Code of Alabama

Ala. Code § 13A-1-2 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026

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Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:

(1) BOOBY TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.

(2) BURDEN OF INJECTING THE ISSUE. The term means that the defendant must offer some competent evidence relating to all matters subject to the burden, except that the defendant may rely upon evidence presented by the prosecution in meeting the burden.

(3) CLANDESTINE LABORATORY OPERATION. Any of the following:

a. Purchase or procurement of chemicals, supplies, equipment, or laboratory location for the unlawful manufacture of controlled substances.

b. Transportation or arranging for the transportation of chemicals, supplies, or equipment for the unlawful manufacture of controlled substances.

c. Setting up of equipment or supplies in preparation for the unlawful manufacture of controlled substances.

d. Distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the unlawful manufacture of controlled substances.

(4) CRIME. A misdemeanor or a felony.

(5) DANGEROUS INSTRUMENT. Any instrument, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is highly capable of causing death or serious physical injury. The term includes a “vehicle,” as that term is defined in subdivision (15).

(6) DEADLY PHYSICAL FORCE. Physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

(7) DEADLY WEAPON. A firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any billy, black-jack, bludgeon, or metal knuckles.

(8) FELONY. An offense for which a sentence to a term of imprisonment in excess of one year is authorized by this title.

(9) MISDEMEANOR. An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed.

(10) OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.

(11) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.

(12) PHYSICAL INJURY. Impairment of physical condition or substantial pain.

(13) POSSESS. To have physical possession or otherwise to exercise dominion or control over tangible property.

(14) SERIOUS PHYSICAL INJURY. Physical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ; or a penetrating gunshot wound inflicted by a firearm as defined in Section 13A-8-1.

(15) VEHICLE. Any “propelled vehicle,” as defined in subdivision (9) of Section 13A-8-1. The term includes any propelled device by which any person or property is transported on land, water, or in the air, and includes motor vehicles, motorcycles, motorboats, and aircraft, and any vessel, whether propelled by machinery or not.

(16) VIOLATION. An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.

(Acts 1977, No. 607, p. 812, §130; Acts 1978, No. 770, p. 1110; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2022-401, §1.)

Notes of Decisions

Cited in 128 cases (13 in the last 5 years), 1981–2025 · leading case: Henderson v. State, 248 So. 3d 992 (Ala. Crim. App. 2017).

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Henderson v. State, 248 So. 3d 992 (Ala. Crim. App. 2017). · cites it 16× “On appeal, this Court affirmed, and thoroughly explained its analysis: "The Commentary to § 13A-1-2, Ala. Code 1975, provides, in pertinent part: " 'Many objects are not deadly per se and ordinarily have lawful functions and uses, but .”

Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996). · cites it 22× “Commentary, Ala.Code 1975, § 13A-1-2. It appears that our definition of "dangerous instrument" was adopted from the New York statute.”

Franklin v. State, 23 So. 3d 694 (Ala. Crim. App. 2008). · cites it 16× “, requires that an argument contain "the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on.”

Thompson v. State, 525 So. 2d 820 (Ala. 1985). · cites it 7× “) An "offense" is defined in Code 1975, § 13A-1-2(1), as follows: "OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this…”

Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007). · cites it 4× “1997) (“[W]e do not believe that the [Supreme] Court intended that its narrow ruling in Cobb — that the use of fists or other body parts cannot constitute the use of a deadly weapon or dangerous instrument — to be construed to mean that a tire tool, or other similar instrument,…”

Harris v. State, 873 So. 2d 1171 (Ala. Crim. App. 2003). · cites it 15× “) The Commentary to § 13A-1-2, Ala.Code 1975, provides, in pertinent part: "Many objects are not deadly per se and ordinarily have lawful functions and uses, but .”

Tulley v. City of Jacksonville, 199 So. 3d 812 (Ala. 2015). · cites it 17× “’ “Again, to constitute an ‘offense’ under § 13A-1-2 there must be ‘conduct for which a sentence .”

Vo v. State, 612 So. 2d 1323 (Ala. Crim. App. 1992). · cites it 7× “" § 13A-1-2(8), Code of Alabama 1975. The victim's injury in this case was a "physical injury" as defined by this statute.”

