Chapter 1 - Forgery And Fraudulent Practices
- Article 1 Forgery and Related Offenses.
- Section 13A-9-1 Definitions
The following definitions are applicable in this article unless the context otherwise requires: (1) WRITTEN INSTRUMENT. Such term means: a. Any paper, document or ...
- Section 13A-9-2 Forgery in the first degree
(a) A person commits the crime of forgery in the first degree if, with intent to defraud, he falsely makes, completes or alters a ...
- Section 13A-9-3 Forgery in the second degree
(a) A person commits the crime of forgery in the second degree if, with intent to defraud, he falsely makes, completes or alters a ...
- Section 13A-9-4 Forgery in the third degree
(a) A person commits the crime of forgery in the third degree if, with intent to defraud, he falsely makes, completes or alters a ...
- Section 13A-9-5 Criminal possession of forged instrument in the first degree
(a) A person commits the crime of criminal possession of a forged instrument in the first degree if he possesses or utters any forged ...
- Section 13A-9-6 Criminal possession of forged instrument in the second degree
(a) A person commits the crime of criminal possession of a forged instrument in the second degree if he possesses or utters any forged ...
- Section 13A-9-7 Criminal possession of forged instrument in the third degree
(a) A person commits the crime of criminal possession of a forged instrument in the third degree if he possesses or utters a forged ...
- Section 13A-9-8 Limitation on criminal liability for forgery and criminal possession of forged instrument
A person may not be punished for both the offense of forgery and the offense of criminal possession of a forged instrument with respect ...
- Section 13A-9-9 Criminal possession of forgery device
(a) A person commits the crime of criminal possession of a forgery device if he makes or possesses with knowledge of its character any ...
- Section 13A-9-10 Criminal simulation
(a) A person commits the crime of criminal simulation if: (1) He makes or alters any object, with intent to defraud, so that it ...
- Section 13A-9-11 Obtaining signature by deception
(a) A person commits the crime of obtaining a signature by deception if with intent to defraud or to acquire a substantial benefit for ...
- Section 13A-9-12 Offering false instrument for recording
(a) A person commits the crime of offering a false instrument for recording if, knowing that a written instrument relating to or affecting real ...
- Section 13A-9-13.1 Negotiating worthless negotiable instrument - Generally
(a) A person commits the crime of negotiating a worthless negotiable instrument if the person negotiates or delivers a negotiable instrument for a thing ...
- Section 13A-9-13.2 Negotiating worthless negotiable instrument - Notice of refusal of payment upon instrument
For purposes of Section 13A-9-13.1: (1) Notice mailed by certified or registered mail, evidenced by return receipt, to the address printed on the instrument ...
- Section 13A-9-13.3 Negotiating worthless negotiable instrument - Prima facie evidence of identity
(a) In any prosecution or action under the provisions of Section 13A-9-13.1, a negotiable instrument for which the information required in subsections (b) and ...
- Section 13A-9-14 Illegal possession or fraudulent use of credit card or debit card
(a) A person commits the crime of illegal possession of a credit or debit card if, knowing that he or she does not have ...
- Section 13A-9-14.1 Fraud by persons authorized to provide goods and services; definitions
(a) Definitions. - For purposes of this section, the following terms shall have the meanings ascribed by this subsection: (1) ACQUIRER. A business organization ...
- Section 13A-9-15 Reporting of credit card lost, stolen or mislaid
(a) Any person who reports or attempts to report a credit card as being lost, stolen or mislaid knowing the report to be false ...
- Section 13A-9-16 Unlawfully using slugs - Definitions
The following definitions apply to Section 13A-9-17: (1) COIN MACHINE. A coin box, turnstile, vending machine or other mechanical or electronic device or receptacle ...
- Section 13A-9-17 Unlawfully using slugs - Prohibition
(a) A person commits the crime of unlawfully using slugs if: (1) With intent to defraud the supplier, or another person, of property or ...
- Section 13A-9-18 Criminal impersonation
(a) A person commits the crime of criminal impersonation if he: (1) Assumes a false identity and does an act in his assumed character ...
- Section 13A-9-18.1 Giving of false name or address to a law enforcement officer
(a) A person commits the crime of giving a false name or address to a law enforcement officer if the person gives a false ...
- Section 13A-9-19 Change bills - Emitting as money
Any officer or agent of any private corporation or association or any other person who makes, emits, signs or countersigns, or causes or procures ...
- Section 13A-9-20 Change bills - Circulating
Any person who passes or circulates in this state any paper issued without authority of law to answer the purpose of money shall, on ...
- Section 13A-9-21 Submitting of false or fraudulent application for certificate of qualification or license to practice medicine
(a) A person commits the crime of submitting a false or fraudulent application for a certificate of qualification or license to practice medicine if: ...
- Article 2 Business Frauds.
- Section 13A-9-40 Definitions
(a) The definitions contained in Sections 13A-8-1 and 13A-9-1 are applicable in this chapter unless the context otherwise requires. (b) "Services" is defined as ...
- Section 13A-9-41 Deceptive business practices
(a) A person commits the crime of deceptive business practices if in the course of engaging in a business, occupation, or profession, he: (1) ...
- Section 13A-9-42 False advertising
(a) A person commits the crime of false advertising if, in connection with the promotion of a sale, transfer, consumption or use of property ...
- Section 13A-9-43 Bait advertising
(a) A person commits the crime of bait advertising if in any manner, including advertising or other means of communication to the public or ...
- Section 13A-9-44 Limitation on criminal liability for false advertising and bait advertising by broadcasters, publishers, etc
A television or radio broadcasting station, or a publisher or printer of a newspaper, magazine or other form of printed advertising, which broadcasts, publishes ...
