Alabama
Alabama Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 29, 2026). · 29 primary sources cited on this page. How we verify our legal content
Alabama's general age-based criminal protections for minors run to age 16 under Ala. Code § 13A-6-70, and most of the structure is tiered by the child's age, the actor's age and the type of conduct. Separate school-employee, foster-parent and clergy-member offenses protect persons under 19.
To report a concern: if a child is in immediate danger, call 911. For Alabama, the Department of Human Resources page says: "Please call your County Department of Human Resources or local law enforcement agency to report suspected abuse or neglect." The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-28. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Alabama's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. The text of Alabama's Code is published on the state legislature's ALISON site, and each cite below links to it.
This page describes the main age-based sexual offense statutes. Other Alabama statutes, such as those on child sexual abuse material, also protect minors, and one of them can apply even where none of the offenses described here does.
How Alabama law protects minors by age
Alabama's Code deems a person incapable of consent if he or she is "Less than 16 years old" (Ala. Code § 13A-6-70). The general rape, sodomy and sexual-abuse offenses in Chapter 6 of Title 13A that turn on the child's age apply to persons under 16, and the tiers below depend on the child's age and the actor's age.
Under 12
Under Ala. Code § 13A-6-61, a person aged 16 or older who engages in sexual intercourse with a person less than 12 years old commits rape in the first degree. Ala. Code § 13A-6-63 sets the parallel offense of sodomy in the first degree. No age-difference condition applies to these offenses: the elements are the actor being 16 or older and the child being under 12.
Ala. Code § 13A-6-69.1 separately makes it sexual abuse of a child less than 12 years old for an actor aged 16 or older to subject a person under 12 to sexual contact.
Ages 12 to 15
Ala. Code § 13A-6-62 makes it rape in the second degree for an actor aged 16 or older to engage in sexual intercourse with a person "12 years old or older, but less than 16 years old," and adds "provided, however, the actor is at least two years older than the other person." Ala. Code § 13A-6-64 follows the same structure for sodomy in the second degree.
For sexual contact, Ala. Code § 13A-6-67 defines sexual abuse in the second degree to include an actor aged 19 or older subjecting a person "who is less than 16 years old, but more than 12 years old" to sexual contact.
Summary table
| Child's age | Offense | Actor conditions | Cite |
|---|---|---|---|
| Under 12 | Rape / sodomy, first degree | Actor 16 or older | §§ 13A-6-61(a)(3), 13A-6-63(a)(3) |
| Under 12 | Sexual abuse of a child less than 12 | Actor 16 or older; sexual contact | § 13A-6-69.1 |
| 12 to 15 | Rape / sodomy, second degree | Actor 16 or older and at least two years older | §§ 13A-6-62, 13A-6-64 |
| More than 12, under 16 | Sexual abuse, second degree | Actor 19 or older; sexual contact | § 13A-6-67(a)(2) |
| Student under 19 | School employee offenses | Actor is a school employee | §§ 13A-6-81, 13A-6-82 |
Age-difference provisions
In the second-degree rape and sodomy offenses, the two-year age difference is written into the statute as an element of the offense: the statute describes the offense as requiring that the actor be 16 or older and at least two years older than the other person. The sexual-contact offense in Ala. Code § 13A-6-67 uses a different actor age (19 or older). No age-difference condition appears in the under-12 offenses. Separately, Ala. Code § 13A-6-65 defines sexual misconduct, a Class A misdemeanor, to include sexual intercourse, sodomy or sexual contact without consent "under circumstances other than those covered by" the rape, sodomy and sexual-abuse sections, and § 13A-6-70 deems a person under 16 incapable of consent. This page does not summarize how that provision is applied.
Positions of trust and authority
Alabama's school-employee offenses protect a "student," defined in Ala. Code § 13A-6-80 as "any person under the age of 19 years enrolled or attending classes in a licensed or accredited public, private, or church school that offers instruction in grades K-12." The offenses also cover a student under 22 who is a "protected person" as defined in Ala. Code § 15-25-1, which refers to a person with a qualifying developmental disability.
The covered school employees are named in the statute as "a teacher, school administrator, student teacher, safety or resource officer, coach, adult volunteer in a position of authority or any other school employee who has contact with a student in his or her official capacity." Under Ala. Code § 13A-6-81, the statute states that "Consent is not a defense to a charge under this section." Ala. Code § 13A-6-82 covers sexual contact and soliciting a sex act, and states that consent is not a defense to the sexual-contact charge.
A separate offense in Ala. Code § 13A-6-71 applies to a foster parent approved or licensed by the Department of Human Resources or another child placing agency. A sex act with a foster child under 19 who is under the foster parent's care or supervision is a Class B felony, sexual contact is a Class C felony, and soliciting a sex act or sexual contact is a Class A misdemeanor. The statute states: "Consent is not a defense to a charge under subsections (a), (b), or (c)."
Clergy members are covered by Ala. Code § 13A-6-85 through § 13A-6-88. For these offenses a "child" is "A person under 19 years of age or a protected person under 22 years of age, as defined in Section 15-25-1," and a clergy member is a duly ordained, licensed or commissioned minister, pastor, priest, rabbi or practitioner of a bona fide church or religious organization, or a person who regularly devotes a substantial portion of his or her time to its service as a vocation, who is "in a position of trust or authority over the child." Sexual intercourse or sodomy with the child is a Class B felony under § 13A-6-86, and sexual contact or soliciting a sex act is a Class C felony under § 13A-6-87. Each of those sections states: "Consent is not a defense to a charge under this section."
Penalties
Alabama grades each offense by felony or misdemeanor class. The authorized ranges below come from Ala. Code § 13A-5-6, § 13A-5-7, § 13A-5-11 and § 13A-5-12 (fines).
| Offense | Grade | Authorized range as stated in the Code |
|---|---|---|
| Rape / sodomy, first degree (victim under 12), through September 30, 2026 | Class A felony | Life or not more than 99 years or less than 10 years, and not less than 20 years because the victim is a child under 12 as defined in § 15-20A-4; fine up to $60,000. For October 1, 2026 onward, see the changes section below |
| Sexual abuse of a child less than 12 | Class B felony | Not more than 20 years or less than 2 years; not less than 10 years for a Class B felony sex offense involving a child; fine up to $30,000 |
| Rape / sodomy, second degree | Class B felony | Not more than 20 years or less than 2 years; fine up to $30,000 |
| Sexual abuse, second degree | Class A misdemeanor; Class C felony if the actor is at least 15 years older than the victim, or on a second or subsequent offense within one year of another sexual offense | Misdemeanor: not more than one year, fine up to $6,000. Class C felony: not more than 10 years or less than one year and one day, fine up to $15,000 |
| School employee, sex act with a student | Class B felony | Not more than 20 years or less than 2 years; fine up to $30,000 |
| School employee, sexual contact with a student | Class C felony | Not more than 10 years or less than one year and one day; fine up to $15,000 |
| School employee, soliciting a sex act | Class A misdemeanor | Not more than one year; fine up to $6,000 |
The Code also provides additional penalties for some first-degree offenses. A sentencing judge must impose "not less than 10 years of post-release supervision" for a Class A felony sex offense involving a child (a victim under 12, as defined in § 15-20A-4) where the offender is sentenced to a county jail or the Department of Corrections, and life imprisonment without parole applies where the defendant was 21 or older and the victim was six or younger (Ala. Code § 13A-5-6).
Other offenses with age elements
Some offenses outside the rape, sodomy and sexual-abuse sections also turn on a minor's age. Incest under Ala. Code § 13A-13-3, which covers sexual intercourse with listed relatives including a stepchild while the marriage creating the relationship exists, is a Class C felony, and a Class A felony "Where the victim is under 17 years of age on the date of the offense." Enticing a child under 16 into a vehicle, house or other place for the purpose of proposing a sexual act is a Class C felony (§ 13A-6-69). Electronic solicitation of a child under 16 who is "at least three years younger than the defendant" is a Class B felony (§ 13A-6-122; § 13A-6-120). Giving or attempting to give anything of value to engage in sexual conduct with a minor is human trafficking in the first degree, a Class A felony, and for that offense a minor is "A person under the age of 19" (§ 13A-6-151, § 13A-6-152).
Sex offender registration
Alabama's registration chapter lists first- and second-degree rape, first- and second-degree sodomy, second-degree sexual abuse, sexual abuse of a child less than 12, and the school-employee offenses as sex offenses (Ala. Code § 15-20A-5). The statute also says a juvenile adjudicated delinquent of second-degree rape or sodomy "is presumed to be exempt from this chapter" after counseling, unless the sentencing court decides otherwise.
Changes taking effect October 1, 2026
Act 2026-55 (HB41) takes effect on October 1, 2026. The age elements are unchanged. From that date, first-degree rape, first-degree sodomy and sexual torture (§ 13A-6-65.1, which includes penetration of a person less than 12 with an inanimate object by a person 16 or older) where the victim is less than 12 become capital offenses under § 13A-5-40, and § 13A-6-61(b) provides that the punishment for a violation of subdivision (a)(3) is "as determined and fixed as provided in Article 2 of Chapter 5." A defendant sentenced to life imprisonment on a capital offense must serve a minimum of 30 years before first consideration of parole.
Through September 30, 2026, first-degree rape is graded as a Class A felony as shown above. Act 2026-375 also amends the registration offense list in Ala. Code § 15-20A-5 from October 1, 2026, and the version effective on that date continues to list each offense named in the registration section above. The wording of the age elements also changes from "years old" to "years of age" without altering the ages.
Where to report
If a child is in immediate danger, call 911. Alabama's Department of Human Resources directs reporters to a county Department of Human Resources office or local law enforcement. The page lists no single statewide hotline number. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.
Disclaimer
This page is general legal information about Alabama criminal statutes as verified on 2026-09-28. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Alabama.
Related articles
Frequently Asked Questions
What does 'incapable of consent' mean in Alabama's Code?
Ala. Code § 13A-6-70 states that a person is deemed incapable of consent if he or she is less than 16 years old or is incapacitated. The offenses in Chapter 6 use that concept together with the age and age-difference elements described above.