Herndon v. State, 563 So. 2d 1065 (Ala. 1990). · cites it 7× “In an effort to balance the needs for enforcement with the demands for appropriate penalties, § 13A-8-41 makes possession of an object reasonably believed to be a `deadly weapon' or `dangerous instrument,' as defined in § 13A-1-2, or a representation by the defendant that he has…”

Grider v. State, 766 So. 2d 189 (Ala. Crim. App. 1999). · cites it 9× “" The commentary to § 13A-1-2, Ala. Code 1975, states: "Many objects are not deadly per se and ordinarily have lawful functions and uses, but under subdivision (12) such object may constitute a `dangerous instrument' because it was used, or attempted to be used, in a manner…”

Elmer J. Bailey v. State of Indiana, 979 N.E.2d 133 (Ind. 2012). “, Ala.Code § 13A-1-2(12) (2005) (“Physical Injury.”

Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988). · cites it 3× “" This statute requires only the intent to commit a crime and a crime as defined under § 13A-1-2, Code of Alabama 1975, is either a misdemeanor or a felony.”

Show all 128 citing cases →

— Ala. Code § 13A-1-2(1) — 5 cases

Thompson v. State, 525 So. 2d 820 (Ala. 1985). “) An "offense" is defined in Code 1975, § 13A-1-2(1), as follows: "OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this…”

L.S. v. A.S., 272 So. 3d 169 (Ala. Civ. App. 2018).

Bruno v. Dir., Dept. of Pub. Saf., 673 So. 2d 445 (Ala. Civ. App. 1995).

L.S. v. A.S., 272 So. 3d 169 (Ala. Civ. App. 2018).

Jacob Shook v. Erica Shook (Ala. Civ. App. 2023).

— Ala. Code § 13A-1-2(10) — 5 cases

Tulley v. City of Jacksonville, 199 So. 3d 812 (Ala. 2015). “’ “Again, to constitute an ‘offense’ under § 13A-1-2 there must be ‘conduct for which a sentence .”

Boyd v. State, 699 So. 2d 967 (Ala. Crim. App. 1997).

Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014).

S.F.R. v. State, 598 So. 2d 1006 (Ala. 1992).

Ex Parte SFR, 598 So. 2d 1006 (Ala. 1992).

— Ala. Code § 13A-1-2(11) — 26 cases

Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996). “Commentary, Ala.Code 1975, § 13A-1-2. It appears that our definition of "dangerous instrument" was adopted from the New York statute.”

Herndon v. State, 563 So. 2d 1065 (Ala. 1990). “In an effort to balance the needs for enforcement with the demands for appropriate penalties, § 13A-8-41 makes possession of an object reasonably believed to be a `deadly weapon' or `dangerous instrument,' as defined in § 13A-1-2, or a representation by the defendant that he has…”

Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007). “1997) (“[W]e do not believe that the [Supreme] Court intended that its narrow ruling in Cobb — that the use of fists or other body parts cannot constitute the use of a deadly weapon or dangerous instrument — to be construed to mean that a tire tool, or other similar instrument,…”

Robertson v. State, 163 S.W.3d 730 (Tex. Crim. App. 2005).

Dothan City Bd. of Educ. v. V.M.H., 660 So. 2d 1328 (Ala. Civ. App. 1995).

— Ala. Code § 13A-1-2(12) — 23 cases

Ex Parte Cobb, 703 So. 2d 871 (Ala. 1996). “Commentary, Ala.Code 1975, § 13A-1-2. It appears that our definition of "dangerous instrument" was adopted from the New York statute.”

Elmer J. Bailey v. State of Indiana, 979 N.E.2d 133 (Ind. 2012). “, Ala.Code § 13A-1-2(12) (2005) (“Physical Injury.”

Nelson v. State, 462 So. 2d 962 (Ala. Crim. App. 1985).

Ruffino v. City of Hoover, 891 F. Supp. 2d 1247 (N.D. Ala. 2012).

United States v. Benito Castro, 71 F.4th 735 (9th Cir. 2023).

— Ala. Code § 13A-1-2(13) — 2 cases

Ward v. State, 994 So. 2d 293 (Ala. Crim. App. 2007).

Williams v. State, 55 So. 3d 366 (Ala. Crim. App. 2010).

— Ala. Code § 13A-1-2(14) — 19 cases

Franklin v. State, 23 So. 3d 694 (Ala. Crim. App. 2008). “, requires that an argument contain "the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on.”

Parris v. State, 885 So. 2d 813 (Ala. Crim. App. 2003).

Hinkle v. State, 67 So. 3d 161 (Ala. Crim. App. 2010).

Bigham v. State, 23 So. 3d 1174 (Ala. Crim. App. 2009).

Graham v. State, 210 So. 3d 1148 (Ala. Crim. App. 2016).

