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Code of Alabama - Title 13A: Criminal Code - Chapter 8 - Offenses Involving Theft

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  • Article 1 Theft and Related Offenses.
    • Section 13A-8-1 Definitions generally
      The following definitions are applicable in this article unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or confirms ...
    • Section 13A-8-2 Theft of property - Definition
      A person commits the crime of theft of property if he or she: (1) Knowingly obtains or exerts unauthorized control over the property of ...
    • Section 13A-8-3 Theft of property in the first degree
      (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 ...
    • Section 13A-8-4 Theft of property in the second degree
      (a) The theft of property which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in ...
    • Section 13A-8-5 Theft of property in the third degree
      (a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of ...
    • Section 13A-8-6 Theft of lost property - Definition
      A person commits the crime of theft of lost property if he actively obtains or exerts control over the property of another which he ...
    • Section 13A-8-7 Theft of lost property in the first degree
      (a) The theft of lost property which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of lost property in the first ...
    • Section 13A-8-8 Theft of lost property in the second degree
      (a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) ...
    • Section 13A-8-9 Theft of lost property in the third degree
      (a) The theft of lost property which does not exceed five hundred dollars ($500) in value constitutes theft of lost property in the third ...
    • Section 13A-8-10 Theft of services - Definition
      (a) A person commits the crime of theft of services if: (1) He intentionally obtains services known by him to be available only for ...
    • Section 13A-8-10.1 Theft of services in the first degree
      (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) ...
    • Section 13A-8-10.2 Theft of services in the second degree
      (a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in ...
    • Section 13A-8-10.3 Theft of services in the third degree
      (a) The theft of services which does not exceed five hundred dollars ($500) in value constitutes theft of services in the third degree. (b) ...
    • Section 13A-8-10.4 Theft of trademarks or trade secrets
      (a) For purposes of this section: (1) ARTICLE. Any object, material, device, or substance or any copy thereof, including a writing, recording, drawing, sample, ...
    • Section 13A-8-11 Unauthorized use of vehicle; unlawful breaking and entering a vehicle
      (a) A person commits the crime of unauthorized use of a vehicle if: (1) Knowing that he does not have the consent of the ...
    • Section 13A-8-12 Defenses to prosecutions for theft and unauthorized use of vehicle
      (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 ...
    • Section 13A-8-13 Extortion - Definition
      A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him ...
    • Section 13A-8-14 Extortion in the first degree
      (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) ...
    • Section 13A-8-15 Extortion in the second degree
      (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 ...
    • Section 13A-8-16 Receiving stolen property - Definition
      (a) A person commits the crime of receiving stolen property if he intentionally receives, retains or disposes of stolen property knowing that it has ...
    • Section 13A-8-17 Receiving stolen property in the first degree
      (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 ...
    • Section 13A-8-18 Receiving stolen property in the second degree
      (a) Receiving stolen property: (1) Which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ($2,500) in ...
    • Section 13A-8-19 Receiving stolen property in the third degree
      (a) Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the third degree. (b) Receiving ...
    • Section 13A-8-20 Bringing stolen property into this state
      Any person who fraudulently brings into this state any personal property which he knew was stolen elsewhere shall, on conviction, be punished as if ...
    • Section 13A-8-21 Bringing into state property obtained by false pretense elsewhere
      Any person who brings or causes to be brought into this state any money or other personal property obtained from another by any false ...
    • Section 13A-8-22 Obscuring identity of vehicle
      (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 ...
    • Section 13A-8-23 Tampering with availability of gas, electricity, or water
      (a) The following terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise: (1) OWNER. Includes any part owner, joint owner, ...
  • Article 1A Secondary Metal Recycling.
    • Section 13A-8-30 Definitions
      As used in this article, the following terms have the following meanings: (1) FERROUS METALS. Any metals containing significant quantities of iron or steel, ...
    • Section 13A-8-31 Record of purchases
      (a) A secondary metals recycler shall maintain a legible record of all purchase transactions of ferrous or nonferrous metals to which the secondary metals ...
    • Section 13A-8-31.1 Payment and purchase limitations
      (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, ...
    • Section 13A-8-31.2 Registration and reporting requirements
      (a) All secondary metals recyclers subject to this article shall register with the Alabama Criminal Justice Information Center (ACJIC) by August 31, 2012, and ...
    • Section 13A-8-32 Inspections
      During the usual and customary business hours of a secondary metals recycler, a law enforcement officer, after properly identifying himself or herself as a ...
