Section 13A-11-61.1 - Discharging into a school bus or school building(a) No person shall shoot or discharge a firearm into an occupied or unoccupied school bus or school building.(1) A person who shoots or discharges a firearm into an occupied school bus or school building shall be guilty of a Class B felony.(2) A person who shoots or discharges a firearm into an unoccupied school bus or school building shall be guilty of a Class C felony.(b) No person shall shoot or discharge a firearm on school property.(1) A person who shoots or discharges a firearm on school property during school hours or during school activities after school hours, shall be guilty of a Class B felony.(2) In circumstances other than those provided in subdivision (1), a person who shoots or discharges a firearm on school property shall be guilty of a Class C felony.(c) A person shall not be in violation of this section if the person is justified in using physical force pursuant to Section 13A-3-23.(d) A person shall not be in violation of this section if he or she is engaging in an organized competition or school system sanctioned event involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. § 501 (c)(3) which uses firearms as part of the performance or is on land leased from a school system.(e) For the purposes of this section, "school property" does not include sixteenth section land or school lands, pursuant to Section 16-20-1, held in trust for the benefit of a school district, that do not have any school buildings, and that is not actively used for the purpose of providing educational or recreational activities to students.(f)() A person shall not be in violation of this section if he or she is under 19 years of age.(g) This section shall not be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this section is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied.Ala. Code § 13A-11-61.1 (1975)
Amended by Act 2023-370,§ 1, eff. 9/1/2023.Act 2006-539, p. 1242, §§1, 2.