HB208 Alabama 2022 Session

Summary

Primary Sponsor

Margie WilcoxRepresentative

Republican

Session

Regular Session 2022

Title

Crimes and offenses, aggravated menacing, menacing further provided for, violent offenses, domestic violence 2nd further provided for, establish penalties for violations, Sec. 13A-6-23.1 added; Secs. 12-25-32, 13A-6-23, 13A-6-131 am'd.

Summary

HB208 would create aggravated menacing, raise penalties for menacing, and add aggravated menacing to domestic violence second degree and to the violent offenses list.

What This Bill Does

Creates a new crime called aggravated menacing, punishable as a Class C felony when a person uses a firearm or something that a reasonable person could perceive as a firearm to place someone in fear of imminent serious physical injury. It also raises the penalty for the existing crime of menacing from a Class B misdemeanor to a Class A misdemeanor. It adds aggravated menacing to domestic violence in the second degree and to the list of violent offenses for sentencing purposes. The bill includes a provision about local funding requirements and states it would be exempt from those local-funding rules; it becomes effective immediately after the governor signs it.

Who It Affects

• Offenders and potential defendants would face stiffer penalties: menacing becomes a Class A misdemeanor, and aggravated menacing becomes a Class C felony, with violent-offender implications.
• Domestic violence victims and household/relationship groups (such as spouses, parents/children, household members, or dating partners) would be affected because aggravated menacing would qualify as domestic violence in the second degree, with specific sentencing rules and minimums.

Key Provisions

• Creates aggravated menacing (13A-6-23.1): a person commits this crime if, by use of a firearm or an object perceived as a firearm, they intentionally place or attempt to place another person in fear of imminent serious physical injury; it is a Class C felony.
• Affects menacing (13A-6-23): changes the penalty to a Class A misdemeanor (previously Class B).
• Adds aggravated menacing to domestic violence in the second degree (13A-6-131): makes aggravated menacing a factor in DV2 when victim is a current/former spouse, parent/step-parent, child/step-child, someone with whom the defendant has a child, or a present household member or dating partner; sets a minimum six-month imprisonment, with a twofold increase in minimum term if a protection order is willfully violated or the offense is in the presence of a child under 14; requires written findings and, if jury trial, a special verdict on presence of a child.
• Adds aggravated menacing to the violent offenses list (Sec. 12-25-32): classifies aggravated menacing as a violent offense for sentencing purposes.
• Local-funding provision (Section 4): the bill is exempt from Amendment 621 local-funding approval requirements because it defines a new or amended crime.
• Effective date (Section 5): becomes law immediately after governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses