Welcome to the Stalking Resource Center

The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.

Alabama

This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.

Stalking

Harassment

Related Offenses

Analyzing Stalking Laws


Stalking

Code of Ala. § 13A-6-90. Stalking in the first degree. (2012)

(a) A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.

(b) The crime of stalking in the first degree is a Class C felony.


Code of Ala. § 13A-6-90.1. Stalking in the second degree. (2012)

(a) A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.

(b) The crime of stalking in the second degree is a Class B misdemeanor.

Code of Ala. § 13A-6-91. Aggravated stalking in the first degree. (2012)

(a) A person who violates the provisions of Section 13A-6-90(a) and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking in the first degree.

(b) The crime of aggravated stalking in the first degree is a Class B felony.


Code of Ala. § 13A-6-91.1. Aggravated stalking in the second degree (2012)
(a) A person who violates the provisions of Section 13A-6-90.1 and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking in the second degree.

(b) The crime of aggravated stalking in the second degree is a Class C felony.

Code of Ala. § 13A-6-92. Definitions. (1994)
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise.

(a) Course of conduct. A pattern of conduct composed of a series of acts over a period of time which evidences a continuity of purpose.

(b) Credible threat. A threat, expressed or implied, made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to fear for his or her safety or the safety of a family member and to cause reasonable mental anxiety, anguish, or fear.

(c) Harasses. Engages in an intentional course of conduct directed at a specified person which alarms or annoys that person, or interferes with the freedom of movement of that person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress. Constitutionally protected conduct is not included within the definition of this term.

Code of Ala. § 13A-6-93. Construction; similar provisions. (1992)
This article shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this article is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.

Code of Ala. § 13A-6-94. Construction; constitutionality of article. (1992)
This article shall be construed and, if necessary, reconstrued to sustain its constitutionality.


Harassment

Code of Ala. § 13A-11-8. Harassment -- Harassing communications. (1997)
(a) Harassment. --  

(1) A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:

a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.

b. Directs abusive or obscene language or makes an obscene gesture towards another person.

(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.

(3) Harassment is a Class C misdemeanor.

(b) Harassing communications. --  

(1) A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.

b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business telephone communications.

Harassing communications is a Class C misdemeanor.

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Related Offenses

Code of Ala. § 13A-6-130.  Domestic violence in the first degree. (2011)
(a) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20 or aggravated stalking pursuant to Section 13A-6-91, and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment of one year without consideration of probation, parole, good time credits, or any other reduction in time for any second or subsequent conviction under this subsection.

(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the first degree.

Code of Ala. § 13A-6-131.  Domestic violence in the second degree. (2011)
(a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating or engagement relationship with the defendant. Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.

(b) The minimum term of imprisonment imposed under subsection (a) shall be double without consideration of probation, parole, good time credits, or any reduction in time if a defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the second degree.

Code of Ala. § 13A-11-32. Criminal surveillance. (1977)
(a) A person commits the crime of criminal surveillance if he intentionally engages in surveillance while trespassing in a private place.

(b) Criminal surveillance is a Class B misdemeanor.

NOTES: Commentary
Alabama law had no provision expressly covering surveillance. Any coverage would derive from § 5 of the Constitution of Alabama of 1901, which affords a right of privacy to citizens of Alabama.

Criminal surveillance, as defined in this section, is distinguished from criminal eavesdropping, § 13A-11-31, as it must be done through visual observation or photography. The prohibited conduct is surveillance done while one trespasses on private property. Surveillance is defined in § 13A-11-30(3) to mean the secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person observed. A private place is defined in § 13A-11-30(2) to mean a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group of the public has access. A private hotel room would be included while the hotel lobby would not. Section 13A-11-30 makes it clear that surveillance in a private place is a crime. Criminal surveillance occurs when there is a trespass on private property, but not if there is mere observation from a public street. Normally a person has adequate means to protect himself from observation from outside his own property, but this is not true if photographic or other visual devices are installed on his own property without his knowledge or consent.

Since criminal surveillance is much broader than criminal eavesdropping, it is indicated only at the Class B misdemeanor level.

Code of  Ala. § 13A-11-33. Installing an eavesdropping device. (1977)
(a) A person commits the crime of installing an eavesdropping device if he intentionally installs or places a device in a private place with knowledge it is to be used for eavesdropping and without permission of the owner and any lessee or tenant or guest for hire of the private place.

(b) Installing an eavesdropping device in a private place is prima facie evidence of knowledge that the device is to be used for eavesdropping.

(c) Installing an eavesdropping device is a Class C felony.

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