Alabama § 13A-11-36 Defenses to Prosecutions Under Article

Alabama Statutes

§ 13A-11-36 — Defenses to Prosecutions Under Article

Alabama·Title 13A Criminal Code·Ch. 11 Offenses Against Public Order and Safety·Art. 2 Offenses Against Privacy

(a)A person does not commit a crime under this article if:

(1)He was a peace officer engaged in the lawful performance of his duties; or

(2)He was an officer, employee or agent of a communication common carrier who, while acting in the normal course of his employment, and while engaged in any activity which was a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication, intercepted, disclosed or used a communication transmitted through the facilities of that carrier; or

(3)He relies in good faith on a lawful court order or legislative authorization.

(b)The burden of injecting the issue under subsection (a) is on the defendant, but this does not shift the burden of proof.

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(a) A person does not commit a crime under this article if:
(1) He was a peace officer engaged in the lawful performance of his duties; or
(2) He was an officer, employee or agent of a communication common carrier who, while acting in the normal course of his employment, and while engaged in any activity which was a necessary incident to the rendition of his service or to the protection of the rights or property of the carrier of such communication, intercepted, disclosed or used a communication transmitted through the facilities of that carrier; or
(3) He relies in good faith on a lawful court order or legislative authorization.
(b) The burden of injecting the issue under subsection (a) is on the defendant, but this does not shift the burden of proof.

Alabama § 13A-11-36 (Defenses to Prosecutions Under Article) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.