§ 13A-11-227 — Operation of a Vehicle Containing a False or Secret Compartment

Alabama § 13A-11-227

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 11: Offenses Against Public Order and Safety
• Art. 10: Miscellaneous Offenses Relating to Public Safety

Text

(a)(1) It is unlawful for any person to operate any vehicle with knowledge that the vehicle contains a false or secret compartment, the purpose of which compartment is to conceal, hide, or prevent discovery of any one or more of the following by a law enforcement officer:
a. A person concealed for an unlawful purpose.
b. A controlled substance possessed in violation of Article 5, Chapter 12 of this title.
c. Contraband, as defined under Section 20-2-93.
(2) It is unlawful for any person to install, create, build, or fabricate in any vehicle a false or secret compartment, the purpose of which compartment is to conceal, hide, or prevent discovery of any one or more of the following by a law enforcement officer:
a. A person concealed for an unlawful purpose.
b. A controlled substance possessed in violation of Article 5, Chapter 12 of this title.
c. Contraband, as defined under Section 20-2-93.
(3) It is unlawful for any person to sell, trade, or otherwise dispose of a vehicle with knowledge that the vehicle is in violation of this section.
(b) As used in this section, the term “false or secret compartment” does not include compartments that existed in or on the motor vehicle at the time of manufacturing, or accessories offered by the motor vehicle manufacturer, distributor, or licensed dealer.
(c) A legal inference of fact may be inferred that the operator of a vehicle seized in violation of this section had knowledge of a false or secret compartment on the vehicle if the vehicle has a false or secret compartment to which any of the following apply:
(1) The compartment is concealing a person for any unlawful purpose, or there is evidence of the previous concealment of a person for an unlawful purpose.
(2) The compartment is concealing a controlled substance possessed in violation of Article 5, Chapter 12 of this title, or there is evidence of previous unlawful possession of controlled substances.
(3) The compartment is concealing contraband, as defined under Section 20-2-93, or there is evidence of previous concealment of contraband.
(d) Any vehicle seized under this section shall be deemed contraband and may be forfeited pursuant to Section 20-2-93.
(e)(1) Except as provided in subdivision (2), any person who violates this section shall be guilty of a Class A misdemeanor.
(2) A person who violates subdivision (c)(1) shall be guilty of a Class B felony.
(3) Any person who violates this section shall be required to pay a fine of not more than sixty thousand dollars ($60,000).

Legislative History

(Act 2022-418, §1.)