    • Section 13A-8-33 Law enforcement officers authorized to place hold on certain sales of 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 ...
    • Section 13A-8-34 Contesting identification or ownership of metal property
      (a) If the secondary metals recycler contests the identification or ownership of the metal property, the party other than the secondary metals recycler claiming ...
    • Section 13A-8-35 Exceptions
      This article shall not apply to purchases of metal property from any of the following: (1) A law enforcement officer acting in an official ...
    • Section 13A-8-35.1 Liability for injuries
      (a) A public or private owner of metal property is not civilly liable to a person who is injured during the theft or attempted ...
    • Section 13A-8-36 Damage or destruction of property
      (a) It is unlawful for a person with the intent to damage property and having no right to do so or any reasonable ground ...
    • Section 13A-8-37 Possession or control of stolen property
      (a) It is unlawful for a person to possess or control the following property knowing that it has been stolen or having reasonable grounds ...
    • Section 13A-8-37.1 Ownership documentation required for purchase of certain property
      (a) It is unlawful for a secondary metals recycler to purchase the following property unless a copy of verifiable documentation in addition to the ...
    • Section 13A-8-37.2 Lawful possession of metal property
      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 ...
    • Section 13A-8-38 Construction
      This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by ...
    • Section 13A-8-39 Application
      This article shall apply to all businesses regulated under this article without regard to the location within the State of Alabama and shall take ...
  • Article 2 Robbery.
    • Section 13A-8-40 Definitions
      (a) The definitions contained in Section 13A-8-1 are applicable to this article unless the context otherwise requires. (b) "In the course of committing a ...
    • Section 13A-8-41 Robbery in the first degree
      (a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: (1) Is armed with a ...
    • Section 13A-8-42 Robbery in the second degree
      (a) A person commits the crime of robbery in the second degree if he violates Section 13A-8-43 and he is aided by another person ...
    • Section 13A-8-43 Robbery in the third degree
      (a) A person commits the crime of robbery in the third degree if in the course of committing a theft he: (1) Uses force ...
    • Section 13A-8-44 Claim of right not defense in robbery prosecution
      No person may submit in defense against a prosecution for robbery in any of its degrees that there was no theft because the taking ...
  • Article 2A Pharmacy Robbery.
    • Section 13A-8-50 Short title
      This article shall be known and cited as "The Pharmacy Robbery Act of 1982." ...
    • Section 13A-8-51 Definitions
      When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PHARMACY. ...
    • Section 13A-8-52 Penalty for violation of article
      (a) Upon conviction of the criminal offense of "pharmacy robbery" as defined in Section 13A-8-51(2), the offender shall be imprisoned at hard labor for ...
  • Article 3 Shopping Carts.
    • Section 13A-8-60 Defined
      The term "shopping cart," when used in this article, shall mean those pushcarts of the type or types which are commonly provided by grocery ...
    • Section 13A-8-61 Removal from premises without consent of owner; "premises" defined
      It shall be unlawful for any person to remove a shopping cart from the premises, posted as provided in Section 13A-8-63, of the owner ...
    • Section 13A-8-62 Abandonment on public streets, sidewalks, parking lots, etc
      It shall be unlawful for any person to abandon a shopping cart upon any public street, sidewalk, way or parking lot, other than a ...
    • Section 13A-8-63 Posting of article in stores
      The owner of the store in which the shopping cart is used shall post in at least three prominent places in his store, and ...
    • Section 13A-8-64 Penalty for violation of article
      Any person convicted of a violation under this article shall be deemed guilty of a Class C misdemeanor and shall be punished as prescribed ...
  • Article 3A Traffic Signs.
    • Section 13A-8-70 "Traffic sign" defined
      As used in this article, the term "traffic sign" shall mean any traffic sign, traffic signal, warning sign, guideboard, milepost, road marker, emergency telephone ...
    • Section 13A-8-71 Possession of traffic sign; notification; destruction, defacement, etc., of traffic sign or traffic control device; defacement of public building or property
      (a) No person may unlawfully possess any traffic sign erected by the state, a county, or a municipality. (b) Any person who voluntarily notifies ...
    • Section 13A-8-72 Penalties
      (a) A person who is convicted of violating subsection (a) of Section 13A-8-71 shall be fined not more than fifty dollars ($50). (b) A ...
