Alabama Sexual Assault Charges

Code of Alabama Title 13A Criminal Code, Chapter 6, Article 4 - Sexual Offenses

• Ala. Code § 13A-6-60: Definitions
• Ala. Code § 13A-6-65: Sexual Misconduct
• Ala. Code § 13A-6-65.1: Sexual Torture
• Ala. Code § 13A-6-66: Sexual Abuse in the First Degree
• Ala. Code § 13A-6-67: Sexual Abuse in the Second Degree
• Ala. Code § 13A-6-68: Indecent Exposure
• Ala. Code § 13A-6-69: Enticing Child to Enter Vehicle, House, Etc., for Immoral Purposes
• Ala. Code § 13A-6-69.1: Sexual Abuse of a Child Less than 12 Years Old
• Ala. Code § 13A-6-70: Lack of Consent
• Ala. Code § 13A-6-71: Foster Parent Engaging in a Sex Act, Etc., with a Foster Child

With regard to sexual abuse crimes, Alabama law defines the following terms as noted below:

Consent

Unless otherwise stated, every element of every offense in Article 4 is that the sexual act occurred without the victim’s consent. “Lack of consent” results from either of the following:

• Forcible compulsion
• Being incapable of consent

A person is incapable of consent if they are either:

• Under 16 years old
• Incapacitated

A person can communicate consent to engage in sexual intercourse, sodomy, sexual acts, or sexual conduct by their words or actions. The existence of a marital, dating, social, or sexual relationship does not constitute consent. Evidence that the victim communicated to the defendant that the defendant should use a condom, other birth control device, or sexually transmitted disease protection does not in and of itself constitute consent without additional evidence. (§ 13A-6-70(a)-(d))

Forcible compulsion

“Forcible compulsion” involves the use (or threatened use) of physical force, violence, confinement, restraint, physical injury, or death to another person. (§ 13A-6-60(1))

Incapacitation

A person is “incapacitated” if they are any of the following:

• They suffer from a mental or developmental disease or disability that renders them incapable of appraising the nature of their conduct. (§ 13A-6-60(2)(a))
• They are temporarily incapable of appraising or controlling their conduct due to the influence of a narcotic, anesthetic, or intoxicating substance, and the defendant knew or should have known of the person’s condition. (§ 13A-6-60(2)(b))
• They are unable to give consent or unable to communicate an unwillingness to an act because they are unconscious, asleep, or otherwise physically limited or unable to communicate. (§ 13A-6-60(2)(c))

Sexual contact

“Sexual contact” refers to the touching of another person’s sexual or other intimate parts for the gratification of either party’s sexual desire. (§ 13A-6-60(3))

Sexual intercourse

“Sexual intercourse” has its ordinary meaning and occurs upon any penetration. (§ 13A-6-60(4))

Sodomy

“Sodomy” is a sexual act involving the mouth or anus of one person and the genitals of another person. (§ 13A-6-60(5))

A person who does any of the following commits sexual misconduct:

• Engages in sexual intercourse with another person without their consent (other than first- or second-degree rape). (§ 13A-6-65(a)(1))
• Engages in sexual intercourse with someone who consented, but the actor obtained the victim’s consent through the use of fraud or artifice. (§ 13A-6-65(a)(1))
• Engages in sodomy with another person without their consent (other than first- or second-degree sodomy). (§ 13A-6-65(a)(2))
• Engages in sodomy with another person who consented, but the actor obtained the victim’s consent through the use of fraud or artifice. (§ 13A-6-65(a)(2))
• Engages in sexual contact with another person without their consent (other than first- or second-degree sexual abuse or sexual abuse of a child under 12 years of age). (§ 13A-6-65(a)(3))
• Engages in sexual contact with another person who consented, but the actor obtained the victim’s consent through the use of fraud or artifice. (§ 13A-6-65(a)(3))

Sexual misconduct is a Class A misdemeanor. (§ 13A-6-65(b))

A person who does any of the following acts with the intent to sexually torture, sexually abuse, or gratify the sexual desire of either party commits sexual torture:

• Penetrates a person’s vagina, anus, or mouth with an inanimate object by forcible compulsion. (§ 13A-6-65.1(a)(1))
• Penetrates a person’s vagina, anus, or mouth with an inanimate object, and the person is incapable of consent due to their incapacitation. (§ 13A-6-65.1(a)(2))
• Penetrates the vagina, anus, or mouth of a person who is less than 12 years old, and the actor is 16 years old or older. (§ 13A-6-65.1(a)(3))
• Inflicts physical injury to another person’s sex organs or intimate parts (e.g., burn, crush, wound, mutilate, assault, etc.) (§ 13A-6-65.1(a)(4))

Sexual torture is a Class A felony. (§ 13A-6-65.1(b))

A person commits sexual abuse in the first degree if they do any of the following:

• Subjects a person to sexual contact through the use of forcible compulsion. (§ 13A-6-66(a)(1))
• Subjects a person who is incapable of consent due to incapacitation to sexual contact. (§ 13A-6-66(a)(2))

Sexual abuse in the first degree is a Class C felony. (§ 13A-6-66(b))

A person commits sexual abuse in the second degree if they do any of the following:

• Subjects a person to sexual contact, and the victim is incapable of consent for reasons other than being younger than 16 years old. (§ 13A-6-67(a)(1))

• A person who is 19 years old or older subjects another person who is less than 16 years old but more than 12 years old to sexual contact. (§ 13A-6-67(a)(2))

Sexual abuse in the second degree is a Class A misdemeanor. However, the following exceptions apply:

• If a person commits a second or subsequent second-degree sexual abuse offense within one year of another sexual offense, it is a Class C felony. (§ 13A-6-67(b))
• If a person violates § 13A-6-67(a)(2) and they are at least 15 years older than the victim, it is a Class C felony. (§ 13A-6-67(c))

A person who exposes their genitals under circumstances that they know are likely to cause affront or alarm, and, by doing so, they intend to arouse or gratify their own sexual desire (or that of another person other than their spouse) commits the crime of indecent exposure. (§ 13A-6-68(a))

Indecent exposure is a Class A misdemeanor. However, a third or subsequent conviction for indecent exposure is a Class C felony. (§ 13A-6-68(b))

It is unlawful for a person with lascivious intent to entice, allure, persuade, or invite a child under 16 years old to enter a vehicle, room, house, office, or other place for the following purposes (§ 13A-6-69(a)):

• Proposing to the child the performance of an act of sexual intercourse
• Proposing to the child the performance of an act that constitutes sodomy
• Proposing the fondling or feeling of the child’s sexual parts, genital parts, or breasts
• Committing an aggravated assault on the child
• Proposing that the child fondle or feel the person’s sexual or genital parts

Enticing a child for immoral purposes is a Class C felony. (§ 13A-6-69(b))

A person who is 16 years old or older who subjects another person who is less than 12 years old to sexual contact commits the crime of sexual abuse of a child less than 12 years old. (§ 13A-6-69.1(a))

Sexual abuse of a child less than 12 years old is a Class B felony. (§ 13A-6-69.1(b))

A person who is a foster parent to a foster child and engages in the following commits the following crimes:

• They engage in sexual intercourse or sodomy with a foster child under the age of 19 who is under their care. Engaging in a sex act with a foster child is a Class B felony. (§ 13A-6-71(a))
• They engage in sexual contact with a foster child under the age of 19 who is under their care or supervision. Engaging in sexual contact with a foster child is a Class C felony. (§ 13A-6-71(b))
• They solicit, persuade, encourage, harass, or entice a foster child under the age of 19 to engage in a sex act, including sexual intercourse, sodomy, or sexual contact. The crime of soliciting a sex act or sexual contact with a foster child is a Class A misdemeanor. (§ 13A-6-71(c))

Consent is not a defense to the crimes listed in § 13A-6-71. (§ 13A-6-71(d))

Class A Felony:

A mandatory minimum sentence of 10 years, up to 99 years, and up to a $60,000 fine. (§§ 13A-5-6(a)(1); 13A-5-11(a)(1)).

If the convicted person used a firearm or deadly weapon or committed a Class A felony sex offense involving a child, a mandatory minimum sentence of 20 years. (§ 13A-5-6(a)(5))

Class B Felony:

A mandatory minimum sentence of imprisonment of two years, up to 20 years, and a fine of up to $30,000. (§§ 13A-5-6(a)(2); 13A-5-11(a)(2))

If the convicted person used a firearm or deadly weapon or committed a Class B felony sex offense involving a child, a mandatory minimum sentence of 10 years. (§ 13A-5-6(a)(6))

Class C Felony:

A mandatory minimum sentence of imprisonment of one year and one day, up to 10 years, and a fine of up to $15,000. (§§ 13A-5-6(a)(3); 13A-5-11(a)(3))

If the convicted person used a firearm or deadly weapon, a mandatory minimum sentence of 10 years. (§ 13A-5-6(a)(6))

Class A Misdemeanor:

Up to one year of incarceration and a fine of up to $6,000. (§§ 13A-5-7(a)(1); 13A-5-12(a)(1))

Life Imprisonment Without the Possibility of Parole

A person convicted of the following offenses faces a life sentence without the possibility of parole if they were 21 years or older at the time of the offense, and the victim was six years old or younger at the time of the offense (§ 13A-5-6(d)):

• First-degree rape (§ 13A-6-61)
• First-degree sodomy (§ 13A-6-63)
• Sexual torture (§ 13A-6-65.1)

In addition to the above-listed sentences and fines, more severe penalties may apply to habitual offenders. For a full list of criminal penalties for felony sex crimes, visit FindLaw’s Alabama Felony Sentencing article.