(a) It is a defense to a prosecution under Sections property – Definition; limitations period” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”13A”>13A-8-2 through 13A-8-11 (theft of property, theft of lost property, theft of services and unauthorized use of vehicle) that the actor honestly believed that he had a claim to the property or services involved which he was entitled to assert in the manner which forms the basis for the charge against him.
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Terms Used In Alabama Code 13A-8-12

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • property: includes both real and personal property. See Alabama Code 1-1-1
(b) The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
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