(a) The provisions of this title shall govern the construction of and punishment for any offense defined in this title and committed after 12:01 A.M. January 1, 1980, as well as the construction and application of any defense to a prosecution for such an offense.
(b) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside this title and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.
(c) The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to 12:01 A.M. January 1, 1980, or the construction and application of any defense to a prosecution of such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted.
(Acts 1977, No. 607, p. 812, §120.)
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1981–2022 · leading case:
Beck v. State, 396 So. 2d 645 (Ala. 1981).
Beck v. State, 396 So. 2d 645 (Ala. 1981).
“[9] In the event the defendant is found guilty of the capital offense, the sentencing procedures hereinafter outlined shall apply. If the defendant is found guilty of some lesser included offense, the sentencing procedures for non-capital cases, applicable at the time the…”
Key v. State, 890 So. 2d 1043 (Ala. Crim. App. 2002).
· cites it 2× “" The Commentary to § 13A-1-7 notes that "[a]fter the effective date of the Criminal Code, it will control the criminal law, both in the Criminal Code itself and in other provisions that define criminal offenses.”
Minnifield v. State, 941 So. 2d 1000 (Ala. Crim. App. 2005).
“Acts 1980, which codified all of the amendments to the Code enacted during the 1979 session of the Alabama Legislature, specifically noted, as part of the changes to the Criminal Code effected during the 1979 session, the corrections to § 13A-5-1 and § 13A-1-7, changing the…”
Ex parte Coker, 575 So. 2d 43 (Ala. 1991).
“ As to construction and punishment of offenses, see § 13A-1-7. As to punishments and sentences generally, see § 13A-5-1.”
Thigpen v. Smith, 603 F. Supp. 1519 (S.D. Ala. 1985).
· cites it 2× “See, Ala.Code §§ 13A-1-7(c), 13A-1-10 (1975). If the Legislature had not chosen to do so, this case would not be before this Court.”
Jakes v. State, 398 So. 2d 342 (Ala. Crim. App. 1981).
“…As appellant’s arrest occurred on December 26, 1979, it must be governed by the former provision in § 13-6-100. See § 13A-1-7, Code of Alabama 1975.”
Blankenship v. State, 122 So. 3d 828 (Ala. 2013).
· cites it 2× “1984) (noting that in an earlier ease “the actual offense occurred prior to [January 1, 1980,] and [the defendant] was therefore tried under the common law as required by the criminal code ” and citing Ala.Code 1975, § 13A-1-7(e) (emphasis added)).”
Deborah R. Tisdale v. State of Alabama, 386 So. 3d 65 (Ala. Crim. App. 2022).
“" Section 13A-1-7(b) extends that definition outside Title 13A under certain conditions: "Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this 10 CR-21-0174 chapter shall govern the construction of and punishment for any offense…”
Ala. Code § 13A-1-7(a): 1 case
Key v. State, 890 So. 2d 1043 (Ala. Crim. App. 2002).
“" The Commentary to § 13A-1-7 notes that "[a]fter the effective date of the Criminal Code, it will control the criminal law, both in the Criminal Code itself and in other provisions that define criminal offenses.”
Ala. Code § 13A-1-7(b): 1 case
Deborah R. Tisdale v. State of Alabama, 386 So. 3d 65 (Ala. Crim. App. 2022).
“" Section 13A-1-7(b) extends that definition outside Title 13A under certain conditions: "Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this 10 CR-21-0174 chapter shall govern the construction of and punishment for any offense…”
Ala. Code § 13A-1-7(c): 1 case
Thigpen v. Smith, 603 F. Supp. 1519 (S.D. Ala. 1985).
“See, Ala.Code §§ 13A-1-7(c), 13A-1-10 (1975). If the Legislature had not chosen to do so, this case would not be before this Court.”
Ala. Code § 13A-1-7(e): 1 case
Blankenship v. State, 122 So. 3d 828 (Ala. 2013).
“1984) (noting that in an earlier ease “the actual offense occurred prior to [January 1, 1980,] and [the defendant] was therefore tried under the common law as required by the criminal code ” and citing Ala.Code 1975, § 13A-1-7(e) (emphasis added)).”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.