    • Section 13A-8-73 Fines to be deposited in general fund
      Any fines collected pursuant to this article shall be deposited in the general fund of the county and distributed as follows: one-half shall be ...
  • Article 4 Copying and Sale of Recorded Devices.
    • Section 13A-8-80 "Owner" defined
      Unless the context clearly requires otherwise, the term "owner," as used in this article, shall mean the person who owns, or has the exclusive ...
    • Section 13A-8-81 Transfer, manufacture, distribution, etc., of certain sounds without consent prohibited; applicability; penalties; recording rights; evidence of performer's consent
      (a) It shall be a felony for any person to: (1) Knowingly transfer or cause to be transferred, directly or indirectly, by any means, ...
    • Section 13A-8-82 Possession, sale, rental, etc., of recorded device in violation of article prohibited; penalties
      (1) It shall be unlawful for any person to knowingly sell, rent, cause to be sold or rented, or possess for the purpose of ...
    • Section 13A-8-83 Manufacturer's name required on package
      Every recorded device sold, rented or transferred for commercial advantage or private financial gain, or possessed for the purpose of sale, rental or transfer ...
    • Section 13A-8-84 Confiscation of nonconforming recordings, equipment and components
      It shall be the duty of any state, county or local law enforcement officer to confiscate all recorded material that does not conform to ...
    • Section 13A-8-85 Damages in civil action
      (a) Any owner of recorded material whose material has allegedly been illegally reproduced as provided herein shall have a cause of action in the ...
    • Section 13A-8-86 Penalties for manufacture, sale, rental, possession for sale or rental, etc., in contravention of article; forfeiture
      (a) Each separate manufacture, distribution, sale or transfer at wholesale of any unauthorized recording in contravention of the provisions of this article shall upon ...
  • Article 4A Unlawful Operation of a Recording Device in Motion Picture Theater.
    • Section 13A-8-90 Violations; penalties
      (a) For purposes of this section, the following words have the following meanings: (1) AUDIOVISUAL IMAGE. A series of related images which are intended ...
  • Article 5 Alabama Computer Crime Act.
    • Section 13A-8-100 Short title
      Repealed by Act 2012-432, SS11, effective August 1, 2012. ...
    • Section 13A-8-101 Definitions
      Repealed by Act 2012-432, SS11, effective August 1, 2012. ...
    • Section 13A-8-102 Offenses against intellectual property
      Repealed by Act 2012-432, SS11, effective August 1, 2012. ...
    • Section 13A-8-103 Acts constituting offense against computer equipment or supplies; punishment
      Repealed by Act 2012-432, SS11, effective August 1, 2012. ...
  • Article 5A The Alabama Digital Crime Act.
    • Section 13A-8-110 Short title
      This article may be cited as The Alabama Digital Crime Act. ...
    • Section 13A-8-111 Definitions
      As used in this article, the following terms shall have the following meanings: (1) ACCESS. To gain entry to, instruct, communicate with, store data ...
    • Section 13A-8-112 Computer tampering
      (a) A person who acts without authority or who exceeds authorization of use commits the crime of computer tampering by knowingly: (1) Accessing and ...
    • Section 13A-8-113 Encoded data fraud
      (a) A person commits the crime of encoded data fraud by: (1) Knowingly and with the intent to commit an unlawful act or to ...
    • Section 13A-8-114 Phishing
      (a) A person commits the crime of phishing if the person by means of an Internet web page, electronic mail message, or otherwise using ...
    • Section 13A-8-115 Disclosure of stored wire or electronic communications, transaction 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 ...
    • Section 13A-8-116 Warrants from other states
      (a) An Alabama corporation or business entity that provides electronic communication services or remote computing services to the general public, when served with a ...
    • Section 13A-8-117 Forfeiture of certain computers, software, etc
      (a) On conviction of a violation of this article or any other violation of the criminal laws of Alabama, the court shall order that ...
    • Section 13A-8-118 Prosecution
      A person who is subject to prosecution under this article and any other law of this state may be prosecuted under either or both ...
    • Section 13A-8-119 Activities of law enforcement agencies, political subdivisions, etc
      Nothing in this article prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of this state or a political ...
  • Article 6 Theft of Cable Television Services.
    • Section 13A-8-120 "Cable television company" defined
      As used in this article, unless the context requires otherwise, "cable television company" or "company" means any franchised or other duly licensed company which ...
