Sexual Assault Laws of Alabama
13A-6-61. Rape in the first degree
A male commits the crime of rape in the first degree if:
He engages in sexual intercourse with a female by forcible compulsion; or He engages in sexual intercourse with a female who is incapable of consent by reason of being physically helpless or mentally incapacitated; or He, being 16 years or older, engages in sexual intercourse with a female who is less than 12 years old.
13A-6-62. Rape in the second degree
A male commits the crime of rape in the second degree if :
Being 16 years old or older, he engages in sexual intercourse with a female less than 16 and more than 12 years old; provided, however, he is at least two years older than the female.
He engages in sexual intercourse with a female who is incapable of consent by reason of being mentally defective.
13A-6-63. Sodomy in the first degree
A person commits the crime of sodomy in the first degree if:
He engages in deviate sexual intercourse with another person by forcible compulsion; or
He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.
13A-6-64. Sodomy in the second degree
A person commits the crime of sodomy in the second degree if:
He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old; or
He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.
13A-6-65. Sexual misconduct
A person commits the crime of sexual misconduct if:
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
Being a female, she engages in sexual intercourse with a male without his consent; or
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.
13A-6-66. Sexual abuse in the first degree.
A person commits the crime of sexual abuse in the first degree if:
He subjects another person to sexual contact by forcible compulsion; or
He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
He, being 16 years old or older, subjects another person to sexual contact who is less than 12 years old.
13A-6-67. Sexual abuse in the second degree
A person commits the crime of sexual abuse in the second degree if:
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
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.
Compiled and edited by: Eleanor I. Brooks, J.D. Chief Deputy District Attorney, Fifteenth Judicial Circuit of Alabama, Montgomery County Courthouse, June 30, 1988
Update 06-23-01: Comments
Two whom it may concern, I just broke three fingers, including a thumb, and am trying
through it type through the funny pills they gave em when my hand was too much. Not just a
little off balance, but sharp as a tac. So to speak, sharp as an attack on a condistional
status law in Alabama. Overall age of consent there is varied to at least three t's.
16 is the default.
18 inclusive applies for many criminal statutes where the girl is hangin out with a boy
her Mama dont approave of.
The boy who passed the joint to the 18/9 year old gets hit on liberties and endangerment.
But the really interesting part is marriage. 14 year olds are allowed to marry
(Legistlature sure just dropped that ole ball, heh.) in the State fo Alabama.
So we know:
*Alabama has a law saying no on under 16 year olds can have sex.
**Alabama has a law saying chiulder over 14 year olds can marry.
***Alabama must either forbid these two married children from having sex, --OR--
Alabama must say married children 14&15 can have sex but unmarried cant.
$States may not discriminate btw married and unmattered couples in relation to their
sexuality by Griswold, Loving, and Redhail.
source: http://www.adfs.state.al.us/laws.htm
07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:
http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF
Source: http://www.prairienet.org/~scruffy/f.htm
Source: http://www.washlaw.edu/uslaw/statelaw.html (all states)