Code of Alabama - Title 13A: Criminal Code - Chapter 3 - Defenses
- Article 1 Responsibility.
- Section 13A-3-1 Mental disease or defect
(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,...
- Section 13A-3-2 Intoxication
(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,...
- Section 13A-3-3 Immaturity
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.
- Article 2 Justification and Excuse.
- Section 13A-3-20 Definitions
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,...
- Section 13A-3-21 Basis for defense generally; injury to innocent person through 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...
- Section 13A-3-22 Execution of public duty
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...
- Section 13A-3-23
(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...
- Section 13A-3-24 Use of force by persons with parental, custodial, or special 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...
- Section 13A-3-25 Use of force in defense of premises
(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...
- Section 13A-3-26 Use of force in defense of property other than premises
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...
- Section 13A-3-27 Use of force in making an arrest or preventing an escape
(a) A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order:...
- Section 13A-3-28 Use of force in resisting arrest prohibited
A person may not use physical force to resist a lawful arrest by a peace officer who is known or reasonably appears to be a...
- Section 13A-3-30 Duress
(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...
- Section 13A-3-31 Entrapment
The Alabama Criminal Code adopts the present case law on entrapment.
Last modified: May 3, 2021