Code of Alabama - Title 13A: Criminal Code - Chapter 12 - Offenses Against Public Health and Morals

Article 1 General Provisions.

Section 13A-12-1 Certain acts prohibited on Sunday
Repealed by Act 2015-70 effective April 21, 2015.
Section 13A-12-2 Holding public markets and trading therein on Sunday
Repealed by Act 2015-70 effective April 21, 2015.
Section 13A-12-3 Selling cigarettes to minors
Any person who sells, barters, exchanges or gives to any minor any tobacco, tobacco product, electronic nicotine delivery system, or alternative nicotine product, on conviction,...
Section 13A-12-3.1 Definitions
For purposes of this article, the following terms shall have the following meanings: (1) ALTERNATIVE NICOTINE PRODUCT. The same meaning as in Section 28-11-2. (2)...
Section 13A-12-3.2 Delivery sale to persons under legal minimum age prohibited; acceptance of purchase order
(a) No person shall make a delivery sale of cigarettes to any individual who is under the legal minimum age. (b) Each person accepting a...
Section 13A-12-3.3 Delivery prerequisites
(a) No person, other than a delivery service, shall mail, ship, or otherwise cause to be delivered a shipping package in connection with a delivery...
Section 13A-12-3.4 Notice requirements
(a) The notice required under subdivision (4) of Section 13A-12-3.3 shall include all of the following: (1) A statement that cigarette sales to consumers below...
Section 13A-12-3.5 Shipping requirements
Each person, other than a delivery service, who mails, ships, or otherwise causes to be delivered a shipping package in connection with a delivery sale...
Section 13A-12-3.6 Reporting requirements
(a) Each person who makes a delivery sale of cigarettes to a consumer located within this state shall file with the department for each individual...
Section 13A-12-3.7 Collection and remittance of taxes; statement requirements
(a) Each person who makes a delivery sale shall collect and remit to the department all excise taxes imposed by this state with respect to...
Section 13A-12-3.8 Permit requirements; violations
(a) No person may conduct a delivery sale of electronic nicotine delivery systems or alternative nicotine products unless the seller has obtained a valid permit...
Section 13A-12-4 Keeping cockpit; cockfighting
Any person who keeps a cockpit or who in any public place fights cocks shall, on conviction, be fined not less than $20.00 nor more...
Section 13A-12-5 Unlawful bear exploitation; penalties
Repealed by Act 2015-70 effective April 21, 2015.
Section 13A-12-6 Hog and canine fighting
(a) As used in this section, the term "hog" shall mean a pig, swine, or boar. (b) The crime of hog and canine fighting occurs...

Article 2 Gambling Offenses.

Division 1 General Provisions.

Section 13A-12-20 Definitions
The following definitions apply to this article: (1) ADVANCE GAMBLING ACTIVITY. A person "advances gambling activity" if he engages in conduct that materially aids any...
Section 13A-12-21 Simple gambling
(a) A person commits the crime of simple gambling if he knowingly advances or profits from unlawful gambling activity as a player. (b) It is...
Section 13A-12-22 Promoting gambling
(a) A person commits the crime of promoting gambling if he knowingly advances or profits from unlawful gambling activity otherwise than as a player. (b)...
Section 13A-12-23 Conspiracy to promote gambling
(a) A person commits the crime of conspiracy to promote gambling if he conspires to advance or profit from gambling activity otherwise than as a...
Section 13A-12-24 Possession of gambling records in the first degree
(a) A person commits the crime of possession of gambling records in the first degree if with knowledge of the contents thereof, he possesses any...
Section 13A-12-25 Possession of gambling records in the second degree
(a) A person commits the crime of possession of gambling records in the second degree if with knowledge of the contents thereof, he possesses any...
Section 13A-12-26 Defense to prosecution for possession of gambling records
A person does not commit the crime of possession of gambling records in either degree if the writing, paper, instrument or article possessed by the...
Section 13A-12-27 Possession of gambling device
(a) A person commits the crime of possession of a gambling device if with knowledge of the character thereof he manufactures, sells, transports, places or...
Section 13A-12-28 Prima facie proof of gambling offenses
(a) Proof of possession of any gambling device, as defined by subdivision (5) of Section 13A-12-20 or any gambling record specified in Sections 13A-12-24 and...
Section 13A-12-29 Lottery occurring outside state no defense to prosecution under Section 13A-12-22
It is no defense under Section 13A-12-22 relating to a lottery that the lottery itself is drawn or conducted outside Alabama and is not in...
Section 13A-12-30 Forfeiture of gambling devices and gambling proceeds
(a) Any gambling device or gambling record possessed or used in violation of this article is forfeited to the state, and shall by court order...
Section 13A-12-31 Legalized pari-mutuel betting not affected
The provisions of this article shall not apply to pari- mutuel betting at race meetings authorized by statute. All presently effective state statutes and laws...

