Article 1 General Provisions 13A-12-1 – 13A-12-6
Article 2 Gambling Offenses 13A-12-20 – 13A-12-92
Article 3 Prostitution Offenses 13A-12-110 – 13A-12-125
Article 4 Obscenity and Related Offenses 13A-12-130 – 13A-12-200.12
Article 5 Drug Offenses 13A-12-201 – 13A-12-340

Terms Used In Alabama Code > Title 13A > Chapter 12 - Offenses Against Public Health and Morals

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • ADULT MOVIE HOUSE: A place where obscene "adult films" depicting sexual conduct are shown. See Alabama Code 13A-12-200.1
  • ADULT-ONLY ENTERTAINMENT: Any commercial establishment or private club where entertainers, employees, dancers, or waiters appear nude or semi-nude. See Alabama Code 13A-12-200.1
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • applicant: Any person applying for a license under this chapter, including the principal, if such person is the agent of another who is the true owner, notwithstanding whether that other is an individual, partnership, association, firm, or corporation and notwithstanding whether the name of the true owner appears on the application or not. See Alabama Code 8-13-1
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • AREA OF SALES RESPONSIBILITY: The geographical area, agreed to by the dealer and the manufacturer or the distributor or in the manufacturer and dealer agreement, within which the dealer has the exclusive right to display or sell new recreational vehicles of a particular line-make of the manufacturer or distributor to the retail public. See Alabama Code 8-21C-2
  • Arrest: Taking physical custody of a person by lawful authority.
  • association: Any legal association of individuals, corporations, limited liability companies, partnerships, associations, or other entities whereby either of the following exists:

    a. See Alabama Code 27-31B-2

  • ATTORNEY GENERAL: The Attorney General of the State of Alabama or his duly designated representatives. See Alabama Code 8-19-3
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • authority: A public corporation organized pursuant to the provisions of Article 1 of this chapter, as amended. See Alabama Code 11-88-40
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • BAR AND LOUNGE: Any establishment which is primarily devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of beverages. See Alabama Code 22-15A-3
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • BENEFIT CORPORATION: A benefit corporation as defined in Chapter 2A. See Alabama Code 10A-1-1.03
  • Bequest: Property gifted by will.
  • bid: A written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture. See Alabama Code 8-18-2
  • BLIND BIDDING: The bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before such motion picture has either been trade screened or before such motion picture, at the option of the distributor, otherwise has been made available for viewing by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit such motion picture. See Alabama Code 8-18-2
  • board: The board of directors of an authority. See Alabama Code 11-88-40
  • BREAST NUDITY: The showing of the post-pubertal human female breasts below a point immediately above the top of the areola. See Alabama Code 13A-12-200.1
  • CALLER IDENTIFICATION SERVICE: A type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls. See Alabama Code 8-19A-3
  • CAMPING TRAILER: A vehicular unit that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. See Alabama Code 8-21C-2
  • CAPTIVE INSURANCE COMPANY: Any pure captive insurance company, association captive insurance company, risk retention group, protected cell captive insurance company, incorporated cell captive insurance company, or industrial insured captive insurance company formed or licensed under this chapter. See Alabama Code 27-31B-2
  • Chambers: A judge's office.
  • CHILD CARE FACILITY: Any facility caring for children. See Alabama Code 22-15A-3
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • COMMERCIAL TELEPHONE SELLER: Any person who engages in commercial telephone solicitation on his or her own behalf or through salespersons, except that a commercial telephone seller does not include any of the persons or entities exempted from this chapter by Section 8-19A-4. See Alabama Code 8-19A-3
  • commission: The Alabama Public Service Commission. See Alabama Code 8-19A-3
  • commissioner: The Commissioner of the Department of Conservation and Natural Resources of the State of Alabama. See Alabama Code 9-11-391
  • commissioner: The Alabama Commissioner of Insurance or the commissioner's designee. See Alabama Code 27-31B-2
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • consumer: Any natural person who buys goods or services for personal, family or household use. See Alabama Code 8-19-3
  • consumer: An actual or prospective purchaser, lessee, or recipient of consumer goods or services. See Alabama Code 8-19A-3
  • consumer: The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty. See Alabama Code 8-20A-1
  • CONSUMER GOODS OR SERVICES: Any real property or any tangible or intangible personal property which is normally used for personal, family, or household purposes including, without limitation, any property intended to be attached to or installed in any real property, without regard to whether it is so attached or installed, as well as cemetery lots, timeshare estates and licenses, and any services related to the property. See Alabama Code 8-19A-3
  • Continuance: Putting off of a hearing ot trial until a later time.
  • CONTINUING COMMERCIAL RELATIONSHIP: Any relationship in which the equipment dealer has been granted the right to sell and/or service equipment manufactured by the supplier. See Alabama Code 8-21A-2
  • conversion: A conversion, whether referred to as a conversion, domestication, or otherwise, means:

    (A) the continuance of a domestic entity as a foreign entity of any type;

    (B) the continuance of a foreign entity as a domestic entity of any type; or

    (C) the continuance of a domestic entity of one type as a domestic entity of another type. See Alabama Code 10A-1-1.03

  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: A cooperative marketing association for marketing of farm products. See Alabama Code 2-1-1
  • corporation: Includes a domestic or foreign business corporation, including a benefit corporation, as defined in Chapter 2A, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • CURRENT NET PRICE: The dealer's price as listed in the supplier's effective price list and/or catalog. See Alabama Code 8-21A-2
  • day: When used in the computation of time, excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 10A-1-1.03
  • dealer: Any person, firm, corporation, or business engaged in the business of selling recreational vehicles to the general public and that maintains a permanent business establishment including a service and repair facility which offers mechanical services for the recreational vehicles it sells. See Alabama Code 8-21C-2
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: The Department of Conservation and Natural Resources of the State of Alabama. See Alabama Code 9-11-391
  • department: The Alabama Department of Public Health. See Alabama Code 22-15A-3
  • Devise: To gift property by will.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • DISPLAY FOR SALE: To expose, place, exhibit, show, or in any fashion display any material for the purpose of the sale of such material to any person in a manner that a minor can physically examine or see the material. See Alabama Code 13A-12-200.1
  • DISSEMINATE PUBLICLY: To expose, place, perform, exhibit, show or in any fashion display, in any location, public or private, any material in a manner that the material can either be readily seen and its content or character distinguished by normal unaided vision or be physically examined, by viewing or examining the material from any public place or any place to which members of the general public are invited. See Alabama Code 13A-12-200.1
  • DISTRESS MERCHANDISE SALE: Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is being held other than in the ordinary course of business and not otherwise defined herein. See Alabama Code 8-13-1
  • distribute: To import, export, sell, rent, lend, transfer possession of or title to, display, exhibit, show, present, provide, broadcast, transmit, retransmit, communicate by telephone, play, orally communicate or perform. See Alabama Code 13A-12-200.1
  • distributor: Any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See Alabama Code 8-18-2
  • distributor: Any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers. See Alabama Code 8-21C-2
  • division: The Consumer Division of the Office of the Attorney General. See Alabama Code 8-19A-3
  • division: The Business Development Division of the Department of Commerce. See Alabama Code 41-29-221
  • Docket: A log containing brief entries of court proceedings.
  • DOING BUSINESS IN THIS STATE: Businesses conducting telephonic sales calls from a location in Alabama or from other states or nations to consumers located in Alabama. See Alabama Code 8-19A-3
  • domestic: With respect to an entity, means governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 10A-1-1.03
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • employer: Any person, partnership, association, corporation, or nonprofit entity that employs five or more persons, including the legislative, executive, and judicial branches of state government; and any county, city, town, or village or any other political subdivision of the state; any public authority, commission, agency, or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. See Alabama Code 22-15A-3
  • ENFORCING AUTHORITY: The division or the office of the district attorney if a violation of this chapter occurs in or affects the judicial circuit under the jurisdiction of the office of the district attorney. See Alabama Code 8-19A-3
  • entity: A domestic or foreign organization. See Alabama Code 10A-1-1.03
  • equipment: Machines designed for or adapted and used for agriculture, horticulture, irrigation for agriculture or horticulture, livestock, grazing, lawn and garden, and/or light industrial purposes. See Alabama Code 8-21A-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Executrix: The female counterpart of an executor. See also
  • exhibitor: Any person engaged in the business of operating one or more theatres. See Alabama Code 8-18-2
  • export: To send or cause to be sent outside of the State of Alabama from inside the state. See Alabama Code 13A-12-200.1
  • EXPRESS WARRANTY: A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty. See Alabama Code 8-20A-1
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • FACTORY CAMPAIGN: An effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue. See Alabama Code 8-21C-2
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • FAMILY MEMBER: A spouse or a child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof. See Alabama Code 8-21C-2
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FIFTH WHEEL TRAILER: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle. See Alabama Code 8-21C-2
  • FILING ENTITY: A domestic entity that is a corporation, limited partnership, limited liability limited partnership, limited liability company, professional association, employee cooperative corporation, or real estate investment trust. See Alabama Code 10A-1-1.03
  • FILING INSTRUMENT: An instrument, document, or statement that is required or permitted by this title to be delivered for filing by or for an entity to a filing officer. See Alabama Code 10A-1-1.03
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • FOR ANY THING OF PECUNIARY VALUE: In exchange for, in return for, or for any consideration consisting of, whether wholly or partly:

    a. See Alabama Code 13A-12-200.1

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • foreign: With respect to an entity, means governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN ENTITY: An entity governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
  • FOREIGN FILING ENTITY: A foreign entity that registers or is required to register as a foreign entity under Article 7. See Alabama Code 10A-1-1.03
  • Fraud: Intentional deception resulting in injury to another.
  • GENERAL PARTNERSHIP: A partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • GENITAL NUDITY: The showing of the human male or female genitals or pubic area. See Alabama Code 13A-12-200.1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOING OUT OF BUSINESS SALE: Any offer to sell to the public or a sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. See Alabama Code 8-13-1
  • GOOD CAUSE: Failure of the dealer to substantially comply with requirements of the dealer agreement, provided such requirements are not different from, nor enforced differently than those requirements imposed on other similarly situated dealers. See Alabama Code 8-21A-2
  • goods: Includes but is not limited to any property, tangible or intangible, real, personal, or any combination thereof, and any franchise, license, distributorship, or other similar right, privilege, or interest. See Alabama Code 8-19-3
  • GOVERNMENT BUILDING: Any building owned or operated by the state, including the legislative, executive, and judicial branches of state government; any county, city, town, or village or any other political subdivision of the state; any public authority, commission, agency, or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government. See Alabama Code 22-15A-3
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HARMFUL TO MINORS: The term means:

    a. See Alabama Code 13A-12-200.1

  • import: To bring or cause to be brought into the State of Alabama from outside of the state. See Alabama Code 13A-12-200.1
  • improvement: Any sanitary sewage treatment or sewage disposal plant or any sanitary sewer, including mains, laterals, trunk lines, collector lines, outfall lines, force mains, and appurtenant facilities. See Alabama Code 11-88-40
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • individual: A single human being but does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. See Alabama Code 8-19A-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intestate: Dying without leaving a will.
  • inventory: A list of and the wholesale cost of goods, wares, and merchandise. See Alabama Code 8-13-1
  • inventory: Tractors, farm implements, machinery, equipment, lawn and garden tractors and equipment, light industrial tractors and equipment, and repair parts held by the dealer. See Alabama Code 8-21A-2
  • INVITATION TO BID: A written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture. See Alabama Code 8-18-2
  • JUDGE OF PROBATE: The judge of probate of the county in which an entity is required or permitted to deliver a filing instrument for filing pursuant to this title. See Alabama Code 10A-1-1.03
  • knowingly: The term means knowingly, as defined by Section 13A-2-2(2), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • LEMON LAW RIGHTS PERIOD: The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs. See Alabama Code 8-20A-1
  • LICENSE AGREEMENT: Any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor. See Alabama Code 8-18-2
  • LICENSING AUTHORITY: The state court, state regulatory licensing board, or other like agency which has the power to issue a license or other legal authorization to render professional services. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY COMPANY: A limited liability company as defined in Chapter 5A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY LIMITED PARTNERSHIP: A limited liability limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LIMITED LIABILITY PARTNERSHIP: A limited liability partnership as defined in Chapter 8A. See Alabama Code 10A-1-1.03
  • LIMITED PARTNERSHIP: A limited partnership as defined in Chapter 9A. See Alabama Code 10A-1-1.03
  • LINE-MAKE: A specific series of recreational vehicle products that meets all of the following specifications:

