Chapter 6 - OFFENSES INVOLVING DANGER TO THE PERSON, Article 3 - KIDNAPPING, UNLAWFUL IMPRISONMENT AND RELATED OFFENSES, Section 13A-6-43 - Kidnapping in the first degree, Section 13A-6-42 - Unlawful imprisonment in the second degree, Section 13A-6-44 - Kidnapping in the second degree. Alabama Code 13A-6-43 covers Kidnapping in the first degree and states you are guilty if you abduct someone while intending to: hold them for a ransom; hold them hostage; use them as a shield; use them to aid or escape from the commission of a felony; injure them or sexually abuse them; terrorize them; or use them to interfere with a governmental function. (b) A person does not commit the crime of kidnapping in the first degree if he voluntarily releases the victim alive, and not suffering from serious physical injury, in a safe place prior to apprehension. Section 30-5-5. (c) Kidnapping in the first degree is a Class A felony. 20082021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. Investigators believe the deceased woman was Pascual-Reyes girlfriend. You already receive all suggested Justia Opinion Summary Newsletters. The laws describing each particular crime specify the category and class for that offense. Alabama Kidnapping/Abduction Laws - Kidnapping - USLegal first-degree kidnapping, which includes abducting a victim for ransom, as a hostage, or for sexual abuse; and first-degree burglary. Visitation by parent who committed violence. If you're facing felony charges in Alabama, you should speak with a local criminal defense lawyer as soon as possible. Chapter 3B. Alabama Parent-Child Relationship Protection Act. Cullman Police Department Incidents. Title 16. Article 3. A knowledgeable attorney will take all of this into consideration, help you make decisions about your case, and protect your rights throughout the criminal proceedings. 12-15-34 . Section 30-3B-203. Appearance of parties and child. (a) A person commits the crime of kidnapping in the first degree if he abducts another person with intent to (1) Hold him for ransom or reward; or (2) Use him as a shield or hostage; or (3) Accomplish or aid the commission of any felony or flight therefrom; or (4) Inflict physical injury upon him, or to violate or abuse him sexually; or Determination raises rebuttable presumption that custody with perpetrator detrimental to child. The dominating element of the offense of kidnapping is the intent with which the acts enumerated in the statutes are committed.[i]. 30-2-52. Criminal trespass in the second degree, Section 13A-7-4. Alabama laws classify kidnapping into two categories: first degree and second degree. Murder 14 First/second degree murder and attempt, solicitation, or conspiracy to commit murder. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. and the Department of Homeland Security, along with local agencies, are helping to investigate. Jos Paulino Pascual-Reyes, 37, is charged with first-degree kidnapping, three counts of capital murder and two counts of abuse of a corpse. Click to enable/disable essential site cookies. However, this does not shift the burden of proof. However, you should know that court opinions can affect how judges interpret and apply the law, which is another good reason to speak with an attorney if you're concerned about actual or potential criminal charges. Section 13A-6-132. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. The Consumer Identity Protection Act, Section 13A-8-192. However, there are many exceptions to the five-year limit, including no time limit at all for prosecuting a number of serious crimesincluding any felonies involving actual or threatened violence to the victim, arson, forgery, and drug trafficking.
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