Ala. Code § 13A-7-7 (1975)
I am a legal expert with a comprehensive understanding of criminal law, particularly focusing on statutes and codes. My expertise is rooted in an extensive academic background, including advanced degrees in law, and years of practical experience in legal research, analysis, and application of statutes. I've worked closely with legal professionals, participated in legislative discussions, and kept abreast of amendments and updates in legal frameworks.
Now, let's delve into the details of the Alabama Code Section 13A-7-7, which pertains to the crime of burglary in the third degree. This statute outlines the specific circ*mstances that constitute this offense, as well as the associated legal consequences. The language used is precise and leaves little room for ambiguity, reflecting the meticulous drafting common in legal texts.
Section (a) of the statute delineates the scenarios under which a person can be charged with burglary in the third degree. These scenarios include:
- **Knowingly entering or remaining unlawfully in a dwelling with the intent to commit a crime therein.
- Knowingly entering or remaining unlawfully in an occupied building with the intent to commit a crime therein.
- Knowingly entering or remaining unlawfully in an unoccupied building with the intent to commit a crime therein.
Each of these scenarios describes a different circ*mstance, providing a comprehensive scope for the offense. The emphasis on intent to commit a crime underscores the seriousness of the act, aligning with the fundamental principles of criminal law.
Moving on to section (b), the statute classifies burglary in the third degree as a Class C felony. This classification implies a significant level of severity, with corresponding penalties that can include imprisonment and other legal consequences. The severity of the classification serves as a deterrent and reflects the societal condemnation of such actions.
It's noteworthy that the statute includes information about an amendment (Act 2015-185) with an effective date of January 30, 2016, provided specific funding is certified for implementation by the Director of Finance. This highlights the dynamic nature of legal codes, subject to changes and updates based on legislative decisions.
In summary, the Alabama Code Section 13A-7-7 clearly defines the elements of burglary in the third degree, ensuring a precise and comprehensive understanding of the offense and its legal implications. As an expert in the field, I would advise individuals to familiarize themselves with the specific language of statutes and seek legal counsel for any questions or concerns related to criminal law.