Code of Alabama
Title 13A - Criminal Code.
Chapter 5 - Punishments and Sentences.

Article 1 - General Provisions.

Section 13A-5-1 - Applicability of Provisions. - (a) Every person convicted of any offense defined in this...

Section 13A-5-2 - Authorized Dispositions. - (a) Every person convicted of a felony shall be sentenced...

Section 13A-5-3 - Classification of Offenses. - (a) Offenses are designated as felonies, misdemeanors or violations. (b)...

Section 13A-5-4 - Designation of Offenses. - (a) The particular classification of each felony defined in this...

Section 13A-5-5 - Presentence Investigation. - There shall be a presentence or postsentence investigation report completed...

Section 13A-5-6 - Sentences of Imprisonment for Felonies. - (a) Sentences for felonies shall be for a definite term...

Section 13A-5-7 - Sentences of Imprisonment for Misdemeanors and Violations. - (a) Sentences for misdemeanors shall be a definite term of...

Section 13A-5-8 - Place of Imprisonment. - The place of imprisonment for sentences imposed in this state...

Section 13A-5-8.1 - Termination From Alternative Programs. - If a defendant is participating in a court supervised evidence-based...

Section 13A-5-9 - Habitual Felony Offenders - Additional Penalties. - (a) In all cases when it is shown that a...

Section 13A-5-9.1 - Retroactive Application of Section 13a-5-9. - Repealed by Act 2014-165, §1, effective March 13, 2014.

Section 13A-5-10 - Habitual Felony Offenders - Proof; Restriction on Imposition of Penalty. - (a) The court may conduct a hearing upon the issue...

Section 13A-5-10.1 - Habitual Felony Offenders - Proof; Certified Copies of Case Action Summary Sheets, Docket Sheets, Etc. - (a) Certified copies of case action summary sheets, docket sheets...

Section 13A-5-11 - Fines for Felonies. - (a) A sentence to pay a fine for a felony...

Section 13A-5-12 - Fines for Misdemeanors and Violations. - (a) A sentence to pay a fine for a misdemeanor...

Section 13A-5-12.1 - Fines for Certain Additional Misdemeanors. - Repealed by Act 2011-680, p. 2004, §2, effective June 14,...

Section 13A-5-13 - Crimes Motivated by Victim's Race, Color, Religion, National Origin, Ethnicity, or Physical or Mental Disability. - (a) The Legislature finds and declares the following: (1) It...

Article 2 - Death Penalty and Life Imprisonment Without Parole.

Section 13A-5-39 - Definitions. - As used in this article, these terms shall be defined...

Section 13A-5-40 - Capital Offenses. - (a) The following are capital offenses: (1) Murder by the...

Section 13A-5-41 - Lesser Included Offenses. - Subject to the provisions of Section 13A-1-9(b), the jury may...

Section 13A-5-42 - Guilty Plea; Burden of Proof Upon State; Waiver; Sentencing. - A defendant who is indicted for a capital offense may...

Section 13A-5-43 - Trial of Capital Offenses; Discharge of Defendant; Lesser Included Offenses; Sentencing. - (a) In the trial of a capital offense the jury...

Section 13A-5-43.1 - Life Imprisonment for Certain Crimes by Persons Under 18 Years of Age. - Notwithstanding any other provision of law, if a defendant is...

Section 13A-5-43.2 - Applicability of Certain Provisions to Persons Under 18 Years of Age. - Act 2016-360 shall apply to any person under the age...

Section 13A-5-44 - Jury Selection and Separation; Waiver by Defendant of Jury Participation in Sentence Hearing. - (a) The selection of the jury for the trial of...

Section 13A-5-45 - Sentence Hearing - Delay; Statements and Arguments; Admissibility of Evidence; Burden of Proof; Mitigating and Aggravating Circumstances. - (a) Upon conviction of a defendant for a capital offense,...

Section 13A-5-46 - Sentence Hearing - Conducted Before Jury Unless Waived; Trial Jury to Sit Unless Impossible or Impracticable; Separation of Jury; Instructions to Jury; Advisory Verdicts; Vote Required; Mistrial; Waiver of Right to Advisory Verdict... - (a) Unless both parties with the consent of the court...

Section 13A-5-47 - Determination of Sentence by Court; Presentation of Arguments on Aggravating and Mitigating Circumstances; Court to Enter Written Findings. - (a) After the sentence hearing has been conducted, and after...

Section 13A-5-47.1 - Application of Provisions Prohibiting Court From Overriding Jury Verdict in Capital Cases. - Sections 13A-5-45, 13A-5-46, and 13A-5-47 shall apply to any defendant...

Section 13A-5-48 - Process of Weighing Aggravating and Mitigating Circumstances Defined. - The process described in Sections 13A-5-46(e)(2), 13A-5- 46(e)(3) and Section...

Section 13A-5-49 - Aggravating Circumstances. - Aggravating circumstances shall be any of the following: (1) The...

Section 13A-5-50 - Consideration of Aggravating Circumstances in Sentence Determination. - The fact that a particular capital offense as defined in...

Section 13A-5-51 - Mitigating Circumstances - Generally. - Mitigating circumstances shall include, but not be limited to. the...

Section 13A-5-52 - Mitigating Circumstances - Inclusion of Defendant's Character, Record, Etc. - In addition to the mitigating circumstances specified in Section 13A-5-51,...

Section 13A-5-53 - Appellate Review of Death Sentence; Scope; Remand; Specific Determinations to Be Made by Court; Authority of Court Following Review. - (a) In any case in which the death penalty is...

Section 13A-5-53.1 - Appeals of Capital Punishment. - (a) Rule 32.2(c) of the Alabama Rules of Criminal Procedure...

Section 13A-5-54 - Appointment of Experienced Counsel for Indigent Defendants. - Each person indicted for an offense punishable under the provisions...

Section 13A-5-55 - Conviction and Sentence of Death Subject to Automatic Review. - In all cases in which a defendant is sentenced to...

Section 13A-5-56 - Supreme Court to Promulgate Indictment Forms, Verdict Forms and Jury Instructions. - The Alabama Supreme Court shall promulgate pattern indictment forms for...

Section 13A-5-57 - Application of Article to Conduct After Effective Date. - (a) This article applies only to conduct occurring after 12:01...

Section 13A-5-58 - Interpretation of Article. - This article shall be interpreted, and if necessary reinterpreted, to...

Section 13A-5-59 - Application of Article Upon Finding of Unconstitutionality. - It is the intent of the Legislature that if the...