Section 13A-6-130 Domestic violence – First degree. (a)(1) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim […]
Section 13A-6-131 Domestic violence – Second degree. (a)(1) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the […]
Section 13A-6-132 Domestic violence – Third degree. (a)(1) A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the crime of menacing pursuant to Section 13A-6-23; the crime of reckless endangerment pursuant to Section 13A-6-24; the crime of criminal coercion […]
Section 13A-6-133 Arrest without warrant – Generally. For the purposes of an arrest without a warrant pursuant to Section 15-10-3, the crimes of domestic violence in the first, second, and third degrees, and domestic violence by strangulation or suffocation shall be an offense involving domestic violence. A warrantless arrest for an offense involving domestic violence […]
Section 13A-6-134 Arrest without warrant – Determination of predominant aggressor; notice requirements; liability of officer. (a) If a law enforcement officer receives complaints of domestic violence from two or more opposing persons, or if both parties have injuries, the officer shall evaluate each complaint separately to determine who was the predominant aggressor. If the officer […]
Section 13A-6-135 Relation to abuse laws. For the purposes of Chapter 5 of Title 30, the crimes of domestic violence in the first, second, and third degrees shall be included as acts, attempts, or threats of abuse as defined pursuant to Section 30-5-2. (Act 2000-266, p. 411, §6.)
Section 13A-6-136 Relation to domestic or family abuse laws. For the purposes of Article 6, Chapter 3 of Title 30, the definition of “domestic or family abuse” includes an incident of domestic violence in the first, second, or third degrees pursuant to this article. (Act 2000-266, p. 411, §7.)
Section 13A-6-137 Interference with a domestic violence emergency call. (a) A person commits the crime of interference with a domestic violence emergency call if he or she intentionally hinders, obstructs, disconnects, or in any way prevents the victim from calling for assistance. (b) Interference with a domestic violence emergency call is a Class B misdemeanor. […]
Section 13A-6-138 Domestic violence by strangulation or suffocation. (a) For the purposes of this section, the following terms have the following meanings: (1) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck. (2) SUFFOCATION. Intentionally causing asphyxia […]
Section 13A-6-139 Costs of prosecution or warrant recall of domestic violence, stalking, or sexual assault offenses. Notwithstanding any other provision of law, no court costs shall be assessed against any victim of domestic violence, stalking, or sexual assault in connection with the prosecution or warrant recall of a domestic violence, stalking, or sexual assault offense. […]
Section 13A-6-139.1 Definitions. Repealed by Act 2019-252, §2, effective May 23, 2019. (Act 2015-493, §1.)
Section 13A-6-139.2 Recordkeeping. Each agency in the state that is involved with the enforcement, monitoring, or prosecution of crimes of domestic violence shall collect and maintain records of each domestic violence incident for access by investigators preparing for bond hearings and prosecutions for acts of domestic violence. (Act 2015-493, §3.)
