The definitions in Sections 13A-10-1 and 13A-10-60 are applicable in this article unless the context otherwise requires. (b) The following definitions are also applicable in this article: (1) SWEARS FALSELY and FALSE SWEARING. The making of a false statement under oath requir…

(a) A person commits the crime of perjury in the first degree when in any official proceeding he swears falsely and his false statement is material to the proceeding in which it is made. (b) Perjury in the first degree is a Class C felony. History: (Acts 1977, No. 607, p. 812, §4…

(a) A person commits the crime of perjury in the second degree if he or she does either of the following: (1) Swears with intent to mislead a public servant in the performance of the public servant’s duty and his or her false statement is material to the action, proceeding, or ma…

(a) A person commits the crime of perjury in the third degree when he swears falsely. (b) Perjury in the third degree is a Class B misdemeanor. History: (Acts 1977, No. 607, p. 812, §4907.)

Perjury for Which Conviction May Be Had. (a) Where a person has made statements under oath which are inconsistent to the degree that one of them is necessarily false, each having been made within the jurisdiction of this state and within the period of the statute of limitations, …

In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to Section 13A-10-104, the falsity of a statement may not be established by the uncorroborated testimony of a single witness. History: (Acts 1977, No. 607, p. 812, §4915.)

No prosecution shall be brought under this article if the substance of the defendant’s false statement was a denial of his guilt in a previous criminal proceeding. History: (Acts 1977, No. 607, p. 812, §4920.)

No person shall be convicted of perjury if he retracted his false statement in the course of the same proceeding in which it was made before it became manifest that the falsification was or would be exposed. Statements made in separate hearings at separate stages of the same tria…

It is no defense to prosecution for perjury: (1) That the oath was administered in an irregular manner. (2) That there was some irregularity in the appointment or qualification of the person who administered the oath, if the taking of the oath was required or authorized by law. (…

(a) A person commits the crime of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of his duty, he makes or submits any written statement, which he does not believe to be true, in an application for pecuniary or other benefit,…

(a) A person commits the crime of impersonating a peace officer if he or she does any of the following: (1) Falsely pretends to be a peace officer and does any act in that capacity. (2) Is employed as or otherwise accepts an appointment as a peace officer either: a. Knowing that …

(a) A person commits the crime of tampering with governmental records if: (1) He knowingly makes a false entry in or falsely alters any governmental record; or (2) Knowing he lacks the authority to do so, he intentionally destroys, mutilates, conceals, removes or otherwise substa…

(a) The definitions in Sections 13A-10-1, 13A-10-60 and 13A-10-100 are applicable in this article unless the context otherwise requires. (b) The following definitions are also applicable in this article: (1) JUROR. Any person who is a member of any jury, including a grand jury, i…

(a) A person commits the crime of bribing a witness if he offers, confers or agrees to confer any thing of value upon a witness or a person he believes will be called as a witness in any official proceeding with intent to: (1) Corruptly influence the testimony of that person; (2)…

(a) A witness or a person believing he will be called as a witness in any official proceeding commits the crime of bribe receiving by a witness if he solicits, accepts or agrees to accept any thing of value upon an agreement or understanding that: (1) His testimony will thereby b…

(a) A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to: (1) Corruptly influence the testimony of that person; (2) Induce that person to a…

(a) A person commits the crime of tampering with a witness if he attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to: (1) Testify falsely or unlawfully withhold testimony; or (2) Absent himself from any official proceedin…

(a) A person commits the crime of bribing a juror if he offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror’s vote, opinion, decision or other action as a juror will thereby be corruptly influenced. (b) Bribing a juror is a Class …

(a) A person commits the crime of bribe receiving by a juror if he solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, decision or other action as a juror will thereby be corruptly influenced. (b) Bribe receiving …

(a) A person commits the crime of intimidating a juror if he attempts, by the use of a threat, to influence a juror’s vote, opinion, decision or other action as a juror. (b) “Threat,” as used in this section, means any threat proscribed by Section 13A-6- 25 on criminal coercion. …

(a) A person commits the crime of jury tampering if, with intent to influence a juror’s vote, opinion, decision or other action in the case, he attempts directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of the case. (b) Jury tam…

(a) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he: (1) Destroys, mutilates, conceals, removes or alters physical evidence with intent to imp…

Card. (a) It is unlawful for anyone to use an image or facsimile of the Great Seal of the State of Alabama as described in Section 1-2-4 for any commercial purpose. (b) It is unlawful for anyone to print or distribute, or both, a facsimile of an official identification card issue…

(a) A person commits the crime of interfering with judicial proceedings if: (1) He engages in disorderly, contemptuous or insolent behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the…

(a) A person commits the crime of simulating legal process if he knowingly delivers or causes to be delivered to another person any demand, request or claim for the payment of money or the delivery or transfer of property that in form and substance simulates any legal process iss…

(a) For the purposes of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and…

(a) It is unlawful for anyone to possess and present a facsimile of an official identification card issued by the Alabama State Law Enforcement Agency. (b) It is a Class A misdemeanor for any person to possess and present such a facsimile of an official identification card as des…

REPEALED BY ACT 2023-493, EFFECTIVE SEPTEMBER 1, 2023. (a) A person commits the crime of making a terrorist threat when he or she credibly, based on an objective evaluation, threatens to commit a crime of violence against a person or to damage any property by use of a bomb, explo…

This article shall be known and may be cited as “The Anti-Terrorism Act of 2002.” History: (Act 2002-431, p. 1126, §1.)

The following terms shall have the following meanings: (1) ACT OF TERRORISM. An act or acts constituting a specified offense as defined in subdivision (4) for which a person may be convicted in the criminal courts of this state, or an act or acts constituting an offense in any ot…

(a) A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, or kidnapping, he or s…

(a)(1) A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out, or aid in either an act of terrorism or the concealment of, or…