Ala. Code
Code of Alabama

Ala. Code § 13A-10-40 (2026)

Bail Jumping in the Second Degree.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) A person commits the crime of bail jumping in the second degree if, having been lawfully released from custody, with or without bail, upon condition that he will subsequently appear at a specified time and place in connection with a charge of his having committed any misdemeanor or Class C felony, he fails to appear at that time and place.

(b) It is a defense to prosecution under this section that the defendant’s failure to appear was unintentional or was unavoidable and due to circumstances beyond his control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability and circumstances beyond his control, is on the defendant.

(c) This section does not apply to a person released from custody on condition that he will appear in connection with a charge of having committed a misdemeanor in violation of Title 32 of this Code.

(d) Bail jumping in the second degree is a Class A misdemeanor.

(Acts 1977, No. 607, p. 812, §4621.)

Notes of Decisions
Cited in 2 cases, 1995–2013 · leading case: Williams v. City of Phenix City, 659 So. 2d 1004 (Ala. Crim. App. 1995).
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Williams v. City of Phenix City, 659 So. 2d 1004 (Ala. Crim. App. 1995). “Williams, was found guilty in the municipal court of Phenix City of criminal trespass in the third degree, a violation of § 13A-7-4, Code of Alabama 1975, and of bail jumping in the second degree, a violation of § 13A-10-40, Code of Alabama. Both are misdemeanor convictions.”
Beecham v. State, 135 So. 3d 988 (Ala. Crim. App. 2013). “” § 13A-10-40, Ala.Code 1975 (commentary). New York’s bail-jumping statute is similar to Alabama’s; the New York statute provides: “A person is guilty of bail jumping in the first degree when by court order he had been released from custody or allowed to remain at liberty,…”
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