Code of Alabama
Ala. Code § 13A-5-6 (2026)
Sentences of Imprisonment for Felonies.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:
(1) For a Class A felony, for life or not more than 99 years or less than 10 years.
(2) For a Class B felony, not more than 20 years or less than two years.
(3) For a Class C felony, not more than 10 years or less than one year and one day.
(4) For a Class D felony, not more than five years or less than one year and one day.
(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony sex offense involving a child as defined in Section 15-20A-4, not less than 20 years.
(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4, not less than 10 years.
(b) The actual time of release within the limitations established by subsection (a) shall be determined under procedures established elsewhere by law.
(c) In addition to any penalties otherwise provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20A-19, or where an offender is convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant’s release from incarceration.
(d) In addition to any penalties otherwise provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.
(Acts 1977, No. 607, p. 812, §1225; Acts 1981, No. 81-840, p. 1505; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2011-555, p. 1037, §1; Act 2015-185, p. 476, §2; Act 2015-463, p. 1506, §1; Act 2019-465, §1; Act 2023-461, §1.)
Notes of Decisions
Cited in 292
cases (35 in the last 5 years), 1981–2026 · leading case: Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009).
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Code 1975, was added by an amendment to § 13A-5-6 in 1981. In amending this statute, the legislature wrote that its purpose was "[t]o amend Section 13A-5-6, Code of Alabama 1975, relating to sentences of imprisonment for felonies, so as to set the penalty for using or attempting…”
Ex Parte McCree, 554 So. 2d 336 (Ala. 1988). “" We granted the petition to review the decision of the Court of Criminal Appeals regarding the issue of the propriety of sentencing McCree pursuant to Ala.Code 1975, § 13A-5-6 (specifically, § 13A-5-6(a)(5), which, along with subsection *339 (a)(4), was added by amendment in…”
Lane v. State, 66 So. 3d 824 (Ala. 2010). “In finding that Smith’s sentence exceeded the 10-year maximum provided by the statute, the court construed the language “not less than 10 years” to mean that 10 years was both the minimum and the maximum sentence under § 13A-5-6. “ ‘A criminal statute must be definite and…”
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016). “Ala. Code §§ 13A-5-6(a)(2), 13 A — 12—211 (d).”
Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). “We must read § 13A-5-9(a)(3), in conjunction with § 13A-5-6, Ala.Code 1975. Accordingly, the only sentences available for Lane were either 99 years’ imprisonment or life; the 120-year sentence imposed by the circuit court exceeded the statutory maximum.”
Hall v. Thomas, 611 F.3d 1259 (11th Cir. 2010). “See Ala.Code §§ 13A-5-6(a)(1); 13A-8-41(c). For second-degree kidnaping, Alabama law authorizes a sentence of not more than 20 years and not less than 2 years.”
Doe v. Marshall, 367 F. Supp. 3d 1310 (M.D. Ala. 2019). “§§ 13A-5-6(a)(1), 13A-5-9(b). *1322 B. The Plaintiffs In 1992 and 1993, John Doe 1 pleaded guilty to two Wisconsin misdemeanor charges after he exposed his genitals in public.”
Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007). “2003), this Court decided whether a “cinder block” that had been thrown into a moving vehicle could be a “deadly weapon” as set out in § 13A-5-6, Ala.Code 1975. We stated: “In Harris [v.”
Harris v. State, 873 So. 2d 1171 (Ala. Crim. App. 2003). “2d at 548 , we noted: "To assist us in determining whether a glass soft drink bottle may be classified as a `deadly weapon' for purposes of applying § 13A-5-6(a)(4), we look to the Alabama Supreme Court, which recently stated in Ex parte Cobb, 703 So.”
Railey v. State, 710 So. 2d 477 (Ala. Crim. App. 1997). “In other words, reading § 13A-5-6 as a whole, we must construe subsection (a)(5) to mean that convictions for those underlying felonies that are committed without the intentional use of a weapon do not fall within the category of convictions that invoke the enhancement provision…”
Smith v. State, 447 So. 2d 1334 (Ala. 1984). “He was sentenced to 45 years of imprisonment pursuant to Code 1975, § 13A-5-6(a): “(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: “(1) For a Class A felony, for life or not more…”
Hale v. State, 848 So. 2d 224 (Ala. 2002). “Code 1975, and proved one prior felony conviction; Hale did not preserve any valid objection.”
— Ala. Code § 13A-5-6(1) — 1 case
Wilson v. State, 830 So. 2d 765 (Ala. Crim. App. 2001).
— Ala. Code § 13A-5-6(4) — 4 cases
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Code 1975, was added by an amendment to § 13A-5-6 in 1981. In amending this statute, the legislature wrote that its purpose was "[t]o amend Section 13A-5-6, Code of Alabama 1975, relating to sentences of imprisonment for felonies, so as to set the penalty for using or attempting…”
Banks v. State, 51 So. 3d 386 (Ala. Crim. App. 2010).
Murray v. State, 176 So. 3d 830 (Ala. 2015).
Ricky Russell Marshall v. State of Alabama., 89 So. 3d 195 (Ala. Crim. App. 2011).
— Ala. Code § 13A-5-6(a) — 10 cases
Smith v. State, 447 So. 2d 1334 (Ala. 1984). “He was sentenced to 45 years of imprisonment pursuant to Code 1975, § 13A-5-6(a): “(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: “(1) For a Class A felony, for life or not more…”
Ex Parte McCree, 554 So. 2d 336 (Ala. 1988). “" We granted the petition to review the decision of the Court of Criminal Appeals regarding the issue of the propriety of sentencing McCree pursuant to Ala.Code 1975, § 13A-5-6 (specifically, § 13A-5-6(a)(5), which, along with subsection *339 (a)(4), was added by amendment in…”
Lane v. State, 66 So. 3d 824 (Ala. 2010). “In finding that Smith’s sentence exceeded the 10-year maximum provided by the statute, the court construed the language “not less than 10 years” to mean that 10 years was both the minimum and the maximum sentence under § 13A-5-6. “ ‘A criminal statute must be definite and…”
Ragland v. State, 40 So. 3d 763 (Ala. Crim. App. 2009).
Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). “We must read § 13A-5-9(a)(3), in conjunction with § 13A-5-6, Ala.Code 1975. Accordingly, the only sentences available for Lane were either 99 years’ imprisonment or life; the 120-year sentence imposed by the circuit court exceeded the statutory maximum.”
— Ala. Code § 13A-5-6(a)(1) — 32 cases
Hale v. State, 848 So. 2d 224 (Ala. 2002). “Code 1975, and proved one prior felony conviction; Hale did not preserve any valid objection.”
Doe v. Marshall, 367 F. Supp. 3d 1310 (M.D. Ala. 2019). “§§ 13A-5-6(a)(1), 13A-5-9(b). *1322 B. The Plaintiffs In 1992 and 1993, John Doe 1 pleaded guilty to two Wisconsin misdemeanor charges after he exposed his genitals in public.”
Hall v. Thomas, 611 F.3d 1259 (11th Cir. 2010). “See Ala.Code §§ 13A-5-6(a)(1); 13A-8-41(c). For second-degree kidnaping, Alabama law authorizes a sentence of not more than 20 years and not less than 2 years.”
Hinton v. State, 632 So. 2d 1345 (Ala. Crim. App. 1993).
Ex Parte Rice, 766 So. 2d 143 (Ala. 1999).
— Ala. Code § 13A-5-6(a)(2) — 48 cases
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016). “Ala. Code §§ 13A-5-6(a)(2), 13 A — 12—211 (d).”
Hall v. Thomas, 611 F.3d 1259 (11th Cir. 2010). “See Ala.Code §§ 13A-5-6(a)(1); 13A-8-41(c). For second-degree kidnaping, Alabama law authorizes a sentence of not more than 20 years and not less than 2 years.”
Doe v. Marshall, 367 F. Supp. 3d 1310 (M.D. Ala. 2019). “§§ 13A-5-6(a)(1), 13A-5-9(b). *1322 B. The Plaintiffs In 1992 and 1993, John Doe 1 pleaded guilty to two Wisconsin misdemeanor charges after he exposed his genitals in public.”
Hale v. State, 848 So. 2d 224 (Ala. 2002). “Code 1975, and proved one prior felony conviction; Hale did not preserve any valid objection.”
Austin v. State, 864 So. 2d 1115 (Ala. Crim. App. 2003).
— Ala. Code § 13A-5-6(a)(3) — 67 cases
United States v. Dean, 604 F.3d 1275 (11th Cir. 2010).
Hayes v. State, 588 So. 2d 502 (Ala. Crim. App. 1991).
Lane v. State, 66 So. 3d 824 (Ala. 2010). “In finding that Smith’s sentence exceeded the 10-year maximum provided by the statute, the court construed the language “not less than 10 years” to mean that 10 years was both the minimum and the maximum sentence under § 13A-5-6. “ ‘A criminal statute must be definite and…”
Bryan Pettibone v. State of Alabama., 91 So. 3d 94 (Ala. Crim. App. 2011).
United States v. State of Alabama, 691 F.3d 1269 (11th Cir. 2012).
— Ala. Code § 13A-5-6(a)(4) — 53 cases
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Code 1975, was added by an amendment to § 13A-5-6 in 1981. In amending this statute, the legislature wrote that its purpose was "[t]o amend Section 13A-5-6, Code of Alabama 1975, relating to sentences of imprisonment for felonies, so as to set the penalty for using or attempting…”
United States v. Nakey Demetruis White, 837 F.3d 1225 (11th Cir. 2016). “Ala. Code §§ 13A-5-6(a)(2), 13 A — 12—211 (d).”
Belisle v. State, 11 So. 3d 256 (Ala. Crim. App. 2007). “2003), this Court decided whether a “cinder block” that had been thrown into a moving vehicle could be a “deadly weapon” as set out in § 13A-5-6, Ala.Code 1975. We stated: “In Harris [v.”
Snowden v. State, 842 So. 2d 24 (Ala. Crim. App. 2002).
