Title 13A — Title 13A

This title shall be known and may be cited as the “Alabama Criminal Code.” History: (Acts 1977, No. 607, p. 812, §101.)

All proceedings pending and all rights and liabilities existing, acquired or incurred on January 1, 1980, are hereby saved and may be consummated according to the law in force when they were commenced. This title shall not be construed to affect any prosecution pending or begun b…

This title shall take effect at 12:01 A.M. o’clock on January 1, 1980. History: (Acts 1977, No. 607, p. 812, §9910; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-125, p. 230.)

Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings: (1) BOOBY TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making con…

The general purposes of the provisions of this title are: (1) To proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual and/or public interests; (2) To give fair warning of the nature of the conduct proscribed and of the punishment…

No act or omission is a crime unless made so by this title or by other applicable statute or lawful ordinance. History: (Acts 1977, No. 607, p. 812, §110.)

All provisions of this title shall be construed according to the fair import of their terms to promote justice and to effect the objects of the law, including the purposes stated in Section 13A-1-3. History: (Acts 1977, No. 607, p. 812, §115.)

of Title. (a) The provisions of this title shall govern the construction of and punishment for any offense defined in this title and committed after 12:01 A.M. January 1, 1980, as well as the construction and application of any defense to a prosecution for such an offense. (b) Un…

When More Than One Offense. (a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this title. (2) This title does not bar, suspend, or otherwise affect any right or…

(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if: (1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or…

The following definitions apply to this Criminal Code: (1) ACT. A bodily movement, and such term includes possession of property. (2) VOLUNTARY ACT. An act performed consciously as a result of effort or determination, and such term includes the possession of property if the actor…

The following definitions apply to this Criminal Code: (1) INTENTIONALLY. A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct. (2) KNOWINGLY. A person …

A person is criminally liable for an offense if it is committed by his own behavior or by the behavior of another person for which he is legally accountable as provided for in this article, or both. History: (Acts 1977, No. 607, p. 812, §401.)

Imposed by Statute. A person is legally accountable for the behavior of another person if he is made accountable for the behavior of such person by the statute defining the offense or by specific provision of this title. History: (Acts 1977, No. 607, p. 812, §405.)

Innocent Person. (a) A person is legally accountable for the behavior of another if, acting with the culpable mental state sufficient for the commission of the offense in question, he causes an innocent person to engage in such behavior. (b) As used in this section, an “innocent …

A person is legally accountable for the behavior of another constituting a criminal offense if, with the intent to promote or assist the commission of the offense: (1) He procures, induces or causes such other person to commit the offense; or (2) He aids or abets such other perso…

Unless otherwise provided by the statute defining the offense, a person shall not be legally accountable for behavior of another constituting a criminal offense if: (1) He is a victim of that offense; or (2) The offense is so defined that his conduct is inevitably incidental to i…

Not Available. In a prosecution for an offense in which criminal liability is based upon the behavior of another person pursuant to this article, it is no defense that: (1) Such other person has not been prosecuted for or convicted of any offense based upon the behavior in questi…

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf. History: (Acts 1977, No. 607, p. 812, §435.)

Liability and of Mental Culpability. The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for…

(a) When a statute defining an offense prescribes as an element thereof a specified culpable mental state, such mental state is presumed to apply to every element of the offense unless the context thereof indicates to the contrary. (b) Although no culpable mental state is express…

Mental Culpability. (a) A person is criminally liable if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was sufficient to produce the result and the conduct of the actor clearly insuff…

(a) A person is not relieved of criminal liability for conduct because he engages in that conduct under a mistaken belief of fact unless: (1) His factual mistake negatives the culpable mental state required for the commission of an offense; or (2) The statute defining the offense…

(a) In general. - The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives a required element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the…

(a) It is an affirmative defense to a prosecution for any crime that, at the time of the commission of the acts constituting the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts. Me…

(a) Intoxication is not a defense to a criminal charge, except as provided in subsection (c) of this section. However, intoxication, whether voluntary or involuntary, is admissible in evidence whenever it is relevant to negate an element of the offense charged. (b) When recklessn…

