Ala. Code
Code of Alabama

Ala. Code § 36-25-27 (2026)

Penalties; Enforcement; Jurisdiction, Venue, Judicial Review; Limitations Period.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Find cases: SyfertCases citing this section JustiaAla. Code CornellLII Search CasesGoogle Scholar

(a)(1) Except as otherwise provided, any person subject to this chapter who intentionally violates any provision of this chapter other than those for which a separate penalty is provided for in this section shall, upon conviction, be guilty of a Class B felony.

(2) Any person subject to this chapter who violates any provision of this chapter other than those for which a separate penalty is provided for in this section shall, upon conviction, be guilty of a Class A misdemeanor.

(3) Any person subject to this chapter who knowingly violates any disclosure requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor.

(4) Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual legal expenses incurred by the respondent against whom the false report or complaint was filed.

(5) Any person who makes false statements to an employee of the commission or to the commission itself pursuant to this chapter without reason to believe the accuracy of the statements shall, upon conviction, be guilty of a Class A misdemeanor.

(6) Any person subject to this chapter who intentionally violates this chapter relating to secrecy shall, upon conviction, be guilty of a Class C felony.

(7) Any person subject to this chapter who intentionally fails to disclose information required by this chapter shall, upon conviction, be guilty of a Class A misdemeanor.

(b) If a respondent petitions the commission or the respondent otherwise agrees to an administrative resolution of the complaint filed against him or her, the commission may administratively resolve a complaint filed pursuant to this chapter for minor violations upon a unanimous vote and subsequent approval by the appropriate district attorney or the Attorney General. The commission may impose an administrative penalty not to exceed six thousand dollars ($6,000) for any minor violation of this chapter. In addition to any administrative penalty, the commission shall order restitution in the amount of any economic loss to the state, county, municipality, or instrumentality of the state, county, or municipality, and when collected, the restitution shall be paid by the commission to the entity having the economic loss. The commission, through its attorney, shall institute proceedings to recover any penalties or restitution or other such funds so ordered pursuant to this section which are not paid by, or on behalf of, the public official or public employee or other person who has violated this chapter. Nothing in this section shall be deemed in any manner to prohibit the commission and the respondent from entering into a consent decree settling a complaint which has previously been designated by the commission for administrative resolution, so long as the consent decree is approved by the commission. If the commission, the respondent, and the Attorney General or district attorney having jurisdiction, all concur that a complaint is deemed to be handled administratively, the action shall preclude any criminal prosecution pursuant to this chapter at the state, county, or municipal level.

(c) The enforcement of this chapter shall be vested in the commission; provided, however, nothing in this chapter shall be deemed to limit or otherwise prohibit the Attorney General or the district attorney for the appropriate jurisdiction from enforcing any provision of this chapter as they deem appropriate. In the event the commission, by majority vote, finds that any provision of this chapter has been violated, the alleged violation and any investigation conducted by the commission shall be referred to the district attorney of the appropriate jurisdiction or the Attorney General. The commission shall provide any and all appropriate assistance to such district attorney or Attorney General. Upon the request of such district attorney or the Attorney General, the commission may institute, prosecute, or take such other appropriate legal action regarding such violations, proceeding therein with all rights, privileges, and powers conferred by law upon assistant attorneys general.

(d) Nothing in this chapter limits the power of the state to punish any person for any conduct which otherwise constitutes a crime by statute or at common law.

(e) The penalties prescribed in this chapter do not in any manner limit the power of a legislative body to discipline its own members or to impeach public officials and do not limit the powers of agencies, departments, boards, or commissions to discipline their respective officials, members, or employees.

(f) If a person fails to pay any penalty, fine, or restitution imposed by the commission pursuant to this chapter, the commission may file an action to collect the penalty, fine, or restitution in the District Court or Circuit Court of Montgomery County. The person shall be responsible for paying all costs associated with the collection of the penalty, fine, or restitution.

