Code of Alabama - Title 13A: Criminal Code - Chapter 8 - Offenses Involving Theft
- Article 1 Theft and Related Offenses.
- Section 13A-8-1 Definitions
The following definitions are applicable in this article unless the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or confirms another's...
- Section 13A-8-2 Theft of property - Definition; limitations period
(a) 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-8-2.1 Aggravated theft by deception
(a) A person commits the crime of aggravated theft by deception if he or she does any of the following: (1) He or she commits...
- 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 of...
- Section 13A-8-4 Theft of property in the second degree
(a) The theft of property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value, and which...
- Section 13A-8-4.1 Theft of property in the third degree
(a) The theft of property that exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499)...
- Section 13A-8-5 Theft of property in the fourth 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 another...
- 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 knows...
- 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 degree....
- Section 13A-8-8 Theft of lost property in the second degree
(a) The theft of lost property between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes...
- Section 13A-8-8.1 Theft of lost property in the third degree
(a) The theft of lost property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars...
- Section 13A-8-9 Theft of lost property in the fourth degree
(a) The theft of lost property which does not exceed five hundred dollars ($500) in value constitutes theft of lost property in the fourth degree....
- 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 compensation...
- 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) Theft...
- Section 13A-8-10.2 Theft of services in the second degree
(a) The theft of services between one thousand five hundred dollars ($1,500) in value and two thousand five hundred dollars ($2,500) in value constitutes theft...
- Section 13A-8-10.25 Theft of services in the third degree
(a) The theft of services which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499)...
- Section 13A-8-10.3 Theft of services in the fourth degree
(a) The theft of services which does not exceed five hundred dollars ($500) in value constitutes theft of services in the fourth degree. (b) Theft...
- 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, specimen,...
- Section 13A-8-10.5 Theft of valor
(a) For the purposes of this section, the following terms shall have the following meanings: (1) CONGRESSIONAL MEDAL OF HONOR. Includes any of the following:...
- Section 13A-8-10.6 Cargo theft
(a) A person commits the crime of cargo theft if the person knowingly obtains or exerts unauthorized control over either of the following: (1) A...
- Section 13A-8-10.7 Fifth wheel tampering
(a) A person commits the crime of fifth wheel tampering if the person, with the intent to commit cargo theft does either of the following:...
- 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 owner,...
- 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 unauthorized...
- 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 of...
- 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) Extortion...
- 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 degree....
- 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 been...
- 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 stolen...
- Section 13A-8-18 Receiving stolen property in the second degree
(a) Any of the following constitutes receiving stolen property in the second degree: (1) Receiving stolen property that is between one thousand five hundred dollars...
- Section 13A-8-18.1 Receiving stolen property in the third degree
(a) Receiving stolen property which exceeds five hundred dollars ($500) in value but does not exceed one thousand four hundred and ninety-nine dollars ($1,499) in...
- Section 13A-8-19 Receiving stolen property in the fourth degree
(a) Receiving stolen property which does not exceed five hundred dollars ($500) in value constitutes receiving stolen property in the fourth degree. (b) Receiving stolen...
- 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 he...
- 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 pretense,...
- 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 identification...
- Section 13A-8-22.1 Advertisement for purchase of a salvage or junk branded motor vehicle
(a) A person, as defined in Section 32-8-2, who advertises in a newspaper, on a website, on a public display or sign, or through an...
- 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, tenant-in-common,...
- 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, excluding...
- 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 recycler...
- 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, or...
- 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 shall...
- 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 law...
- 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 recycler...
- 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 ownership...
- 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 capacity...
- 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 theft...
- 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 to...
- 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 to...
- 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 signed...
- 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 by...
- 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 any...
- 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 precedence...
- Article 2 Robbery.
- Article 2A Pharmacy Robbery.
- 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 stores,...
- 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 of...
- 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 parking...
- 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 at...
- 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 by...
- 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 sign,...
- 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 a...
- 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 person...
- 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 designated...
- Article 3B Theft of Consigned Motor Fuels.
- 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 license...
- 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, any...
- 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 selling...
- 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 by...
- 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 the...
- 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 circuit...
- 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 conviction...
- 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 to...
- Article 5 Alabama Computer Crime Act.
- Section 13A-8-100 Short title
Repealed by Act 2012-432, §11, effective August 1, 2012.
- Section 13A-8-101 Definitions
Repealed by Act 2012-432, §11, effective August 1, 2012.
- Section 13A-8-102 Offenses against intellectual property
Repealed by Act 2012-432, §11, effective August 1, 2012.
- Section 13A-8-103 Acts constituting offense against computer equipment or supplies; punishment
Repealed by Act 2012-432, §11, 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 in,...
- 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 altering,...
- 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 defraud,...
- 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 the...
- 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 as...
- 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 warrant...
- 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 any...
- 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 laws.
- 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 subdivision...
- Article 6 Theft of Cable Television Services.
- Article 7 Theft by Fraudulent Leasing or Rental of Property.
- Article 8 Telecommunication Equipment or Plans, Prohibited Possession, Distribution, Use.
- Article 9 Leaving Premises of Gasoline Sales Establishment without Remitting Payment.
- 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 federal,...
- 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 defraud...
- 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 manufactures,...
- 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 another...
- 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 to...
- 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 of...
- 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 documents...
- 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 theft,...
- 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 this...
- 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 as...
- 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 to...
Last modified: May 3, 2021