Defenses to Prosecutions for Theft and Unauthorized Use of Vehicle.
Known as the Alabama Criminal Code
The act spans §§ 13A-10-1 to 13A-9-92 (653 sections).
Applied in 2 court decisions — leading case 501 So. 2d 520 - McCord v. State (1986)
Most recently applied in 851 So. 2d 103 - Fitch v. State (August 2001)
(Acts 1977, No. 607, p. 812, §3230; Acts 1979, No. 79-664, p. 1163, §1.)
(a) It is a defense to a prosecution under Sections 13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him.
(b) The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.