(g) Each district or circuit court of this state shall have jurisdiction in all cases and actions relating to the enforcement of this chapter, and the venue of any action pursuant to this chapter shall be in the county in which the alleged violation occurred, or in those cases where the alleged violation occurred outside the State of Alabama or for failure to properly or timely file any form required by the commission, in Montgomery County. In the case of judicial review of any administrative decision of the commission, the commission’s order, rule, or decision shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact except where otherwise authorized by law.

(h) Any felony prosecution brought pursuant to this chapter shall be commenced within four years after the commission of the offense.

(i) Any misdemeanor prosecution brought pursuant to this chapter shall be commenced within two years after the commission of the offense.

(j) Nothing in this chapter is intended to nor is to be construed as repealing in any way the provisions of any of the criminal laws of this state.

(Acts 1973, No. 1056, p. 1699, §26; Acts 1975, No. 130, p. 603, §1; Acts 1986, No. 86-321, p. 475, §1; Acts 1995, No. 95-194, p. 269, §1; Acts 1996, No. 96-261, p. 307, §1; Act 2010-763, 1st Sp. Sess., p. 17, §1; Act 2018-515, §1.)

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1979–2022 · leading case: Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994).
Sort: Relevance Newest Treatment
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994). · cites it 8× “Code (1975), as required by § 36-25-27, Ala.Code (1975)." C.R. 485-486.”
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995). · cites it 16× “The petitioner is entitled to be heard in this court on his "judicial ex post facto" claim as it related to the applicable statute of limitations.”
Sullens v. State, 878 So. 2d 1216 (Ala. Crim. App. 2003). · cites it 3× “Code (1975), as required by § 36-25-27, Ala.Code (1975).' C.R. 485-486.”
Allen v. State, 380 So. 2d 313 (Ala. Crim. App. 1979). · cites it 3× “We again turn to § 36-25-27, Code of Alabama 1975, which reads, in pertinent part, as follows: "(c) The penalties prescribed in this chapter do not limit the power of either house of the legislature to discipline its own members or to impeach public officials and do not limit…”
Harrison v. State, 879 So. 2d 594 (Ala. Crim. App. 2003). · cites it 3× “Code (1975), as required by § 36-25-27, Ala.Code (1975)." C.R. 485-486.”
Ex parte E.J.M., 829 So. 2d 105 (Ala. 2001). · cites it 6× “Likewise, the Attorney General and the Ethics Commission argue that § 36-25-27(c) authorized the disclosure by the Ethics Commission directly to the Attorney General rather than only to the three-judge panel.”
Ex parte State, 493 So. 2d 995 (Ala. 1986). “…§ 22-22-14 (water pollution control); § 22-30-19 (hazardous waste management); § 32-10-6 (motor vehicle accidents); § 36-25-27 (code of ethics). Under Article 1, Section 6, the right of the accused to demand the nature and cause of the accusation is a fundamental component…”
Chandler v. State, 615 So. 2d 100 (Ala. Crim. App. 1992). “" The appellant cites the punishment section of this act, § 36-25-27, Code of Alabama 1975, which uses the terms "knowingly" and "wilfully" to define the requisite mens rea necessary to commit the offense, and he argues that those terms were therefore required in framing the…”
Bishop State Cmty. Coll. v. Thomas, 13 So. 3d 978 (Ala. Civ. App. 2009). “” Section 36-25-27(a)(2) makes an unintentional violation of § 36-25-5(a) a Class A misdemeanor.”
Waterworks & Sewer Bd. of the City of Selma v. Allen, 3 So. 3d 846 (Ala. 2008). · cites it 2× “Ala.Code 1975, § 36-25-27(c), specifically vests enforcement of the chapter in the Ethics Commission and also allows the Attorney General or the district attorney for the appropriate jurisdiction to enforce provisions of the Act.”
