A charge that only supports a citation does not remove anyone from a house. This is the link that killed the previous market.
1 · Ala. Code § 13A-7-2 — criminal trespass in the first degree · secondhand source
“(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor, as those terms are defined in Section 20-2A-3, or on the premises of any cultivation or processing operation that is part of an integrated facility, as defined in Section 20-2A-3. (b) Criminal trespass in the first degree is a Class A misdemeanor.”
SECONDARY: the official Code of Alabama sits behind LexisNexis, which blocks automated retrieval; read on FindLaw and to be confirmed against the official code. The word that carries the weight is "dwelling" — a building used or normally used for sleeping, living or lodging. The grade turns on it.
Read it at the source →2 · Ala. Code §§ 13A-7-3, 13A-7-4 — criminal trespass in the second and third degree · secondhand source
“13A-7-3 (a) A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders. (b) Criminal trespass in the second degree is a Class C misdemeanor. … 13A-7-4 (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. (b) Criminal trespass in the third degree is a violation.”
SECONDARY: read on a reproduction of the code (onecle); confirm against the official text. The ellipsis joins two adjacent sections, quoted in full. This is the link that killed a previous market of ours in another state: an offense can be called "criminal trespass" and still be graded so low that the encounter ends with a piece of paper. In Alabama the grade rises with the building — and a house is the top of that ladder.
Read it at the source →3 · Ala. Code § 13A-7-7, as amended by HB 182 (2024) — burglary in the third degree
“(a) A person commits the crime of burglary in the third degree if any of the following occur: (1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein. … (4) He or she knowingly enters or remains unlawfully in a dwelling and intentionally causes one thousand dollars ($1,000) or more in damage to the dwelling. (b) Burglary in the third degree is a Class C felony.”
Quoted from the enrolled Act with the bill's strike-throughs removed and its underlined insertions applied — i.e. the section as amended. Paragraph (4) is new in 2024. The ellipsis skips paragraphs (2) and (3), which cover occupied and unoccupied buildings on the same terms.
Read it at the source →4 · Ala. Code § 15-10-3(a) — arrest without a warrant · secondhand source
“(a) An officer may arrest a person without a warrant, on any day and at any time in any of the following instances: (1) If a public offense has been committed or a breach of the peace threatened in the presence of the officer. (2) When a felony has been committed, though not in the presence of the officer, by the person arrested. (3) When a felony has been committed and the officer has probable cause to believe that the person arrested committed the felony. (4) When the officer has probable cause to believe that the person arrested has committed a felony, although it may afterwards appear that a felony had not in fact been committed.”
SECONDARY: read on a reproduction of the code (onecle); confirm against the official text. Read the difference between the paragraphs. For a felony, probable cause is enough. For anything less, the statute speaks of an offense in the officer's presence — and trespass in a dwelling is a "remains unlawfully" offense. We draw no conclusion about how that applies to a person standing in your kitchen; that is not ours to draw.
Read it at the source →5 · Alabama HB 182 (2024 Reg. Sess.), enrolled, § 4(d) and § 4(j)
“Law enforcement shall also attempt to verify the identities of all individuals occupying the dwelling and note the identities on the return of service. If appropriate, a law enforcement officer may arrest any individual found in the dwelling for trespass, burglary, theft, or any other criminal act, or for an outstanding warrant. … This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, theft, burglary, or other crimes.”
The ellipsis joins subsection (d) to subsection (j) of the same section; both are quoted in full. Note the words "may" and "if appropriate". The statute grants authority; it does not command anyone. These are the provisions, in order. We have drawn no conclusion from them.
Read it at the source →These are the provisions, in order. We have not drawn a conclusion from them — that is not ours to draw.