2016 Code of Alabama
Title 13A - CRIMINAL CODE.
Chapter 6 - OFFENSES INVOLVING DANGER TO THE PERSON.
Article 7 - Domestic Violence in 1st, 2nd, and 3rd Degrees.
Section 13A-6-139.1 - Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) DATING RELATIONSHIP.
a. A significant relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement over a period of time and on a continuing basis during the course of the relationship.
b. A dating relationship includes the period of engagement to be married.
c. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.
(2) DOMESTIC VIOLENCE. Any of the following acts committed against a victim:
a. Arson. Arson as defined under Sections 13A-7-40 to 13A-7-43, inclusive.
b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive.
c. Attempt. With the intent to commit any crime under this section or any other criminal act under the laws of this state, performing any overt act towards the commission of the offense.
d. Child Abuse. Torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act.
e. Criminal Coercion. Criminal coercion as defined under Section 13A-6-25.
f. Criminal trespass. Entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive.
g. Harassment. Harassment as defined under Section 13A-11-8.
h. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44.
i. Menacing. Menacing as defined under Section 13A-6-23.
j. Other Conduct. Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this state.
k. Reckless Endangerment. Reckless endangerment as defined under Section 13A-6-24.
l. Sexual Abuse. Any sexual offenses included in Article 4, commencing with Section 13A-6-60, of Chapter 6 of this title.
m. Stalking. Stalking as defined under Sections 13A-6-90 to 13A-6-94, inclusive.
n. Theft. Knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another. Theft includes theft as defined under Sections 13A-8-1 to 13A-8-5, inclusive.
o. Unlawful imprisonment. Unlawful imprisonment as defined under Sections 13A-6-41 and 13A-6-42.
(3) VICTIM. An individual who is related to the person who commits an act of domestic violence in any of the following ways:
a. Is related by marriage to the defendant, including a common law marriage.
b. Had a former marriage or common law marriage with the defendant.
c. Has a child in common with the defendant regardless of whether the victim and defendant have ever been married and regardless of whether they are currently residing or have in the past resided together in the same household.
d. Has or had a dating relationship with the defendant.
e. Is a current or former household member. A household member is a person maintaining or having maintained a living arrangement with the defendant where he or she is in, or was engaged in, a romantic or sexual relationship.
f. A relative of a current or former household member as defined in paragraph e. who also lived with the defendant.
g. An individual who is a parent, stepparent, child, or stepchild and who is in or has maintained a living arrangement with the defendant.(Act 2015-493, §1.)
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