Hunt v. Anderson, 794 F. Supp. 1557 (M.D. Ala. 1992). “§ 36-25-27(b). 5 . cert. denied, 380 So.2d 341 (Ala.”
Ex parte Chandler, 615 So. 2d 111 (Ala. 1993). “See § 36-25-27(a)(1), Ala.Code 1975. However, the opinion of the Court of Criminal Appeals seems to sustain Chandler's conviction on the ground that the State was required to prove merely that Chandler "appeared" to have received direct personal financial gain from the sale of…”
Show all 19 citing cases →
Ala. Code § 36-25-27(a): 4 cases
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995). “The petitioner is entitled to be heard in this court on his "judicial ex post facto" claim as it related to the applicable statute of limitations.”
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994). “Code (1975), as required by § 36-25-27, Ala.Code (1975)." C.R. 485-486.”
State v. Turner, 96 So. 3d 876 (Ala. Crim. App. 2011).
State v. Britain, 489 So. 2d 700 (Ala. Crim. App. 1986).
Ala. Code § 36-25-27(a)(1): 5 cases
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994). “Code (1975), as required by § 36-25-27, Ala.Code (1975)." C.R. 485-486.”
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995). “The petitioner is entitled to be heard in this court on his "judicial ex post facto" claim as it related to the applicable statute of limitations.”
Sullens v. State, 878 So. 2d 1216 (Ala. Crim. App. 2003). “Code (1975), as required by § 36-25-27, Ala.Code (1975).' C.R. 485-486.”
Harrison v. State, 879 So. 2d 594 (Ala. Crim. App. 2003). “Code (1975), as required by § 36-25-27, Ala.Code (1975)." C.R. 485-486.”
Ex parte Chandler, 615 So. 2d 111 (Ala. 1993). “See § 36-25-27(a)(1), Ala.Code 1975. However, the opinion of the Court of Criminal Appeals seems to sustain Chandler's conviction on the ground that the State was required to prove merely that Chandler "appeared" to have received direct personal financial gain from the sale of…”
Ala. Code § 36-25-27(a)(2): 2 cases
Bishop State Cmty. Coll. v. Thomas, 13 So. 3d 978 (Ala. Civ. App. 2009). “” Section 36-25-27(a)(2) makes an unintentional violation of § 36-25-5(a) a Class A misdemeanor.”
State v. Turner, 96 So. 3d 876 (Ala. Crim. App. 2011).
Ala. Code § 36-25-27(a)(l): 3 cases
Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995). “The petitioner is entitled to be heard in this court on his "judicial ex post facto" claim as it related to the applicable statute of limitations.”
Hunt v. State, 641 So. 2d 270 (Ala. 1994).
State v. Turner, 96 So. 3d 876 (Ala. Crim. App. 2011).
Ala. Code § 36-25-27(b): 1 case
Hunt v. Anderson, 794 F. Supp. 1557 (M.D. Ala. 1992). “§ 36-25-27(b). 5 . cert. denied, 380 So.2d 341 (Ala.”
Ala. Code § 36-25-27(c): 5 cases
Ex parte E.J.M., 829 So. 2d 105 (Ala. 2001). “Likewise, the Attorney General and the Ethics Commission argue that § 36-25-27(c) authorized the disclosure by the Ethics Commission directly to the Attorney General rather than only to the three-judge panel.”
Allen v. State, 380 So. 2d 313 (Ala. Crim. App. 1979). “We again turn to § 36-25-27, Code of Alabama 1975, which reads, in pertinent part, as follows: "(c) The penalties prescribed in this chapter do not limit the power of either house of the legislature to discipline its own members or to impeach public officials and do not limit…”
Waterworks & Sewer Bd. of the City of Selma v. Allen, 3 So. 3d 846 (Ala. 2008). “Ala.Code 1975, § 36-25-27(c), specifically vests enforcement of the chapter in the Ethics Commission and also allows the Attorney General or the district attorney for the appropriate jurisdiction to enforce provisions of the Act.”
Ex Parte EJM, 829 So. 2d 105 (Ala. 2001).
Gibbons v. State Ethics Comm'n, 827 So. 2d 801 (Ala. Civ. App. 2001).
Ala. Code § 36-25-27(d): 1 case
Hunt v. State, 642 So. 2d 999 (Ala. Crim. App. 1994). “Code (1975), as required by § 36-25-27, Ala.Code (1975)." C.R. 485-486.”
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.