    a. See Alabama Code 8-21C-2

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • manufacturer: The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale. See Alabama Code 8-20A-1
  • manufacturer: Any person, firm, corporation, or business entity that engages in the manufacture of recreational vehicles. See Alabama Code 8-21C-2
  • MANUFACTURER AND DEALER AGREEMENT: A written agreement or contract entered into between a manufacturer or a distributor and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles. See Alabama Code 8-21C-2
  • MARINE MAMMAL: Any mammal which is morphologically adapted to the marine environment or primarily inhabits the marine environment. See Alabama Code 9-11-391
  • MARINE MAMMAL PRODUCT: Any item of merchandise which consists or is composed, in whole or in part, of any marine mammal. See Alabama Code 9-11-391
  • material: Any book, magazine, newspaper, printed or written matter, writing, description, picture, drawing, animation, photograph, motion picture, film, video tape, pictorial representation, depiction, image, electrical or electronic reproduction, broadcast, transmission, telephone communication, sound recording, article, device, equipment, matter, oral communication, live performance, or dance. See Alabama Code 13A-12-200.1
  • merchant: A person who, directly or indirectly, offers or makes available to consumers any consumer goods or services. See Alabama Code 8-19A-3
  • merger: The combination of one or more domestic entities with one or more domestic entities or foreign entities resulting in:

    (A) one or more surviving domestic entities or foreign entities;

    (B) the creation of one or more new domestic entities or foreign entities, or one or more surviving domestic entities or foreign entities; or

    (C) one or more surviving domestic entities or foreign entities and the creation of one or more new domestic entities or foreign entities. See Alabama Code 10A-1-1.03

  • minor: Any unmarried person under the age of 18 years. See Alabama Code 13A-12-200.1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • month: means a calendar month. See Alabama Code 1-1-1
  • moratorium: A complete cessation of the taking of marine mammals, except as provided in this article. See Alabama Code 9-11-391
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • MOTOR HOME: A motorized, vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use. See Alabama Code 8-21C-2
  • MOTOR VEHICLE: Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term "motor vehicle" shall not apply to motor homes or to any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more. See Alabama Code 8-20A-1
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • NONCONFORMING CONDITION: Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer. See Alabama Code 8-20A-1
  • NONPROFIT CORPORATION: A domestic or foreign nonprofit corporation as defined in Chapter 3. See Alabama Code 10A-1-1.03
  • NOTICE OF A NONCONFORMING CONDITION: A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made. See Alabama Code 8-20A-1
  • obscene: The term means that:

