§ 13A-1-2 — Definitions

Unless different meanings are expressly specified in subsequent provisions of this title, the following terms shall have the following meanings:
(1) BOOBY TRAP. Any concealed or camouflaged device designed to cause bodily injury when triggered by any action of a person making contact with the device. This term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases.
(2) BURDEN OF INJECTING THE ISSUE. The term means that the defendant must offer some competent evidence relating to all matters subject to the burden, except that the defendant may rely upon evidence presented by the prosecution in meeting the burden.
(3) CLANDESTINE LABORATORY OPERATION. Any of the following:
a. Purchase or procurement of chemicals, supplies, equipment, or laboratory location for the unlawful manufacture of controlled substances.
b. Transportation or arranging for the transportation of chemicals, supplies, or equipment for the unlawful manufacture of controlled substances.
c. Setting up of equipment or supplies in preparation for the unlawful manufacture of controlled substances.
d. Distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the unlawful manufacture of controlled substances.
(4) CRIME. A misdemeanor or a felony.
(5) DANGEROUS INSTRUMENT. Any instrument, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is highly capable of causing death or serious physical injury. The term includes a “vehicle,” as that term is defined in subdivision (15).
(6) DEADLY PHYSICAL FORCE. Physical force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.
(7) DEADLY WEAPON. A firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or any billy, black-jack, bludgeon, or metal knuckles.
(8) FELONY. An offense for which a sentence to a term of imprisonment in excess of one year is authorized by this title.
(9) MISDEMEANOR. An offense for which a sentence to a term of imprisonment not in excess of one year may be imposed.
(10) OFFENSE. Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state.
(11) PERSON. A human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental instrumentality.
(12) PHYSICAL INJURY. Impairment of physical condition or substantial pain.
(13) POSSESS. To have physical possession or otherwise to exercise dominion or control over tangible property.
(14) SERIOUS PHYSICAL INJURY. Physical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ; or a penetrating gunshot wound inflicted by a firearm as defined in Section 13A-8-1.
(15) VEHICLE. Any “propelled vehicle,” as defined in subdivision (9) of Section 13A-8-1. The term includes any propelled device by which any person or property is transported on land, water, or in the air, and includes motor vehicles, motorcycles, motorboats, and aircraft, and any vessel, whether propelled by machinery or not.
(16) VIOLATION. An offense for which a sentence to a term of imprisonment not in excess of 30 days may be imposed.

Legislative History

(Acts 1977, No. 607, p. 812, §130; Acts 1978, No. 770, p. 1110; Act 2001-971, 3rd Sp. Sess., p. 873, §2; Act 2022-401, §1.)