Division 2 Suppression of Gambling Places.

Section 13A-12-50 Unlawful to maintain electric bells, etc
No person or persons shall maintain or use any electric bells, wires or signals or any elevators or dumbwaiters or other implements or appliances connected...
Section 13A-12-51 District attorney to file complaint on certain information
When it shall be made known to any district attorney who prosecutes criminal cases in the county by the chief of police, sheriff or other...
Section 13A-12-52 Exhibiting gambling devices in barred house or where speaking tubes or electric signals are used
No person or persons shall exhibit or expose to view in any barred or barricaded house or room, in any place built or constructed in...
Section 13A-12-53 Owner permitting any person to equip any room, etc
Any person who, being the owner, proprietor, or keeper, or superintendent of any tavern, inn, restaurant, billiard room, poolroom or other public house, permits or...
Section 13A-12-54 When affidavit made, court to examine affiant under oath
When an affidavit is made before a court of competent jurisdiction that the complainant has probable cause to believe and does believe that any house...
Section 13A-12-55 Duty of officer to break into and enter house
The officer, in executing said warrant, shall break into and enter such house, room or part of a house, upon the refusal of the proprietor...
Section 13A-12-56 Arrest of occupants of house
If it appears from the affidavit of the complainant or of any other witness that he produces what persons are the proprietors of or the...
Section 13A-12-57 Trial; defendant bound over
The court shall thereupon proceed to hear the evidence in the case, and, if probable cause is shown for believing said parties or any of...
Section 13A-12-58 Presence of bells, etc., prima facie evidence
The presence of electric bells, wires or signals or dumbwaiters or of other implements or appliances that may be used for the purpose of communicating...

Division 3 Transportation of Lottery Paraphernalia.

Section 13A-12-70 Transportation by certain persons; seizure of vehicles used
Any transportation or conveyance within this state of any slip, ticket, card, paper, writing, article, thing or other device or paraphernalia which is customarily or...
Section 13A-12-71 Movement of vehicle need not be shown
In order to condemn and confiscate any of the above mentioned conveyances or vehicles, it shall not be necessary for the state or prosecuting authority...
Section 13A-12-72 Procedure for condemnation and forfeiture of vehicle
Except as otherwise herein provided, the manner, method and procedure for the forfeiture and condemnation of any such vehicle shall be the same as that...
Section 13A-12-73 Sale of forfeited vehicle; rights of bailor, conditional vendor or mortgagee
The court in condemnation proceedings shall sell the right of all interested persons in and to said conveyance or vehicle who aided or assisted any...
Section 13A-12-74 Disposition of proceeds of sale of forfeited vehicle
The proceeds of the sale of any such vehicle or conveyance forfeited to the state shall, after paying all expenses in the cause, including the...
Section 13A-12-75 Transportation of articles not commonly used in numbers or policy game not unlawful
The provisions of this division shall not be construed to make unlawful the transportation of articles or paraphernalia not commonly used in the conduct of...
Section 13A-12-76 Bona fide coin-operated amusement machines
(a) Sections 13A-12-70 to 13A-12-75, inclusive, shall not apply to a coin-operated game or device designed and manufactured for bona fide amusement purposes which, by...

Division 4 Federal Wagering Occupational Tax Stamp.

Section 13A-12-90 Possession, etc., of stamp prima facie evidence of violation of gambling laws
The holding, owning, having in possession of, or paying the tax of a wagering occupational tax stamp issued by the internal revenue authorities of the...
Section 13A-12-91 Production of stamp warrants indictment or information
In cases where the proper prosecuting officers shall produce said stamp or certified copy, the grand jury may indict the holder of such stamp or...
Section 13A-12-92 Proof of ownership, etc
Upon the trial of such person, proof of the owning, holding or possession of such stamp may be made by two witnesses who have seen...

Article 3 Prostitution Offenses.

Division 1 Promoting Prostitution.