- Section 13A-9-45 Falsifying business records
(a) A person commits the crime of falsifying business records if, with intent to defraud, he: (1) Makes or causes a false entry in ...
- Section 13A-9-46 Defrauding secured creditors
(a) A person commits the crime of defrauding secured creditors if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to ...
- Section 13A-9-47 Defrauding judgment creditors
(a) A person commits the crime of defrauding judgment creditors if he: (1) With fraudulent intent removes property subject to execution from a county ...
- Section 13A-9-48 Fraud in insolvency
(a) A person commits the crime of fraud in insolvency if, with the intent to defraud a creditor and with knowledge or reason to ...
- Section 13A-9-49 Issuing false financial statement
(a) A person commits the crime of issuing a false financial statement if, with intent to defraud, he: (1) Knowingly makes or utters a ...
- Section 13A-9-50 Receiving deposits in failing financial institution
(a) A person commits the crime of receiving deposits in a failing financial institution, if, as an officer, manager or other person participating in ...
- Section 13A-9-51 Misapplication of property
(a) A person commits the crime of misapplication of property if, with knowledge that he is misapplying and that the misapplication involves substantial risk ...
- Section 13A-9-52 Sale and delivery of coal mixed with other substances or materials or with different quality of coal
(a) Any person who knowingly sells and delivers any coal which has been mixed or loaded in the delivery container together with any substance ...
- Article 3 Charitable Fraud.
- Section 13A-9-70 Definitions
The following words and phrases as used in this article shall have the following meanings unless a different meaning is required by the context: ...
- Section 13A-9-71 Registration of charitable organizations, professional fund raisers and commercial co-venturers, and professional solicitors; notification of changes; exempt persons; annual report; prohibition against fund raising by unregistered person; contracts between professional fund raisers and commercial co-venturers; appointment of Secretary of State as agent for service of process; use of name of charitable organization without consent; disclosure by solicitors; violations and penalties; injunctive relief
(a) Every charitable organization, except those granted an exemption in subsection (f), which is physically located in this state, intends to solicit contributions in ...
- Section 13A-9-72 Theft of property by charitable fraud
A professional fund raiser or solicitor who commits both of the following acts shall be guilty of theft of property by charitable fraud: (1) ...
- Section 13A-9-73 Charitable fraud in the first degree
(a) Theft of property by charitable fraud which exceeds two thousand five hundred dollars ($2,500) in value constitutes theft of property by charitable fraud ...
- Section 13A-9-74 Charitable fraud in the second degree
(a) Theft of property by charitable fraud which exceeds five hundred dollars ($500) in value but does not exceed two thousand five hundred dollars ...
- Section 13A-9-75 Charitable fraud in the third degree
(a) Theft of property by charitable fraud which does not exceed five hundred dollars ($500) in value constitutes theft of property by charitable fraud ...
- Section 13A-9-76 Enforcement of provisions by injunction, cancellation of registration, etc.; civil penalties
(a) In addition to any other remedy under this article, the Attorney General of the State of Alabama, the district attorneys of the respective ...
- Article 3A Unlawful Charitable Solicitation.
- Section 13A-9-80 Definitions
The following words and phrases used in this article shall have the following meanings unless a different meaning is required by the context: (1) ...
- Section 13A-9-81 Charitable organizations and other persons required to place disclosure labels on containers used for soliciting funds
Any container used by any person, nonprofit corporation, or charitable organization, or an agent of any of these, whether paid or not paid, in ...
- Section 13A-9-82 Person or organization who knowingly violates article is guilty of crime
Any person or organization who knowingly violates this article shall be guilty of unlawful charitable solicitation. Unlawful charitable solicitation is a Class C misdemeanor ...
- Section 13A-9-83 When disclosure label not required
No charitable organization shall be liable under this article to place a disclosure label on any container that generates less than one hundred dollars ...
- Section 13A-9-84 Construction with other law
This article shall be construed together with any law relating to charitable fraud or fraudulent practices, except in the event of a direct conflict ...
- Article 4 Illegal Possession of Food Stamps.
- Section 13A-9-90 Definitions
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly ...
- Section 13A-9-91 Illegal possession of food stamps in the first, second and third degree
(a) A person commits the crime of illegal possession of food stamps if: (1) He or she knowingly uses, transfers, acquires, alters, or possesses ...
- Section 13A-9-92 Revocation of liquor license for illegal possession of food stamps
Any person, licensed to engage in alcoholic beverage transactions in this state pursuant to the Alcoholic Beverage Licensing Code, Chapter 3A of Title 28, ...
- Article 5 HOME REPAIR FRAUD.
- Section 13A-9-110 Definitions
As used in this article, unless the context clearly requires otherwise, the following words and terms shall have the following meanings: (1) HOME REPAIR. ...
- Section 13A-9-111 Elements of the offense
A person commits the offense of home repair fraud when the person intentionally and knowingly does any of the following: (1) Enters into an ...
- Section 13A-9-112 Determination of intent and knowledge
Intent and knowledge of a person alleged to have committed home repair fraud shall be determined by an evaluation of all circumstances surrounding a ...
- Section 13A-9-113 Substantial performance
Substantial performance of a home repair contract may be used as a mitigating circumstance and may be raised as a defense by a person ...
- Section 13A-9-114 Penalties
Violations of this article shall be punished as follows: (1) A first conviction shall be a Class A misdemeanor. (2) A second or subsequent ...
- Section 13A-9-115 Restitution
In addition to any other sentence the court may impose pursuant to Section 13A-9-114, the court shall order the defendant to make restitution to ...
