{"id":371349,"date":"2024-10-23T09:49:33","date_gmt":"2024-10-23T14:49:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-murder-statutes.html"},"modified":"2024-10-23T16:13:34","modified_gmt":"2024-10-23T21:13:34","slug":"alabama-murder-statutes","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-murder-statutes.html","title":{"rendered":"Alabama Murder Statutes"},"content":{"rendered":"\n
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Alabama Murder Statutes<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

The penalties for a murder conviction in Alabama vary based on the crime’s circumstances, such as the method used and the victim’s age or status. The most serious murder charges, called capital offenses, carry the death penalty or a life sentence without the possibility of parole.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Although specific definitions may vary between the states, homicide is generally the intentional killing of another person. Some states divide their murder laws into different degrees, such as first-degree murder, second-degree murder, etc.<\/p>\r\n

The state of Alabama does not classify its murder crimes into different degrees. Instead, it has a general \u201cmurder\u201d crime, along with manslaughter, capital offenses, and criminally negligent homicide.<\/p>\r\n

The criminal penalties for a murder conviction in Alabama depend on the circumstances. For example, a conviction for a capital offense can result in the death penalty or life imprisonment. A conviction for a criminally negligent homicide may land a person in jail for up to one year and a fine of $6,000.<\/p>\r\n

This article summarizes Alabama\u2019s murder laws and criminal penalties. For more general information about murder charges, visit FindLaw\u2019s Homicide<\/a> section.<\/p>\r\n

Alabama Murder Laws: Overview<\/b><\/h2>\r\n

The table below provides an overview of Alabama\u2019s murder laws and applicable penalties.<\/p>\r\n\r\n

Code sections<\/b><\/p>\r\n<\/td>\r\n

Code of Alabama, Title 13A Criminal Code, Chapter 6, Article 1 – Homicide<\/a><\/p>\r\n

Definitions<\/b><\/p>\r\n<\/th>\r\n

For purposes of murder in Alabama, the following terms have the following definitions:<\/p>\r\n

    \r\n
  • Capital offense:<\/b> A criminal offense for which the state imposes the death penalty or life imprisonment without parole. (\u00a7 13A-5-39)<\/li>\r\n
  • Criminal homicide:<\/b> Murder, manslaughter, or criminally negligent homicide. (\u00a7 13A-6-1(a)(1))<\/li>\r\n
  • Homicide:<\/b> Intentionally, knowingly, recklessly, or criminally negligently causing the death of another person. (\u00a7 13A-6-1(a)(2))<\/li>\r\n
  • Person:<\/b> A human being, including an unborn child in utero at any stage of development, regardless of viability. (\u00a7 13A-6-1(a)(3))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Murder<\/b><\/p>\r\n<\/th>\r\n

A person commits murder if they do any of the following:<\/p>\r\n

    \r\n
  • They intend to cause the death of another person, and they cause the death of that person or another person. (\u00a7 13A-6-2(a)(1))<\/li>\r\n
  • They recklessly engage in conduct that creates a grave risk of death to another person under circumstances manifesting extreme indifference to human life, and they cause the death of another person. (\u00a7 13A-6-2(a)(2))<\/li>\r\n
  • They commit arson, and a firefighter or other public safety officer dies while performing their duty resulting from the arson. (\u00a7 13A-6-2(a)(4))<\/li>\r\n<\/ul>\r\n

    In addition, a person who commits (or attempts to commit) the following crimes and causes the death of any person commits murder (\u00a7 13A-6-2(a)(3)):<\/p>\r\n

      \r\n
    • First-degree arson<\/li>\r\n
    • First- or second-degree burglary<\/li>\r\n
    • First-degree escape<\/li>\r\n
    • First-degree kidnapping<\/li>\r\n
    • First-degree rape<\/li>\r\n
    • Robbery (any degree)<\/li>\r\n
    • First-degree sodomy<\/li>\r\n
    • Aggravated child abuse<\/li>\r\n
    • Any other felony clearly dangerous to human life (i.e., felony murder)<\/li>\r\n<\/ul>\r\n

      A murder that occurs due to a sudden heat of passion caused by a legally recognized provocation and before a reasonable time for the passion to cool is not classified as murder. (\u00a7 13A-6-2(b)). See the manslaughter section below for more information.<\/p>\r\n<\/td>\r\n<\/tr>