Section 13A-12-110 Definitions
The following definitions are applicable in Sections 13A-12-111 through 13A-12-113: (1) ADVANCE PROSTITUTION. A person "advances prostitution" if, acting other than as a prostitute or...
Section 13A-12-111 Promoting prostitution in the first degree
(a) A person commits the crime of promoting prostitution in the first degree if he knowingly: (1) Advances prostitution by compelling a person by force...
Section 13A-12-112 Promoting prostitution in the second degree
(a) A person commits the crime of promoting prostitution in the second degree if he knowingly: (1) Advances or profits from prostitution by managing, supervising,...
Section 13A-12-113 Promoting prostitution in the third degree
(a) A person commits the crime of promoting prostitution in the third degree if he knowingly advances or profits from prostitution. (b) Promoting prostitution in...

Division 2 Prostitution.

Section 13A-12-120 Prostitution defined
For the purpose of this division, the term prostitution shall mean the commission by a person of any natural or unnatural sexual act, sodomy, or...
Section 13A-12-121 Prohibited activities
(a) No person shall commit an act of prostitution as defined in Section 13A-12-120. (b) No person shall solicit, compel, or coerce any person to...
Section 13A-12-121.1 Offenses involving minors
(a) No person shall commit an act of prostitution, as defined in Section 13A-12-120, with a minor. (b) No person shall solicit, compel, or coerce...
Section 13A-12-122 Violations
(a) Each violation of Section 13A-12-121 is a Class A misdemeanor. (b) A violation of Section 13A-12-121.1 is a Class B felony.
Section 13A-12-123 Sexually exploited child
A sexually exploited child, as defined in Section 12-15-701, who is alleged to have committed a violation of Section 13A-12-120 or 13A-12-121, or any municipal...
Section 13A-12-124 Certain defenses excluded
(a) As used in this section, the term minor victim means a person who committed, or was solicited to commit, an act of prostitution while...
Section 13A-12-125 Additional fine
In addition to all other fines and penalties prescribed by law, a person convicted of violating Section 13A-6-152, Section 13A-6-153, Section 13A-12-111, Section 13A-12-112, Section...

Article 4 Obscenity and Related Offenses.

Division 1 General Provisions.

Section 13A-12-130 Public lewdness
(a) A person commits the crime of public lewdness if: (1) He exposes his anus or genitals in a public place and is reckless about...
Section 13A-12-131 Public display of obscene sticker, sign, etc
It shall be unlawful for any person to display in public any bumper sticker, sign or writing which depicts obscene language descriptive of sexual or...

Division 2 Importation, Display, Distribution, etc., of Obscene Matter Generally.
Division 3 Sale, Exhibition, etc., of Obscene Materials to Minors.
Division 4 Obscene Materials Containing Visual Reproduction of Children.

Section 13A-12-190 Definitions
For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) DISSEMINATE. To transmit, distribute,...
Section 13A-12-191 Dissemination or public display of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts
Any person who shall knowingly disseminate or display publicly any obscene matter containing a visual depiction of a person under the age of 17 years...
Section 13A-12-192 Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts
(a) Any person who knowingly possesses with intent to disseminate any obscene matter that contains a visual depiction of a person under the age of...
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out in Sections 13A-12-191, 13A-12-192, 13A-12-196 and...
Section 13A-12-194 Identity of person engaged in obscene act not required
The state shall not be required to establish the identity, either in the indictment or in any subsequent proceeding, of the person alleged to be...
Section 13A-12-195 Indication of commercial exploitation of matter for prurient appeal may be considered in determining whether matter appeals to prurient interest, etc
Where the circumstances of the dissemination or public display of matter indicates that it is being commercially exploited by the defendant for its prurient appeal,...
Section 13A-12-196 Parents or guardians permitting children to engage in production of obscene matter guilty of Class A felony
Any parent or guardian who knowingly permits or allows their child, ward, or dependent under the age of 17 years to engage in the production...
Section 13A-12-197 Production of obscene matter containing visual depiction of person under 17 years of age involved in obscene acts
(a) Any person who knowingly films, prints, records, photographs or otherwise produces any obscene matter that contains a visual depiction of a person under the...
Section 13A-12-198 Forfeiture of equipment, materials, vehicles, etc., used in production, transportation, dissemination, etc., of obscene matter
Any article, equipment, machine, materials, matter, vehicle or other thing whatsoever used in the commercial production, transportation, dissemination, display or storage of any obscene matter...

Division 5 Alabama Anti-Obscenity Enforcement Act.

