The following definitions apply to this Criminal Code:
(1) ACT. A bodily movement, and such term includes possession of property.
(2) VOLUNTARY ACT. An act performed consciously as a result of effort or determination, and such term includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient time to have been able to terminate it.
(3) OMISSION. A failure to perform an act as to which a duty of performance is imposed by law.
(4) CONDUCT. An act or omission and its accompanying mental state.
(5) TO ACT. Either to perform an act or to omit to perform an act.
(6) CULPABLE MENTAL STATE. Such term means “intentionally” or “knowingly” or “recklessly” or with “criminal negligence,” as these terms are defined in Section 13A-2-2.
(Acts 1977, No. 607, p. 812, §301.)
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1991–2021 · leading case:
United States v. Scott, 990 F.3d 94 (2d Cir. 2021).
Ex Parte Coker, 575 So. 2d 43 (Ala. 1991).
“Offenses Involving Danger to the Person, §§ 13A-6-1 through 13A-6-70. 7. Offenses Involving Damage to and Intrusion upon Property, §§ 13A-7-1 through 13A-7-61.”
Burnett v. State, 807 So. 2d 573 (Ala. Crim. App. 1999).
“" "Culpable mental state" is defined in § 13A-2-1(6) as follows: "Such term means `intentionally' or `knowingly' or `recklessly' or with `criminal negligence,' as those terms are defined in Section 13A-2-2.”
Edwards v. State, 816 So. 2d 92 (Ala. Crim. App. 2000).
“" "Culpable mental state" is defined as follows in § 13A-2-1(6): "Such term means `intentionally' or `knowingly' or `recklessly' or with `criminal negligence,' as those terms are defined in Section 13A-2-2.”
Woods v. State, 224 So. 3d 677 (Ala. Crim. App. 2016).
“The question is, what did the Legislature intend when it used these words? The better words probably would have been “same transaction”'or “same act” instead of ‘‘same incident,” but the Legislature probably intended that the words ‘same incident’ be construed to mean the same…”
Thomas v. Myers (N.D. Ala. 2019).
“” See § 13A-2-2(a)(“A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.”
— Ala. Code § 13A-2-1(1) — 1 case
Woods v. State, 224 So. 3d 677 (Ala. Crim. App. 2016).
“The question is, what did the Legislature intend when it used these words? The better words probably would have been “same transaction”'or “same act” instead of ‘‘same incident,” but the Legislature probably intended that the words ‘same incident’ be construed to mean the same…”
— Ala. Code § 13A-2-1(3) — 1 case
— Ala. Code § 13A-2-1(6) — 3 cases
Burnett v. State, 807 So. 2d 573 (Ala. Crim. App. 1999).
“" "Culpable mental state" is defined in § 13A-2-1(6) as follows: "Such term means `intentionally' or `knowingly' or `recklessly' or with `criminal negligence,' as those terms are defined in Section 13A-2-2.”
Edwards v. State, 816 So. 2d 92 (Ala. Crim. App. 2000).
“" "Culpable mental state" is defined as follows in § 13A-2-1(6): "Such term means `intentionally' or `knowingly' or `recklessly' or with `criminal negligence,' as those terms are defined in Section 13A-2-2.”
Thomas v. Myers (N.D. Ala. 2019).
“” See § 13A-2-2(a)(“A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.”
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