Alabama Murder Statutes

Code sections

Code of Alabama, Title 13A Criminal Code, Chapter 6, Article 1 - Homicide

• AL Code § 13A-6-1 (Definitions)
• AL Code § 13A-6-2 (Murder)
• AL Code § 13A-6-3 (Manslaughter)
• AL Code § 13A-6-4 (Criminally negligent homicide)

Code of Alabama, Title 13A Criminal Code, Chapter 5, Article 2 - Death Penalty and Life Imprisonment Without Parole

• AL Code § 13A-5-39 (Definitions)
• AL Code § 13A-5-40 (Capital Offenses)
• AL Code § 13A-5-49 (Aggravating Circumstances)

For purposes of murder in Alabama, the following terms have the following definitions:

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

A person commits murder if they do any of the following:

• They intend to cause the death of another person, and they cause the death of that person or another person. (§ 13A-6-2(a)(1))
• 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. (§ 13A-6-2(a)(2))
• They commit arson, and a firefighter or other public safety officer dies while performing their duty resulting from the arson. (§ 13A-6-2(a)(4))

In addition, a person who commits (or attempts to commit) the following crimes and causes the death of any person commits murder (§ 13A-6-2(a)(3)):

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

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. (§ 13A-6-2(b)). See the manslaughter section below for more information.

A person commits manslaughter if they do any of the following:

• They recklessly cause another person’s death. (§ 13A-6-3(a)(1))
• 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. (§ 13A-6-3(a)(2))
• Knowingly selling, furnishing, giving away, delivering, or distributing a controlled substance in violation of § 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. (§ 13A-6-3(a)(3)(a))

A person who causes the death of another person by criminal negligence commits the crime of criminally negligent homicide. (§ 13A-6-4(a))

A person commits a capital offense if they commit murder in any of the following circumstances:

• First-degree kidnapping (§ 13A-5-40(a)(1))
• First-degree robbery (§ 13A-5-40(a)(2))
• First- or second-degree rape (§ 13A-5-40(a)(3))
• First- or second-degree sodomy (§ 13A-5-40(a)(3))
• First- or second-degree burglary (§ 13A-5-40(a)(4))
• 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’s job-related act or performance. (§ 13A-5-40(a)(5))
• The murder occurred while the defendant was serving a life sentence. (§ 13A-5-40(a)(6))
• The defendant committed murder for a pecuniary or other valuable consideration, pursuant to a contract, or for hire. (§ 13A-5-40(a)(7))
• First- or second-degree sexual abuse (§ 13A-5-40(a)(8))
• First- or second-degree arson (§ 13A-5-40(a)(9))
• The defendant used explosives or an explosion to commit murder. (§ 13A-5-40(a)(9))
• Where the defendant murdered two or more people in one act or pursuant to one scheme or course of conduct. (§ 13A-5-40(a)(10))
• 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’s position, act, or capacity. (§ 13A-5-40(a)(11))
• 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. (§ 13A-5-40(a)(12))
• The defendant had a prior murder conviction within the past 20 years. (§ 13A-5-40(a)(13))
• 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’s role or capacity as a witness. (§ 13A-5-40(a)(14))
• The victim was less than 14 years old. (§ 13A-5-40(a)(15))
• The defendant used a deadly weapon from outside a dwelling, and the victim was in a dwelling. (§ 13A-5-40(a)(16))
• The defendant used a deadly weapon while the victim was in a vehicle. (§ 13A-5-40(a)(17))
• The defendant used a deadly weapon within or from a vehicle. (§ 13A-5-40(a)(18))
• A court had issued a protective order for the victim against the defendant or as a condition for the defendant's release. (§ 13A-5-40(a)(19))
• If the defendant committed murder in the presence of the victim’s child or ward and the child was under the age of 14. (§ 13A-5-40(a)(20))
• The victim was a first responder acting in their official capacity. (§ 13A-5-40(a)(21))

A conviction for capital murder imposes the following penalties:

• The death penalty, or
• Life imprisonment without the possibility of parole, or
• If the defendant was under 18 years old at the time of the crime: life imprisonment or life imprisonment without the possibility of parole. (§ 13A-5-39)

Murder is a Class A felony. (§ 13A-6-2(c)). Upon conviction, a person faces the following penalties:

• A mandatory minimum prison sentence of 10 years, up to life (§ 13-5-6(a)(1)), and
• A fine of up to $60,000 (§ 13A-5-11(a)(1))

If the person committed aggravated murder, they face the following penalties:

• Capital punishment (death penalty) (§ 13A-6-2(c)), or
• Life imprisonment without the possibility of parole (§ 13A-6-2(c)), or
• If the murderer was under 18 years of age: life imprisonment unless otherwise specified in Article 2, Chapter 5. (§ 13A-6-2(c))

Manslaughter is a Class B felony. (§ 13A-6-3(b)) Upon conviction, a person faces the following penalties:

• A mandatory minimum prison sentence of two years, up to 20 years (§ 13-5-6(a)(2)), and
• A fine of up to $30,000 (§ 13A-5-11(a)(2))

Criminally negligent homicide is a Class A misdemeanor. However, in cases where a driver or operator of a vehicle causes a person’s death, criminally negligent homicide is a Class C felony. (§ 13A-6-4(c))

A person convicted of a Class C felony faces the following penalties:

• A mandatory minimum prison sentence of one year, up to 10 years (§ 13-5-6(a)(3)), and
• A fine of up to $15,000 (§ 13A-5-11(a)(3))

A person convicted of a Class A misdemeanor faces the following penalties:

• Up to one year in prison (§ 13A-5-7(a)(1))
• A fine of up to $6,000 (§ 13A-5-12(a)(1))