    a. See Alabama Code 13A-12-200.1

  • officer: The term includes every person authorized to enforce the game and fish laws of this state, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds, animals, or fish is prohibited or restricted, the prohibition or restriction shall extend to and include every part of the game, bird, animal, or fish, and a violation as to each animal, bird, or fish, or part thereof, shall be a separate offense. See Alabama Code 9-11-1
  • OPTIMUM CARRYING CAPACITY: The ability of a given habitat to support the optimum sustainable population of a species or population stock in a healthy state without diminishing the ability of the habitat to continue that function. See Alabama Code 9-11-391
  • OPTIMUM SUSTAINABLE POPULATION: With respect to any population stock, the number of animals which will result in the maximum productivity of the population or the species, keeping in mind the optimum carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element. See Alabama Code 9-11-391
  • Oversight: Committee review of the activities of a Federal agency or program.
  • participant: An entity as defined in Section 27-31B-24, and any affiliates thereof, that are insured by a protected cell captive insurance company, where the losses of the participant are limited through a participant contract. See Alabama Code 27-31B-2
  • partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • partnership: Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability limited partnership, and a foreign limited liability limited partnership. See Alabama Code 10A-1-1.03
  • person: Any individual, partnership, association, firm, or corporation. See Alabama Code 8-13-1
  • person: One or more individuals, partnerships, associations, societies, trusts, organizations or corporations. See Alabama Code 8-18-2
  • person: Includes but is not limited to natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity. See Alabama Code 8-19-3
  • person: Any individual, group of individuals, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity. See Alabama Code 8-19A-3
  • person: Any individual, firm, corporation, association or partnership; or any officer, employee, agent, department or other instrumentality of the federal government or of any state government. See Alabama Code 9-11-391
  • person: Any individual and, except where inappropriate, any partnership, firm, association, corporation or other legal entity. See Alabama Code 13A-12-200.1
  • person: An individual, including the estate of an incompetent or deceased individual, or an entity, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
  • Personal property: All property that is not real property.
  • Personal Property Instrument: means any instrument or document affecting the title to personal property only (as distinguished from real property) that may be now or hereafter required to be filed or titled for record in the probate office, in accordance with the applicable requirements of the laws of this state, including, without limitation, Sections 35-4-50 and 35-4-90. See Alabama Code 45-23-83.01
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • preceding: means next before. See Alabama Code 1-1-1
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • produce: Create, make, write, film, produce, reproduce, direct, or stage. See Alabama Code 13A-12-200.1
  • PROFESSIONAL CORPORATION: A domestic or foreign professional corporation as defined in Chapter 4. See Alabama Code 10A-1-1.03
  • PROFESSIONAL ENTITY: A professional association and a professional corporation. See Alabama Code 10A-1-1.03
  • PROFESSIONAL SERVICE: Any type of service that may lawfully be performed only pursuant to a license issued by a state court, state regulatory licensing board, or other like agency pursuant to state laws. See Alabama Code 10A-1-1.03
  • property: Only land which has been subdivided and platted. See Alabama Code 11-88-40
  • PROPRIETARY PART: Any part manufactured by or for and sold exclusively by the manufacturer. See Alabama Code 8-21C-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • PROTECTED CELL: A separate account established by a protected cell captive insurance company formed or licensed under this chapter, in which an identified pool of assets and liabilities is segregated and insulated by means of this chapter from the remainder of the protected cell captive insurance company's assets and liabilities in accordance with the terms of one or more participant contracts to fund the liability of the protected cell captive insurance company, with respect to the participants as set forth in the participant contracts. See Alabama Code 27-31B-2
  • PROTECTED CELL CAPTIVE INSURANCE COMPANY: Any captive insurance company meeting all of the following:

    a. See Alabama Code 27-31B-2

  • PUBLIC CONVEYANCE: A bus, taxi, train, trolley, boat, and any other means of public transit. See Alabama Code 22-15A-3
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • PUBLIC MEETING: Any meeting open to the public unless held in a private residence. See Alabama Code 22-15A-3
  • PUBLIC PLACE: Any enclosed area to which the public is permitted, including, but not limited to, auditoriums, elevators, hospitals, nursing homes, libraries, courtrooms, jury waiting rooms and deliberation rooms, theatres, museums, common areas of retirement homes, restaurants, laundromats, health facilities, educational facilities, shopping malls, government buildings, sports and recreational facilities, places of employment, airports, banks, retail stores, and service establishments. See Alabama Code 22-15A-3
  • purchaser: A person who is solicited to become or does become obligated to a commercial telephone seller. See Alabama Code 8-19A-3
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Real Property Instrument: means and includes any instrument or document affecting the title to real property that may now or hereafter be filed for record in the probate office pursuant to the applicable requirements of the laws of this state, including, without limitation, Section 12-13-43, and all statutes providing for the filing and recording of notices or statements of liens of any kind, notices of judgment, and plats or maps showing subdivisions of real estate. See Alabama Code 45-23-83.01
  • recklessly: The term means recklessly, as defined by Section 13A-2-2(3), doing an act involving a material when the person knows the nature of the material. See Alabama Code 13A-12-200.1
  • RECREATIONAL VEHICLE: A motor home, travel trailer, fifth wheel trailer, camping trailer, and truck camper. See Alabama Code 8-21C-2
  • RELEVANT MARKET AREA: The geographic area for which a dealer is assigned responsibility for selling or soliciting or advertising the sale of equipment under the terms of a franchise. See Alabama Code 8-21A-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • run: The continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Alabama Code 8-18-2
  • SADO-MASOCHISTIC ABUSE: The term means:

    a. See Alabama Code 13A-12-200.1

  • salesperson: Any individual employed, appointed, or authorized by a commercial telephone seller, regardless of whether the commercial telephone seller refers to the individual as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone seller. See Alabama Code 8-19A-3
  • seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 9-2-80
  • SERVICE LINE: Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money. See Alabama Code 22-15A-3
  • Service of process: The service of writs or summonses to the appropriate party.
  • services: Work, labor, and other services, including but not limited to services furnished in connection with the sale or repair of goods. See Alabama Code 8-19-3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SEXUAL CONDUCT: The term means:

    a. See Alabama Code 13A-12-200.1

  • SEXUAL INTERCOURSE: Intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, and whether between persons of the same or opposite sex or between a human and an animal. See Alabama Code 13A-12-200.1
  • smoking: The burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco. See Alabama Code 22-15A-3
  • SMOKING AREA: Any designated area meeting the requirements of Section 22-15A-7. See Alabama Code 22-15A-3
  • sponsor: Any person or entity that is approved by the commissioner to organize and operate a protected cell captive insurance company. See Alabama Code 27-31B-2
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • supplier: The manufacturer, wholesaler, or distributor of the tractor, equipment, lawn and garden equipment, light industrial tractors and equipment, and/or repair parts to be sold by the dealer. See Alabama Code 8-21A-2
  • supplier: Any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components. See Alabama Code 8-21C-2
  • take: To harass, hunt, capture or kill, or attempt to harass, hunt, capture or kill any marine mammal. See Alabama Code 9-11-391
  • TELEPHONE SOLICITATION CALL: A call made by a telephone solicitor to a consumer, for the purpose of soliciting a sale of consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for consumer goods or services, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. See Alabama Code 8-19A-3
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • termination: The termination, cancellation, nonrenewal, or noncontinuation of the contract or agreement. See Alabama Code 8-21A-2
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • theatre: Any establishment in which motion pictures are exhibited to the public regularly for a charge. See Alabama Code 8-18-2
  • TRADE SCREENING: The showing of a motion picture by a distributor at the location of the film exchange that distributes his picture in Alabama, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. See Alabama Code 8-18-2
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • TRANSIENT CUSTOMER: A customer who is temporarily traveling through a dealer's area of sales responsibility. See Alabama Code 8-21C-2
  • TRAVEL TRAILER: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use and of such size and weight as not to require a special highway movement permit when towed by a motorized vehicle. See Alabama Code 8-21C-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • TRUCK CAMPER: A portable unit, constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides and designed to be loaded onto and unloaded from the back of a pickup truck. See Alabama Code 8-21C-2
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • UNSOLICITED SOLICITATION SALES CALL: A telephonic sales call other than a call made to a person with whom the telephone solicitor has a prior or existing business relationship; or by a newspaper publisher or his or her agent or employee in connection with his or her business; or any of the exempt persons in Section 8-19A-4. See Alabama Code 8-19A-3
  • Verdict: The decision of a petit jury or a judge.
  • warrantor: Any person, firm, corporation, or business entity, including any manufacturer or distributor, that provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components thereof. See Alabama Code 8-21C-2
  • wholesaler: A person who distributes material for the purpose of resale or commercial distribution at retail. See Alabama Code 13A-12-200.1
  • WRITTEN NOTICE: In addition to a delivered written notice, such notice shall include notice by any other accepted means including, but not limited to, notice by "electronic mail" or its equivalent. See Alabama Code 8-21A-2