    • Section 13A-8-121 Acts punishable as misdemeanors
      It shall be a misdemeanor for any person to knowingly: (1) Obtain or attempt to obtain cable television service from a company by trick, ...
    • Section 13A-8-122 Possession of certain devices constitutes prima facie evidence of 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) ...
    • Section 13A-8-123 Civil liability for violations of Section 13A-8-121
      (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, ...
    • Section 13A-8-124 Injunctive relief; damages; proof of actual damages not prerequisite
      (a) Any cable television company may, in accordance with the Alabama Rules of Civil Procedure, bring an action to enjoin and restrain any violation ...
    • Section 13A-8-125 Equipment used to violate article is contraband; seizure and 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 ...
    • Section 13A-8-126 Satellite reception dishes
      The provisions of this article shall have no application to satellite reception dishes nor related equipment or accessories used in connection with satellite reception ...
  • Article 7 Theft by Fraudulent Leasing or Rental of Property.
    • Section 13A-8-140 Elements of offense of theft by fraudulent leasing or rental
      The crime of theft by fraudulent leasing or rental of property is committed if a person, herein called "lessee", signs a written lease or ...
    • Section 13A-8-141 Prima facie evidence of fraudulent leasing or rental
      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, ...
    • Section 13A-8-142 Written demand for return of leased property; form of notice
      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 ...
    • Section 13A-8-143 Immunity from liability for giving of notice
      Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be ...
    • Section 13A-8-144 Penalties
      The crime of theft by fraudulent leasing or rental of property shall be a Class A misdemeanor if the subject matter of the lease ...
  • Article 8 Telecommunication Equipment or Plans, Prohibited Possession, Distribution, Use.
    • Section 13A-8-150 Definitions
      For the purposes of this article, the following definitions shall apply: (1) MANUFACTURE OF AN UNLAWFUL TELECOMMUNICATION DEVICE. The production or assembly of an ...
    • Section 13A-8-151 Unlawful acts with respect to telecommunications devices; seizure 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 ...
    • Section 13A-8-152 Penalties
      (a) Any person violating any of the provisions of this article shall be guilty of a Class B misdemeanor. However, if the offense involves ...
  • Article 9 Leaving Premises of Gasoline Sales Establishment without Remitting Payment.
    • Section 13A-8-170 Violation and penalties
      (a) No person shall drive his or her motor vehicle off the premises of an establishment where gasoline is offered for retail sale after ...
  • Article 10 The Consumer Identity Protection Act.
    • Section 13A-8-190 Short title
      This article shall be known as "The Consumer Identity Protection Act." ...
    • Section 13A-8-191 Definitions
      For purposes of this article, the following words shall have the following meanings: (1) IDENTIFICATION DOCUMENTS. Any papers, cards, or other documents issued by ...
    • Section 13A-8-192 Identity theft
      (a) A person commits the crime of identity theft if, without the authorization, consent, or permission of the victim, and with the intent to ...
    • Section 13A-8-193 Trafficking in stolen identities
      (a) A person commits the crime of trafficking in stolen identities when, without the authorization, consent, or permission of the victim, he or she ...
    • Section 13A-8-194 Obstructing justice using a false identity
      (a) A person commits the crime of obstructing justice using a false identity if he or she uses identification documents or identifying information of ...
    • Section 13A-8-195 Restitution for financial loss
      Upon conviction for any crime in this article, in addition to any other punishment, a person found guilty shall be ordered by the court ...
    • Section 13A-8-196 Situs of crime
      In any criminal proceeding brought pursuant to this article, the crime shall be considered to be committed in any county in which any part ...
    • Section 13A-8-197 Court records to reflect innocence of victim
      In any case in which a person obtains identification documents or identifying information of another person in violation of this article and uses the ...
    • Section 13A-8-198 Order to correct records
      (a) Upon a conviction for any crime in violation of this article or conviction of any other offense which the court finds involved identity ...
    • Section 13A-8-199 Civil action for violation of chapter
      (a) In addition to any other remedies provided by law, a victim who has suffered loss as a result of a criminal violation of ...
    • Section 13A-8-200 Block on false information in credit reports
      (a) As used in this section, the following words shall have the following meanings: (1) CONSUMER CREDIT REPORT. The term shall mean the same ...
    • Section 13A-8-201 Reissuance of identification documents
      Upon request by a victim of a crime created by this article, identification documents issued by a state, county, or municipal agency and used ...

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    Last modified: March 18, 2014