By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 13, 2023
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It's well-known that nonconsensual sexual activities, like rape and sexual assault, are illegal. However, it might not be as well-known that some laws also prohibit certain consensual sexual activities. You might also not be aware that, throughout history, laws have prohibited certain sexual activities that are now completely legal.
For example, all states at one time used anti-sodomy laws to criminalize sexual activity between same-sex partners. However, that changed in 2003.
In that year, the U.S. Supreme Court heard Lawrence v. Texas. In that case, a man challenged his conviction in Texas for violating an anti-sodomy law in that state. For having sex in the privacy of his own home with another man, he was convicted of violating that law. However, the Supreme Court ruled that law unconstitutional and unenforceable. In the wake of the Supreme Court's decision, all anti-sodomy laws in all states, as they apply to consenting adults, became unconstitutional and unenforceable.
The follow table lays out laws related to sexual activity in Alabama:
| Sodomy | Under 13A-6-63, it is a crime to engage in the act of sodomy if a party to the offense is under the age of consent, a child, unable to consent, forced to engage in the sexual activity, or incapacitated. It's important to note again that sodomy, involving consenting adults, is not a crime. |
| Penalty for Sodomy | Under 13A-6-63, sodomy is treated as a felony. |
| Age of Consent | Under most circumstances, the age of consent in Alabama is 16. The crime of engaging in sexual activity with someone under the age of consent is referred to as statutory rape. For information about statutory rape, consider reviewing FindLaw's page on the subject. |
| Knowing STD/HIV Exposure | Under Section 22-11A-21, it is a crime for a person that has an STI or STD to knowingly transmit that infection to another person. It is also a crime to knowingly put another person at risk of contracting such an infection. This offense is treated as a Class C misdemeanor. |
| Indecent Exposure | Under Section 13A-6-68, indecent exposure is a crime. It is treated as a Class A misdemeanor. Third or subsequent offenses are treated as a Class C felony. |
| Public Lewdness | Under Section 13A-12-130, public lewdness is a crime. It is treated as a Class C Misdemeanor. |
| Prostitution & Other Related Offenses | Under §13A-12-113 and §13A-12-112, it is a crime to promote prostitution. "Promoting prostitution" refers to a variety of activities. Examples of such activities are owning or operating a place where prostitution takes place. However, it can also refer to finding clients for a prostitute in the way that a "pimp" does. It is punished in a variety of ways, ranging from as a Class A Misdemeanor to Class C Felony. The specifics of the offense dictate the nature of the penalties. Consider reviewing the statutes linked immediately above for more information.Under §13A-12-121 and §13A-12-122, it is a crime to work as a prostitute. Generally speaking, prostitution is defined as engaging in sexual activity in exchange for compensation. Offenses are treated in a handful of different ways, from as a Class A Misdemeanor to a Class B Felony. How offenses are treated depend on the specifics of the offense. Consider reviewing the statutes linked immediately above for more information. |
Note: As state laws change frequently, it's important to conduct your own legal research to verify any laws you're researching or contact an experienced Alabama sex crimes lawyer.
Consider reviewing the following resources for more information about all laws in Alabama, including those related to sexual activity:
Also consider reviewing the following resources, as well, for more information about legal issues and laws related to sexuality:
If you've been accused of a sex crime, you'll want to know how this will affect your life. It's advised that you contact a qualified criminal defense attorney in Alabama, if you've been accused of such a crime or are facing charges for such a crime.
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