The following definitions are applicable to this article: (1) BUILDING. Any structure which may be entered and utilized by persons for business, public use, lodging, or the storage of goods, and includes any vehicle, aircraft, or watercraft used for the lodging of persons or carr…

Negligence; Civil Remedies. (a) Defense. Except as otherwise expressly provided, justification or excuse under this article is a defense. (b) Danger to innocent persons. If a person is justified or excused in using force against a person, but he recklessly or negligently injures …

Unless inconsistent with other provisions of this article, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant…

[Effective until October 1, 2026.] AMENDED BY ACT 2026-493, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believ…

Responsibilities. The use of force upon another person is justified under any of the following circumstances: (1) A parent, guardian, or other person responsible for the care and supervision of a minor or an incompetent person, and a teacher or other person responsible for the ca…

(a) A person in lawful possession or control of premises, as defined in Section 13A- 3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate w…

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal misch…

(a) A law enforcement officer shall be justified in making any use of physical force against a person if the use of force is conduct performed within the law enforcement officer’s discretionary authority and does not constitute excessive force as provided in subsection (b). (b) N…

A person may not use physical force to resist a lawful arrest by a law enforcement officer who is known or reasonably appears to be a law enforcement officer. History: (Acts 1977, No. 607, p. 812, §635; Act 2025-423, §3.)

The prosecution of any person as an adult shall be barred if the offense was committed when the actor was less than 14 years old. History: (Acts 1977, No. 607, p. 812, §510.)

(a) It is a defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by the threat of imminent death or serious physical injury to himself or another. (b) The defense provided by this section is unavailable if the actor intentional…

The Alabama Criminal Code adopts the present case law on entrapment. History: (Acts 1977, No. 607, p. 812, §650; Acts 1979, No. 79-664, p. 1163, §1.)

(a)(1) A person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a crime, he or she solicits, requests, commands or importunes another person to engage in such conduct. (2) A person may not be convicted of criminal solicita…

(a) A person is guilty of an attempt to commit a crime if, with the intent to commit a specific offense, he or she does any overt act towards the commission of the offense. (b) It is no defense under this section that the offense charged to have been attempted was, under the atte…

(a) A person is guilty of criminal conspiracy if, with the intent that conduct constituting an offense be performed, he or she agrees with one or more persons to engage in or cause the performance of the conduct, and any one or more of the persons does an overt act to effect an o…

Here. A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state. History: (Code 1896, §4430; Co…

Convictions on Basis of Same Course of Conduct. (a) It is no defense to a prosecution for criminal solicitation, Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the offense solicited, attempted or conspired was actually committed. (b) A pe…

(a) Every person convicted of any offense defined in this title, or defined outside this title, shall be sentenced by the court in accordance with this article, unless otherwise specifically provided by law. (b) Penal laws enacted after January 1, 1980, shall be classified for pu…

(a) The court may conduct a hearing upon the issue of whether a defendant is a repeat or habitual offender under Section 13A-5-9, according to procedures established by rule of court. (b) Section 13A-5-9 does not apply to a corporation. History: (Acts 1977, No. 607, p. 812, §1237…

Summary Sheets, Docket Sheets, Etc. (a) Certified copies of case action summary sheets, docket sheets or other records of the court are admissible for the purpose of proving prior convictions of a crime, if the prior conviction is otherwise admissible under the laws of this state…

(a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations: (1) For a Class A felony, not more than $60,000; (2) For a Class B felony, not more than $30,000; (3) For a Class C felony, not more than $15,000; (4) F…

(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations: (1) For a Class A misdemeanor, not more than $6,000; (2) For a Class B misdemeanor, not more than $3,000; (3) For a Class C misdemeanor, not more t…

Repealed by Act 2011-680, p. 2004, §2, effective June 14, 2011. History: (Act 2003-355, p. 962, §2.)

Ethnicity, or Physical or Mental Disability. (a) The Legislature finds and declares the following: (1) It is the right of every person, regardless of race, color, religion, national origin, ethnicity, or physical or mental disability, to be secure and protected from threats of re…