Section 13A-12-200.1 Definitions
As used in this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) ADULT BOOKSTORES and ADULT VIDEO...
Section 13A-12-200.2 Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines
(a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material...
Section 13A-12-200.3 Dissemination of obscene material; penalty; disposition of fines
It shall be unlawful for any person to knowingly procure or write advertisement for obscene material or disseminate publicly any obscene material. Any person who...
Section 13A-12-200.4 Affirmative defenses
It shall be an affirmative defense to a charge of violating Sections 13A-12-200.2 and 13A-12-200.3 that the act charged was done for a bona fide...
Section 13A-12-200.5 Material harmful to minors - Distribution, possession with intent to distribute, display for sale, etc., prohibited; penalty; affirmative defenses; operation of adult-only enterprise near place frequented by minors; exceptions; disposition of fines
(1) It shall be unlawful for any person to knowingly or recklessly distribute to a minor, possess with intent to distribute to a minor, or...
Section 13A-12-200.6 Extradition of persons charged with violation of this division
The Governor of this state may demand from the governor of any other state the extradition of any person found in such other state who...
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over other matters
(1) When there is reason to believe that any person is violating or is about to violate any of the provisions of this division, the...
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures; hearing; forfeiture action; action for money judgment
(a) The following property is subject to forfeiture: (1) All obscene material and material which is harmful to minors used, intended to be used or...
Section 13A-12-200.9 Effect on other laws and ordinances
The provisions of this division shall not be deemed to repeal, amend, affect, or limit the Alabama Red Light Abatement Act or the provisions of...
Section 13A-12-200.10 Inapplicability of criminal provisions to libraries and their agents or employees
The criminal provisions of this division shall not apply to bona fide public libraries, or public school or college or university libraries, or their employees...
Section 13A-12-200.11 Display of genitals, etc., for entertainment purposes; violation; disposition of fines
It shall be unlawful for any business establishment or any private club to show or allow to be shown for entertainment purposes the human male...
Section 13A-12-200.12 Special operating license for adult-only enterprises; advertisement; revocation of license
(a) Any business establishment that operates as an "adult bookstore," "adult movie house," "adult video store," or other form of adult-only entertainment enterprise shall obtain...

Article 5 Drug Offenses.

Division 1 Inchoate Drug Offenses.

Section 13A-12-201 Short title
This division shall be entitled "The Drug Predator Control Act of 1987."
Section 13A-12-202 Criminal solicitation to commit controlled substance crime
(a) A person is guilty of criminal solicitation to commit a controlled substance crime if he engages in the conduct defined as criminal solicitation in...
Section 13A-12-203 Attempt to commit controlled substance crime
(a) A person is guilty of an attempt to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-2(a), and...
Section 13A-12-204 Criminal conspiracy to commit controlled substance crime
(a) A person is guilty of criminal conspiracy to commit a controlled substance crime if he engages in the conduct defined in Section 13A-4-3(a), and...
Section 13A-12-205 Included offenses
Attempt, criminal solicitation, and criminal conspiracy to commit a controlled substance crime are offenses included in any controlled substance crime that is charged, and a...

Division 2 Drug Possession and Sale Offenses.

Section 13A-12-210 Short title
This division shall be entitled "The Drug Crimes Amendments Act of 1987."
Section 13A-12-211 Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance
(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers,...
Section 13A-12-212 Unlawful possession or receipt of controlled substances
(a) A person commits the crime of unlawful possession of controlled substance if: (1) Except as otherwise authorized, he or she possesses a controlled substance...
Section 13A-12-213 Unlawful possession of marihuana in the first degree
(a) A person commits the crime of unlawful possession of marihuana in the first degree if, except as otherwise authorized: (1) He or she possesses...
Section 13A-12-214 Unlawful possession of marihuana in the second degree
(a) A person commits the crime of unlawful possession of marihuana in the second degree if, except as otherwise authorized, he possesses marihuana for his...
Section 13A-12-214.1 Unlawful possession of certain chemical compounds
(a) The possession of salvia divinorum or salvinorum A, including all parts of the plant presently classified botanically as salvia divinorum, whether growing or not,...
Section 13A-12-214.2 (Repealed effective July 1, 2020) Possession and use of cannabidiol
(a) This section shall be known and may be cited as "Carly's Law." (b) As used in this section, the following words shall have the...
Section 13A-12-214.3 Possession and use of cannabidiol for certain debilitating conditions
(a)(1) This section shall be known and may be cited as Leni's Law. (2) For the purposes of this section, the following terms shall have...
Section 13A-12-215 Sale, furnishing, etc., of controlled substances by persons over age 18 to persons under age 18
If the offender is over the age of 18 and the offense consists of selling, furnishing or giving such controlled substances as enumerated in Schedules...
Section 13A-12-216 Schedules of controlled substances
The Schedules I through V referred to in this division are the schedules contained in Sections 20-2-20 through 20-2-31, or in those schedules as revised...
Section 13A-12-217 Unlawful manufacture of controlled substance in the second degree
(a) A person commits the crime of unlawful manufacture of a controlled substance in the second degree if, except as otherwise authorized in state or...
Section 13A-12-218 Unlawful manufacture of controlled substance in the first degree
(a) A person commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she violates Section 13A-12-217 and...
Section 13A-12-219 Unlawful possession of anhydrous ammonia
(a) A person commits the crime of unlawful possession of anhydrous ammonia if he or she purchases, possesses, transfers, or distributes any amount of anhydrous...