— Ala. Code § 13A-1-2(15) — 1 case

Henderson v. State, 248 So. 3d 992 (Ala. Crim. App. 2017). “On appeal, this Court affirmed, and thoroughly explained its analysis: "The Commentary to § 13A-1-2, Ala. Code 1975, provides, in pertinent part: " 'Many objects are not deadly per se and ordinarily have lawful functions and uses, but .”

— Ala. Code § 13A-1-2(16) — 2 cases

Collar v. Austin, 86 F. Supp. 3d 1294 (S.D. Ala. 2015).

McKinnon v. State, 883 So. 2d 253 (Ala. Crim. App. 2003).

— Ala. Code § 13A-1-2(2) — 6 cases

L.S. v. A.S., 272 So. 3d 169 (Ala. Civ. App. 2018).

C.J. v. State, 552 So. 2d 182 (Ala. Crim. App. 1989).

CJ v. State, 552 So. 2d 182 (Ala. Crim. App. 1989).

MTR v. State, 620 So. 2d 753 (Ala. Crim. App. 1993).

L.S. v. A.S., 272 So. 3d 169 (Ala. Civ. App. 2018).

— Ala. Code § 13A-1-2(3) — 5 cases

Webb v. State, 539 So. 2d 343 (Ala. Crim. App. 1988).

Buchanan v. Merger Enter., Inc., 463 So. 2d 121 (Ala. 1984).

Ex Parte State, 493 So. 2d 995 (Ala. 1986).

O'callaghan v. State, 945 So. 2d 467 (Ala. Crim. App. 2006).

State v. Adams, 592 So. 2d 641 (Ala. 1991).

— Ala. Code § 13A-1-2(4) — 14 cases

Cushing v. State, 455 So. 2d 119 (Ala. Crim. App. 1984).

Thompson v. State, 525 So. 2d 816 (Ala. Crim. App. 1986).

Ginn v. State, 894 So. 2d 793 (Ala. Crim. App. 2004).

Esters v. State, 480 So. 2d 615 (Ala. Crim. App. 1985).

— Ala. Code § 13A-1-2(5) — 10 cases

Long v. Slaton, 508 F.3d 576 (11th Cir. 2007).

Minshew v. State, 542 So. 2d 307 (Ala. Crim. App. 1988). “" This statute requires only the intent to commit a crime and a crime as defined under § 13A-1-2, Code of Alabama 1975, is either a misdemeanor or a felony.”

Ware v. State, 181 So. 3d 409 (Ala. 2014).

L.S. v. A.S., 272 So. 3d 169 (Ala. Civ. App. 2018).

— Ala. Code § 13A-1-2(6) — 1 case

Escambia Cnty. Bd. of Educ. v. Lambert, 255 So. 3d 198 (Ala. Civ. App. 2016).

— Ala. Code § 13A-1-2(7) — 9 cases

Harris v. State, 873 So. 2d 1171 (Ala. Crim. App. 2003). “) The Commentary to § 13A-1-2, Ala.Code 1975, provides, in pertinent part: "Many objects are not deadly per se and ordinarily have lawful functions and uses, but .”

Ware v. State, 181 So. 3d 409 (Ala. 2014).

Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009).

— Ala. Code § 13A-1-2(8) — 15 cases

J.F.S. v. Mobile Cnty. Dep't of Human Resources, 38 So. 3d 75 (Ala. Civ. App. 2009).

Anderson v. State, 686 So. 2d 378 (Ala. Crim. App. 1994).

Vo v. State, 612 So. 2d 1323 (Ala. Crim. App. 1992). “" § 13A-1-2(8), Code of Alabama 1975. The victim's injury in this case was a "physical injury" as defined by this statute.”

Jones v. State, 23 A.3d 880 (Md. 2011).

Cowan v. State, 540 So. 2d 99 (Ala. Crim. App. 1989).

— Ala. Code § 13A-1-2(9) — 21 cases

Vo v. State, 612 So. 2d 1323 (Ala. Crim. App. 1992). “" § 13A-1-2(8), Code of Alabama 1975. The victim's injury in this case was a "physical injury" as defined by this statute.”

Anderson v. State, 686 So. 2d 378 (Ala. Crim. App. 1994).

Wilson v. State, 695 So. 2d 195 (Ala. Crim. App. 1996).

Grider v. State, 766 So. 2d 189 (Ala. Crim. App. 1999). “" The commentary to § 13A-1-2, Ala. Code 1975, states: "Many objects are not deadly per se and ordinarily have lawful functions and uses, but under subdivision (12) such object may constitute a `dangerous instrument' because it was used, or attempted to be used, in a manner…”

Nelson v. State, 462 So. 2d 962 (Ala. Crim. App. 1985).

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