Manslaughter<\/b><\/p>\r\n<\/th>\r\n

A person commits manslaughter if they do any of the following:<\/p>\r\n

    \r\n
  • They recklessly cause another person\u2019s death. (\u00a7 13A-6-3(a)(1))<\/li>\r\n
  • They cause the death of another person under circumstances that would normally constitute murder, but they caused the death due to a sudden heat of passion caused by a provocation recognized by law, and a reasonable time had not passed for the passion to cool and for reason to reassert itself. (\u00a7 13A-6-3(a)(2))<\/li>\r\n
  • Knowingly selling, furnishing, giving away, delivering, or distributing a controlled substance in violation of \u00a7 13A-12-211 that contains fentanyl or a fentanyl analog, and the person who received the substance dies as a proximate result of their use of it. (\u00a7 13A-6-3(a)(3)(a))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Criminally Negligent Homicide<\/b><\/p>\r\n<\/th>\r\n

A person who causes the death of another person by criminal negligence commits the crime of criminally negligent homicide. (\u00a7 13A-6-4(a))<\/p>\r\n<\/td>\r\n<\/tr>

Capital Offenses<\/b><\/p>\r\n<\/th>\r\n

A person commits a capital offense if they commit murder in any of the following circumstances:<\/p>\r\n

    \r\n
  • First-degree kidnapping (\u00a7 13A-5-40(a)(1))<\/li>\r\n
  • First-degree robbery (\u00a7 13A-5-40(a)(2))<\/li>\r\n
  • First- or second-degree rape (\u00a7 13A-5-40(a)(3))<\/li>\r\n
  • First- or second-degree sodomy (\u00a7 13A-5-40(a)(3))<\/li>\r\n
  • First- or second-degree burglary (\u00a7 13A-5-40(a)(4))<\/li>\r\n
  • The victim was a police officer, sheriff, deputy, state trooper, federal law enforcement officer, prison guard, jail guard, or any other state or federal peace officer who was on duty, or the murder resulted because of the officer\u2019s job-related act or performance. (\u00a7 13A-5-40(a)(5))<\/li>\r\n
  • The murder occurred while the defendant was serving a life sentence. (\u00a7 13A-5-40(a)(6))<\/li>\r\n
  • The defendant committed murder for a pecuniary or other valuable consideration, pursuant to a contract, or for hire. (\u00a7 13A-5-40(a)(7))<\/li>\r\n
  • First- or second-degree sexual abuse (\u00a7 13A-5-40(a)(8))<\/li>\r\n
  • First- or second-degree arson (\u00a7 13A-5-40(a)(9))<\/li>\r\n
  • The defendant used explosives or an explosion to commit murder. (\u00a7 13A-5-40(a)(9))<\/li>\r\n
  • Where the defendant murdered two or more people in one act or pursuant to one scheme or course of conduct. (\u00a7 13A-5-40(a)(10))<\/li>\r\n
  • Where the victim was a state or federal public official (or former public official) and the murder stemmed from or was otherwise related to the official\u2019s position, act, or capacity. (\u00a7 13A-5-40(a)(11))<\/li>\r\n
  • The defendant unlawfully assumed control of an aircraft using force or threats and intended to obtain valuable consideration for otherwise exerting control over the aircraft, passenger(s), or crew. (\u00a7 13A-5-40(a)(12))<\/li>\r\n
  • The defendant had a prior murder conviction within the past 20 years. (\u00a7 13A-5-40(a)(13))<\/li>\r\n
  • The victim received a subpoena to testify or had previously testified in a civil or criminal trial or proceeding, and the murder stems from, is caused by, or is related to the victim\u2019s role or capacity as a witness. (\u00a7 13A-5-40(a)(14))<\/li>\r\n
  • The victim was less than 14 years old. (\u00a7 13A-5-40(a)(15))<\/li>\r\n
  • The defendant used a deadly weapon from outside a dwelling, and the victim was in a dwelling. (\u00a7 13A-5-40(a)(16))<\/li>\r\n
  • The defendant used a deadly weapon while the victim was in a vehicle. (\u00a7 13A-5-40(a)(17))<\/li>\r\n
  • The defendant used a deadly weapon within or from a vehicle. (\u00a7 13A-5-40(a)(18))<\/li>\r\n
  • A court had issued a protective order for the victim against the defendant or as a condition for the defendant’s release. (\u00a7 13A-5-40(a)(19))<\/li>\r\n
  • If the defendant committed murder in the presence of the victim\u2019s child or ward and the child was under the age of 14. (\u00a7 13A-5-40(a)(20))<\/li>\r\n
  • The victim was a first responder acting in their official capacity. (\u00a7 13A-5-40(a)(21))<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/p>\r\n<\/th>\r\n

A conviction for capital murder imposes the following penalties:<\/p>\r\n