Division 3 Drug Trafficking Offenses.

Section 13A-12-231 Trafficking in cannabis, cocaine, etc.; mandatory minimum terms of imprisonment; trafficking in illegal drugs; trafficking in amphetamine and methamphetamine; habitual felony offender act
Except as authorized in Chapter 2, Title 20: (1) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly...
Section 13A-12-232 Sentence not to be suspended, deferred, etc., prior to mandatory minimum term; reduction, suspension, etc., of sentence for assistance in arrest, conviction, etc., of accessories, principals, etc
(a) Notwithstanding the provisions of Chapter 22, Title 15, or any other provision of law, with respect to any person who is found to have...
Section 13A-12-233 Drug trafficking enterprise defined; punishment
(a) This section shall be known as the "Alabama Drug Trafficking Enterprise Act." For purposes of this section, a person is engaged in a criminal...

Division 4 Sale on or Near School Campus.

Section 13A-12-250 Additional penalty if unlawful sale on or near school campus
In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is...

Division 5 Drug Paraphernalia Offenses.

Section 13A-12-260 Drug paraphernalia; use or possession; delivery or sale; forfeiture
(a) Definition of "drug paraphernalia". As used in this section, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are...

Division 6 Sale at or Near Public Housing Project.

Section 13A-12-270 Additional penalty for unlawful sale within three-mile radius of public housing project
In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is...

Division 7 Demand Reduction Assessment Act.

Section 13A-12-280 Short title
This division shall be known and may be cited as the Demand Reduction Assessment Act.
Section 13A-12-281 Additional penalties prescribed
(a) In addition to any disposition and fine authorized by Sections 13A-12-202, 13A-12-203, 13A-12-204, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-215, or 13A-12-231, or any other statute indicating...
Section 13A-12-282 Collection of penalties
All penalties provided for in this division shall be collected as provided for collection of fines and restitution in [Rule 26.11, Alabama Rules of Criminal
Section 13A-12-283 Deposit of penalties in Drug Demand Reduction Fund; use of fund
All moneys collected pursuant to this division shall be forwarded to the Department of Corrections to be deposited in a revolving fund to be known...
Section 13A-12-284 Suspension and reduction of penalty conditioned on participation in drug rehabilitation program; amount of reduction
(a) The court may suspend the collection of a penalty imposed pursuant to this division if the defendant agrees to enter a drug rehabilitation program...

Division 8 Suspension of Driver's License for Certain Drug Related Violations.

Section 13A-12-290 License suspended for six months; crediting of time
In addition to any other penalty provided by law, the Alabama State Law Enforcement Agency shall suspend for a period of six months the driver's...
Section 13A-12-291 Specific crimes warranting suspension of driver's license
(a) A driver's license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following...
Section 13A-12-292 Procedure
Upon conviction or adjudication of, or finding of delinquency based on, any of the offenses enumerated in Section 13A-12-291, the court shall take the defendant's...
Section 13A-12-293 Federal crimes and crimes of other states given same effect
For purposes of this division, if the conduct or acts punishable by reference in Section 13A-12-291 also constitute violations of a federal law or the...
Section 13A-12-294 Collection of fee
The Director of the Alabama State Law Enforcement Agency shall establish and collect a nonrefundable fee in the amount of twenty-five dollars ($25) for costs...

Division 9 Deceptively Obtaining a Controlled Substance.

Section 13A-12-320 Deceptively obtaining a prescription for a controlled substance
(a) It is unlawful for any person to deceptively obtain a controlled substance, as defined in Section 20-2-2(4), from a medical practitioner by intentionally and...

Division 10

Section 13A-12-340 Manufacture, sale, use, etc., of synthetic urine or urine additive
(a) As used in this section, the following terms have the following meanings: (1) DEFRAUD. A misrepresentation of a material fact made willfully to deceive...

Last modified: May 3, 2021