Code of Alabama
Ala. Code § 13A-1-8 (2026)
Procedural Matters; Civil Liabilities Not Affected by Title; Prosecution When More Than One Offense.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this title.
(2) This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.
(b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if:
(1) One offense is included in the other, as defined in Section 13A-1-9; or
(2) One offense consists only of a conspiracy or other form of preparation to commit the other; or
(3) Inconsistent findings of fact are required to establish the commission of the offenses; or
(4) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.
(Acts 1977, No. 77-607, p. 812, §125; Acts 1979, No. 79-471, p. 862, §1.)
Notes of Decisions
Cited in 34
cases (4 in the last 5 years), 1985–2025 · leading case: Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007).
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Those sections provide: "`§ 13A-1-8. Procedural matters; civil liabilities not affected by title; prosecution when more than one offense.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “1987), the Alabama Supreme Court observed that the determination of what is the "same offense" for purposes of allowing multiple convictions based on a single act is a question for the Alabama courts to decide in light of Alabama statutes (specifically §§ 13A-1-8 and 15-3-8),…”
Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999). “He may not, however, be convicted of more than one offense if: "(1) One offense is included in the other as defined in § 13A-1-9...." Clearly, under § 13A-1-9, murder is included in the capital offense of murder during a kidnapping.”
Pardue v. State, 571 So. 2d 320 (Ala. Crim. App. 1989). “Ala.Code § 13A-1-8(b); Hurst v. State, 86 Ala.”
Taylor v. State, 666 So. 2d 36 (Ala. Crim. App. 1994). “The appellant's conviction of three counts did not violate Ala.Code 1975, § 13A-1-8(b). See Ex parte Haney, 603 So.”
Sears v. State, 479 So. 2d 1308 (Ala. Crim. App. 1985). “[3] While § 15-3-8 proscribes multiple punishments, § 13A-1-8(b) pertains to multiple prosecutions and convictions.”
Coral v. State, 628 So. 2d 954 (Ala. Crim. App. 1992). “Section § 13A-1-8(b) provides, in part, as follows: "When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “Pursuant to § 13A-1-8(b)(1), Ala.Code 1975: "When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.”
Townes v. State, 253 So. 3d 447 (Ala. Crim. App. 2015). “Townes to two punishments as a result of being convicted of a single criminal charge, in violation of the Double Jeopardy Clause of the Fifth Amendment to the United State Constitution, Article I, § 9 of the Alabama Constitution, and Ala.Code §§ 13A-1-8, 9 (1975)." (Townes's…”
Vason v. State, 574 So. 2d 860 (Ala. Crim. App. 1990). “He may not, however, be convicted of more than one offense if: "(1) One offense is included in the other, as defined in section 13A-1-9; or "(2) One offense consists only of a conspiracy or other form of preparation to commit the other; or "(3) Inconsistent findings of fact are…”
Simmons v. State, 797 So. 2d 1134 (Ala. Crim. App. 2000). “Section 13A-1-8(b), Ala.Code 1975, provides, in part, as follows: "When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.”
Ex Parte State, 528 So. 2d 1159 (Ala. 1988). “However, our evaluation of the wisdom of the legislature's action can have no bearing on the construction to be given statutes where the legislature clearly speaks.”
— Ala. Code § 13A-1-8(a)(2) — 1 case
Money v. State, 717 So. 2d 38 (Ala. Crim. App. 1997).
— Ala. Code § 13A-1-8(b) — 21 cases
Brooks v. State, 973 So. 2d 380 (Ala. Crim. App. 2007). “Those sections provide: "`§ 13A-1-8. Procedural matters; civil liabilities not affected by title; prosecution when more than one offense.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “1987), the Alabama Supreme Court observed that the determination of what is the "same offense" for purposes of allowing multiple convictions based on a single act is a question for the Alabama courts to decide in light of Alabama statutes (specifically §§ 13A-1-8 and 15-3-8),…”
Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999). “He may not, however, be convicted of more than one offense if: "(1) One offense is included in the other as defined in § 13A-1-9...." Clearly, under § 13A-1-9, murder is included in the capital offense of murder during a kidnapping.”
Taylor v. State, 666 So. 2d 36 (Ala. Crim. App. 1994). “The appellant's conviction of three counts did not violate Ala.Code 1975, § 13A-1-8(b). See Ex parte Haney, 603 So.”
Sears v. State, 479 So. 2d 1308 (Ala. Crim. App. 1985). “[3] While § 15-3-8 proscribes multiple punishments, § 13A-1-8(b) pertains to multiple prosecutions and convictions.”
— Ala. Code § 13A-1-8(b)(1) — 12 cases
Pardue v. State, 571 So. 2d 320 (Ala. Crim. App. 1989). “Ala.Code § 13A-1-8(b); Hurst v. State, 86 Ala.”
Smith v. State, 838 So. 2d 413 (Ala. Crim. App. 2002). “Pursuant to § 13A-1-8(b)(1), Ala.Code 1975: "When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense.”
Lewis v. State, 57 So. 3d 807 (Ala. Crim. App. 2009).
Hutcherson v. State, 243 So. 3d 855 (Ala. Crim. App. 2017).
Stoves v. State, 238 So. 3d 681 (Ala. Crim. App. 2017).
— Ala. Code § 13A-1-8(b)(2) — 3 cases
Miller v. State, 264 So. 3d 907 (Ala. Crim. App. 2017).
Corey Ramon Davis v. State of Alabama (Appeal from Marengo Circuit Court: CC-09-102) (Ala. Crim. App. 2025).
Miller v. State, 264 So. 3d 907 (Ala. Crim. App. 2017).
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