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Sexual Assault/Rape Laws in Alabama

 

Sexual Abuse

Section 13A-6-60
Definitions.
The following definitions apply in this article:

  1. Sexual intercourse.
    Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
  2. Deviate sexual intercourse.
    Any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another.
  3. Sexual contact.
    Any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party.
  4. Female.
    Any female person.
  5. Mentally defective.
    Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.
  6. Mentally incapacitated.
    Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent.
  7. Physically helpless.
    Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
  8. Forcible compulsion.
    Physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.
(Acts 1977, No. 607, p. 812, 2301; Acts 1988, No. 88-339, p. 515.)
Section 13A-6-61
Rape in the first degree.
  1. A male commits the crime of rape in the first degree if:
    1. He engages in sexual intercourse with a female by forcible compulsion; or
    2. He engages in sexual intercourse with a female who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
    3. He, being 16 years or older, engages in sexual intercourse with a female who is less than 12 years old.

  2. Rape in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, 2310.)
Section 13A-6-62
Rape in the second degree.
  1. A male commits the crime of rape in the second degree if:
    1. 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, the actor is at least two years older than the female.
    2. He engages in sexual intercourse with a female who is incapable of consent by reason of being mentally defective.

  2. Rape in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, 2311; Acts 1979, No. 79-471, p. 862, 1; Acts 1987, No. 87-607, p. 1056, 2.)
Section 13A-6-63
Sodomy in the first degree.
  1. 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.

  2. Sodomy in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, 2315.)
Section 13A-6-64
Sodomy in the second degree.
  1. 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.

  2. Sodomy in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, 2316; Acts 1979, No. 79-471, p. 862, 1; Acts 1987, No. 87-607, p. 1056, 3.)
Section 13A-6-65
Sexual misconduct.
  1. 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.

  2. Sexual misconduct is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, 2318.)
Section 13A-6-65.1
Sexual torture.
  1. 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.

  2. The crime of sexual torture is a Class A felony.
(Acts 1993, No. 93-606, 1.)
Section 13A-6-66
Sexual abuse in the first degree.
  1. 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.

  2. Sexual abuse in the first degree is a Class C felony.
(Acts 1977, No. 607, p. 812, 2320.)
Section 13A-6-67
Sexual abuse in the second degree.
  1. 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.

  2. Sexual abuse in second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, 2321.)
Section 13A-6-68
Indecent exposure.
  1. A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such private premises.


  2. Indecent exposure is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, 2325.)
Section 13A-6-69
Enticing child to enter vehicle, house, etc., for immoral purposes.


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.

Any person violating the provisions of this section shall, for the first violation, be punished by a fine not to exceed $5,000.00 or by confinement for a term not to exceed five years, or by both fine and imprisonment; and any person who shall be convicted for the second violation of this section shall be punished by confinement in the penitentiary for not less than two nor more than 10 years, and such person shall not be eligible for probation.

(Acts 1967, No. 388, p. 976; Code 1975, 13-1-114.)
Section 13A-6-70
Lack of consent.
  1. 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.


  2. 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.

  3. 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.
(Acts 1977, No. 607, p. 812, 2330.)


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