DISCLAIMER CONTENTS STATE LIST
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
URL: LEGISLATURE.STATE.AL.US
(a) A person commits
the crime of rape in the first degree if:
(1) He or she engages
in sexual intercourse with a member of the opposite sex by forcible compulsion;
or
(2) He or she engages
in sexual intercourse with a member of the opposite sex who is incapable of
consent by reason of being physically helpless or mentally incapacitated; or
(3) He or she, being 16
years or older, engages in sexual intercourse with a member of the opposite sex
who is less than 12 years old.
(b) Rape in the first
degree is a Class A felony.
(a) A
person commits the crime of rape in the second degree if:
(1)
Being 16 years old or older, he or she engages in sexual intercourse with a
member of the opposite sex less than 16 and more than 12 years old; provided,
however, the actor is at least two years older than the member of the opposite
sex.
(2) He
or she engages in sexual intercourse with a member of the opposite sex who is
incapable of consent by reason of being mentally defective.
(b) Rape
in the second degree is a Class B felony.
(a) A person
commits the crime of sodomy in the first degree if:
(1) He
engages in deviate sexual intercourse with another person by forcible
compulsion; or
(2) He
engages in deviate sexual intercourse with a person who is incapable of consent
by reason of being physically helpless or mentally incapacitated; or
(3) He,
being 16 years old or older, engages in deviate sexual intercourse with a
person who is less than 12 years old.
(b)
Sodomy in the first degree is a Class A felony.
(a) A
person commits the crime of sodomy in the second degree if:
(1) He,
being 16 years old or older, engages in deviate sexual intercourse with another
person less than 16 and more than 12 years old.
(2) He
engages in deviate sexual intercourse with a person who is incapable of consent
by reason of being mentally defective.
(b)
Sodomy in the second degree is a Class B felony.
(a) A
person commits the crime of sexual misconduct if:
(1)
Being a male, he engages in sexual intercourse with a female without her
consent, under circumstances other than those covered by Sections 13A-6-61 and
13A-6-62; or with her consent where consent was obtained by the use of any
fraud or artifice; or
(2)
Being a female, she engages in sexual intercourse with a male without his
consent; or
(3) He
or she engages in deviate sexual intercourse with another person under
circumstances other than those covered by Sections 13A-6-63 and 13A-6-64.
Consent is no defense to a prosecution under this subdivision.
(b)
Sexual misconduct is a Class A misdemeanor.
(a) A
person commits the crime of sexual torture:
(1) By
penetrating the vagina or anus or mouth of another person with an inanimate
object by forcible compulsion with the intent to sexually torture or to
sexually abuse.
(2) By
penetrating the vagina or anus or mouth of a person who is incapable of consent
by reason of physical helplessness or mental incapacity with an inanimate
object, with the intent to sexually torture or to sexually abuse.
(3) By
penetrating the vagina or anus or mouth of a person who is less than 12 years
old with an inanimate object, by a person who is 16 years old or older with the
intent to sexually torture or to sexually abuse.
(b) The
crime of sexual torture is a Class A felony.
(a) A
person commits the crime of sexual abuse in the first degree if:
(1) He
subjects another person to sexual contact by forcible compulsion; or
(2) He
subjects another person to sexual contact who is incapable of consent by reason
of being physically helpless or mentally incapacitated; or
(3) He,
being 16 years old or older, subjects another person to sexual contact who is
less than 12 years old.
(b) Sexual
abuse in the first degree is a Class C felony.
(a) A
person commits the crime of sexual abuse in the second degree if:
(1) He
subjects another person to sexual contact who is incapable of consent by reason
of some factor other than being less than 16 years old; or
(2) He,
being 19 years old or older, subjects another person to sexual contact who is
less than 16 years old, but more than 12 years old.
(b)
Sexual abuse in second degree is a Class A misdemeanor, except that if a person
commits a second or subsequent offense of sexual abuse in the second degree
within one year of another sexual offense, the offense is a Class C felony.
(a) It
shall be unlawful for any person with lascivious intent to entice, allure,
persuade, or invite, or attempt to entice, allure, persuade, or invite, any
child under 16 years of age to enter any vehicle, room, house, office, or other
place for the purpose of proposing to such child the performance of an act of
sexual intercourse or an act which constitutes the offense of sodomy or for the
purpose of proposing the fondling or feeling of the sexual or genital parts of
such child or the breast of such child, or for the purpose of committing an
aggravated assault on such child, or for the purpose of proposing that such
child fondle or feel the sexual or genital parts of such person.