Wright v. State, 845 So. 2d 836 (Ala. Crim. App. 2002).
— Ala. Code § 13A-5-6(a)(5) — 39 cases
Ex Parte McCree, 554 So. 2d 336 (Ala. 1988). “" We granted the petition to review the decision of the Court of Criminal Appeals regarding the issue of the propriety of sentencing McCree pursuant to Ala.Code 1975, § 13A-5-6 (specifically, § 13A-5-6(a)(5), which, along with subsection *339 (a)(4), was added by amendment in…”
Railey v. State, 710 So. 2d 477 (Ala. Crim. App. 1997). “In other words, reading § 13A-5-6 as a whole, we must construe subsection (a)(5) to mean that convictions for those underlying felonies that are committed without the intentional use of a weapon do not fall within the category of convictions that invoke the enhancement provision…”
Harris v. State, 873 So. 2d 1171 (Ala. Crim. App. 2003). “2d at 548 , we noted: "To assist us in determining whether a glass soft drink bottle may be classified as a `deadly weapon' for purposes of applying § 13A-5-6(a)(4), we look to the Alabama Supreme Court, which recently stated in Ex parte Cobb, 703 So.”
Lane v. State, 66 So. 3d 824 (Ala. 2010). “In finding that Smith’s sentence exceeded the 10-year maximum provided by the statute, the court construed the language “not less than 10 years” to mean that 10 years was both the minimum and the maximum sentence under § 13A-5-6. “ ‘A criminal statute must be definite and…”
Smith v. State, 447 So. 2d 1334 (Ala. 1984). “He was sentenced to 45 years of imprisonment pursuant to Code 1975, § 13A-5-6(a): “(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: “(1) For a Class A felony, for life or not more…”
— Ala. Code § 13A-5-6(a)(6) — 1 case
Heard v. Davenport (S.D. Ala. 2018).
— Ala. Code § 13A-5-6(a)(8) — 1 case
Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). “We must read § 13A-5-9(a)(3), in conjunction with § 13A-5-6, Ala.Code 1975. Accordingly, the only sentences available for Lane were either 99 years’ imprisonment or life; the 120-year sentence imposed by the circuit court exceeded the statutory maximum.”
— Ala. Code § 13A-5-6(a)(i) — 1 case
Lucas v. State, 45 So. 3d 380 (Ala. Crim. App. 2009). “Code 1975, was added by an amendment to § 13A-5-6 in 1981. In amending this statute, the legislature wrote that its purpose was "[t]o amend Section 13A-5-6, Code of Alabama 1975, relating to sentences of imprisonment for felonies, so as to set the penalty for using or attempting…”
— Ala. Code § 13A-5-6(a)(l) — 30 cases
Hall v. Thomas, 611 F.3d 1259 (11th Cir. 2010). “See Ala.Code §§ 13A-5-6(a)(1); 13A-8-41(c). For second-degree kidnaping, Alabama law authorizes a sentence of not more than 20 years and not less than 2 years.”
Williams v. State, 539 A.2d 164 (Del. 1988).
Lamphere v. State, 348 N.W.2d 212 (Iowa 1984).
Lane v. State, 66 So. 3d 824 (Ala. 2010). “In finding that Smith’s sentence exceeded the 10-year maximum provided by the statute, the court construed the language “not less than 10 years” to mean that 10 years was both the minimum and the maximum sentence under § 13A-5-6. “ ‘A criminal statute must be definite and…”
Lane v. State, 66 So. 3d 812 (Ala. Crim. App. 2009). “We must read § 13A-5-9(a)(3), in conjunction with § 13A-5-6, Ala.Code 1975. Accordingly, the only sentences available for Lane were either 99 years’ imprisonment or life; the 120-year sentence imposed by the circuit court exceeded the statutory maximum.”
— Ala. Code § 13A-5-6(c) — 6 cases
Garner v. State, 977 So. 2d 533 (Ala. Crim. App. 2007).
T. A. A., Jr. v. State of Alabama (Appeal from Coffee Circuit Court: CC-21-323) (Ala. Crim. App. 2025).
Charles Edward Colburn v. State of Alabama (Ala. Crim. App. 2023).
Curtis Lee Johnson v. State of Alabama (Ala. Crim. App. 2023).
Henry Neal Ferguson III v. Alabama Dep't of Corr. (Appeal from St. Clair Circuit Court: CV-23-16) (Ala. Crim. App. 2024).
— Ala. Code § 13A-5-6(d) — 7 cases
Campos v. State, 217 So. 3d 1 (Ala. Crim. App. 2015).
R.V.D. v. State, 268 So. 3d 96 (Ala. Crim. App. 2018).
E.L.Y. v. State, 266 So. 3d 1125 (Ala. Crim. App. 2018).
State v. Garcia, 2022 UT App 77 (Utah Ct. App. 2022).
Mosley v. State, 187 So. 3d 1194 (Ala. Crim. App. 2015).
— Ala. Code § 13A-5-6(l) — 1 case
Murray v. State, 176 So. 3d 830 (Ala. 2015).
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