(a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section:
(1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide.
(2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.
(3) PERSON. The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability.
(b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider.
Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this section.
Medical care or treatment includes, but is not limited to, ordering, dispensation or administration of prescribed medications and medical procedures.
(c) A victim of domestic violence or sexual assault may not be charged under Article 1 or Article 2 for the injury or death of an unborn child caused by a crime of domestic violence or rape perpetrated upon her.
(d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child.
(e) Nothing in this section shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this section shall be construed to make an abortion legal which is not otherwise authorized by law.
(Acts 1977, No. 607, p. 812, §2001; Act 2006-419, p. 1042, §§1, 2.)
Notes of Decisions
Cited in
16
cases, 1981–2016 · leading case:
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
· cites it 5× “See Ala.Code 1975, § 13A-6-1 (a)(3); Alaska Stat.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010).
· cites it 2× “, Ala. Code § 13A-6-1 (3) (Cum. Sup. 2009) (“[t]he term [person], when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in útero at any stage of development, regardless of viability”); Cal.”
MacK v. Carmack, 1091040 (Ala. 9-9-2011), 79 So. 3d 597 (Ala. 2011).
· cites it 3× “Acts 2006, codified as Ala.Code 1975, § 13A-6-1, changed the definition of the term “person” in the article of the Alabama Code defining homicide offenses.”
Gentry v. Gilmore, 613 So. 2d 1241 (Ala. 1993).
· cites it 3× “See § 13A-6-1 commentary. There should not be different standards in wrongful death and homicide statutes, given that the avowed public purpose of the wrongful death statute is to prevent homicide and to punish the culpable party and not to compensate for the loss.”
Ex Parte Kyzer, 399 So. 2d 330 (Ala. 1981).
“2(2) of the Model Penal Code "a person convicted of murder may be sentenced to death...." The Model Penal Code suggests a procedure whereby aggravating circumstances are made a part of the sentencing stage instead of the guilt determining state.”
Lollar v. Tankersley, 613 So. 2d 1249 (Ala. 1993).
· cites it 3× “See § 13A-6-1 commentary. There should not be different standards in wrongful death and homicide statutes, given that the avowed public purpose of the wrongful death statute is to prevent homicide and to punish the culpable party and not to compensate for the loss.”
State v. Lamy, 969 A.2d 451 (N.H. 2009).
“1 See Ala. Code § 13A-6-1 (Supp. 2008); Ariz. Rev.”
Ziade v. Koch, 952 So. 2d 1072 (Ala. 2006).
· cites it 2× “The recent amendment to Ala.Code 1975, § 13A-6-1, proposed by Act No.”
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.”
Griffin v. State, 790 So. 2d 267 (Ala. Crim. App. 2000).
“See §§ 13A-6-1 to 13A-6-4, 13A-4-2, 13A-8-40 to 13A-8-44, and 13A-12-230 to 13A-12-233, Ala.”
Ankrom v. State, 152 So. 3d 373 (Ala. Crim. App. 2011).
“, Johnson, supra; Hardy, supra; Luster, supra. In other cases, the courts noted that their states’ homicide statutes did not apply to a fetus, unlike Alabama’s homicide statute, which does apply to unborn children.”
Hamilton v. Scott, 97 So. 3d 728 (Ala. 2012).
“” § 13A-6-1 (a)(3), Ala.Code 1975. As Justice See wrote in a special concurrence *739 joined by then Chief Justice Nabers and Justices Stuart, Smith, and Parker in Ziade v.”
Ala. Code § 13A-6-1(2): 2 cases
Gentry v. Gilmore, 613 So. 2d 1241 (Ala. 1993).
“See § 13A-6-1 commentary. There should not be different standards in wrongful death and homicide statutes, given that the avowed public purpose of the wrongful death statute is to prevent homicide and to punish the culpable party and not to compensate for the loss.”
Lollar v. Tankersley, 613 So. 2d 1249 (Ala. 1993).
“See § 13A-6-1 commentary. There should not be different standards in wrongful death and homicide statutes, given that the avowed public purpose of the wrongful death statute is to prevent homicide and to punish the culpable party and not to compensate for the loss.”
Ala. Code § 13A-6-1(a)(3): 2 cases
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“See Ala.Code 1975, § 13A-6-1 (a)(3); Alaska Stat.”
Ankrom v. State, 152 So. 3d 373 (Ala. Crim. App. 2011).
“, Johnson, supra; Hardy, supra; Luster, supra. In other cases, the courts noted that their states’ homicide statutes did not apply to a fetus, unlike Alabama’s homicide statute, which does apply to unborn children.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.