(b) A
violation of this section is a Class C felony.
(a)
Whether or not specifically stated, it is an element of every offense defined
in this article, with the exception of subdivision (a)(3) of Section 13A-6-65,
that the sexual act was committed without consent of the victim.
(b) Lack
of consent results from:
(1)
Forcible compulsion; or
(2)
Incapacity to consent; or
(3) If
the offense charged is sexual abuse, any circumstances, in addition to forcible
compulsion or incapacity to consent, in which the victim does not expressly or
impliedly acquiesce in the actor's conduct.
(c) A
person is deemed incapable of consent if he is:
(1) Less
than 16 years old; or
(2)
Mentally defective; or
(3)
Mentally incapacitated; or
(4)
Physically helpless.
(a) In
addition to the provisions of Section 13A-6-69, a person is guilty of
solicitation of a child by a computer if the person is 19 years of age or older
and the person knowingly, with the intent to commit an unlawful sex act,
entices, induces, persuades, seduces, prevails, advises, coerces, or orders, by
means of a computer, a child who is less than 16 years of age and at least
three years younger than the defendant, to meet with the defendant or any other
person for the purpose of engaging in sexual intercourse, sodomy, or to engage
in a sexual performance, obscene sexual performance, or sexual conduct for his
or her benefit.
(b) For
purposes of determining jurisdiction, the offense is committed in this state if
the transmission that constitutes the offense either originates in this state
or is received in this state.
(c) A
person charged under this section shall be tried as an adult, and the record of
the proceeding shall not be sealed nor subject to expungement.
(d)
Solicitation of a child by computer is a Class B felony.
(a) A
person is guilty of transmitting obscene material to a child if the person
transmits, by means of any computer communication system allowing the input,
output, examination, or transfer of computer programs from one computer to
another, material which, in whole or in part, depicts actual or simulated
nudity, sexual conduct, or sadomasochistic abuse, for the purpose of initiating
or engaging in sexual acts with the child.
(b) For
purposes of determining jurisdiction, the offense is committed in this state if
the transmission that constitutes the offense either originates in this state
or is received in this state.
(c) A
person charged under this section shall be tried as an adult and the record of
the proceeding shall not be sealed nor subject to expungement.
(d)
Transmitting obscene material of engaging in sexual intercourse, sodomy, or to
engage in a sexual performance, obscene sexual performance, or sexual conduct
for his or her benefit to a child is a Class B felony.
(a) A
person commits incest if he marries or engages in sexual intercourse with a
person he knows to be, either legitimately or illegitimately:
(1) His
ancestor or descendant by blood or adoption; or
(2) His
brother or sister of the whole or half-blood or by adoption; or
(3) His
stepchild or stepparent, while the marriage creating the relationship exists;
or
(4) His
aunt, uncle, nephew or niece of the whole or half-blood.
(b) A
person shall not be convicted of incest or of an attempt to commit incest upon
the uncorroborated testimony of the person with whom the offense is alleged to
have been committed.
(c)
Incest is a Class C felony.
The
prosecution of all felonies, except those specified in Sections 15-3-3 and
15-3-5, must be commenced within three years after the commission of the
offense.
(a)
There is no limitation of time within which a prosecution must be commenced
for:
(1) Any
capital offense;
(2) Any
felony involving the use, attempted use, or threat of, violence to a person;
(3) Any
felony involving serious physical injury or death of a person;
(4) Any
sex offense involving a victim under 16 years of age, regardless of whether it
involves force or serious physical injury or death;
(5) Any
felony involving arson of any type;
(6) Any
felony involving forgery of any type;
(7) Any
felony involving counterfeiting; and
(8) Any
felony involving drug trafficking.
(b) The
amendments made by this act shall apply:
(1) To
all crimes committed after January 7, 1985; and
(2) To
all crimes committed before January 7, 1985, for which no statute of
limitations provided under pre-existing law has run as of January 7, 1985.
(c)
Nothing herein shall be construed to mean that the adoption of this act
indicates that any former statute of limitations applying to capital offenses
is invalid as the result of any decision of any court invalidating the capital
punishment statutes of the State of Alabama.
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Revised
04/06