Does Alabama's school-employee offense cover students who are 18?
Ala. Code § 13A-6-80 defines a student as a person under 19 enrolled in a licensed or accredited K-12 school, and the offenses also cover a student under 22 who is a 'protected person' with a qualifying developmental disability under Ala. Code § 15-25-1. The statutes say consent is not a defense to the sex-act and sexual-contact charges.
Where can the statute text be read?
Alabama's Code is published on the legislature's ALISON site. Each section cited on this page links to its ALISON entry, and the statute text controls over any summary.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Alabama 1975, Title 13A: Criminal Code.
§ 13A-6-70Lack of Consent.In force
(a) Unless otherwise stated, an element of every offense defined in this article is that the sexual act was committed without the consent of the victim. (b) Lack of consent results from either of the following: (1) Forcible compulsion. (2) Being incapable of consent. (c) A person is deemed incapable of consent if he or she is either: (1) Less than 16 years old. (2) Incapacitated. (d) Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-62Rape in the Second Degree.In force
(a) A person commits the crime of rape in the second degree if, being 16 years old or older, he or she engages in sexual intercourse with another person who is 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person. (b) Rape in the second degree is a Class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-61Rape in the First Degree. (Amended by Act 2026-55)In force
AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) A person commits the crime of rape in the first degree if he or she does any of the following: (1) Engages in sexual intercourse with another person by forcible compulsion. (2) Engages in sexual intercourse with another person who is incapable of consent by reason of being incapacitated. (3) Being 16 years old or older, engages in sexual intercourse with another person who is less than 12 years old. (b) Rape in the first degree is a Class A felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-67Sexual Abuse in the Second Degree.In force
(a) A person commits the crime of sexual abuse in the second degree if he or she does either of the following: (1) Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old. (2) 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 the second degree is a Class A misdemeanor, except as provided in subsection (c), or 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. (c) If a person violates subdivision (a)(2), and he or she is at least 15 years older than the victim, the offense shall be a Class C felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-81School Employee Engaging in a Sex Act with a Student Who Is Under the Age of 19 Years or Is a Protected Person Under the Age of 22 Years.In force
(a) A person commits the crime of a school employee engaging in a sex act with a student under the age of 19 years or engaging in a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual intercourse or sodomy, as defined in Section 13A-6-60, with a student, or student protected person, regardless of whether the student or student protected person is male or female. Consent is not a defense to a charge under this section. (b) The crime of a school employee engaging in a sex act with a student or student protected person is a Class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-82School Employee Having Sexual Contact with a Student Who Is Under the Age of 19 Years or Is a Protected Person Under the Age of 22 Years.In force
(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years or having sexual contact with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6-60, with a student or student protected person, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student or student protected person is a Class C felony. (b) A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years or soliciting a sex act with a student who is a protected person, as defined in Section 15-25-1, under the age of 22 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student or student protected person to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-5-40Capital Offenses. (Amended by Act 2026-55)In forcecited in 2 of our articles
AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) The following are capital offenses: (1) Murder by the defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant. (2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed by the defendant. (3) Murder by the defendant during a rape in the first or second degree or an attempt thereof committed by the defendant; or murder by the defendant during sodomy in the first or second degree or an attempt thereof committed by the defendant. (4) Murder by the defendant during a burglary in the first or second degree or an attempt thereof committed by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of the officer or guard.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 248 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Ex Parte Waldrop (Supreme Court of Alabama 2002, 859 So. 2d 1181)“…it was committed during a robbery in the first degree, see Ala. Code 1975, § 13A-5-40 (a)(2), and one count of murder made ca…”
- Ex Parte Land (Supreme Court of Alabama 1996, 678 So. 2d 224)“…own. The jury found him guilty of murder during a burglary, Ala.Code 1975, § 13A-5-40(a)(4), and guilty of murder during a ki…”
- Carroll v. State (Court of Criminal Appeals of Alabama 1992, 599 So. 2d 1253)“…s indicted and convicted for the capital offense defined in Ala.Code 1975, § 13A-5-40(a)(13). His crime involved the intentio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Is a Life Sentence in Alabama? (2026 Guide)
§ 13A-5-6Sentences of Imprisonment for Felonies.In forcecited in 8 of our articles
(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10 years. (2) For a Class B felony, not more than 20 years or less than two years. (3) For a Class C felony, not more than 10 years or less than one year and one day. (4) For a Class D felony, not more than five years or less than one year and one day. (5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony sex offense involving a child as defined in Section 15-20A-4, not less than 20 years. (6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4, not less than 10 years. (b) The actual time of release within the limitations established by subsection (a) shall be determined under procedures established elsewhere by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 50 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Ex Parte McCree (Supreme Court of Alabama 1988, 554 So. 2d 336)“…ars in prison under Alabama's firearms enhancement statute (Ala. Code 1975, § 13A-5-6 (a)(5)). 1 FACTS Because the Cour…”
- Ex Parte Powell (Supreme Court of Alabama 2001, 796 So. 2d 434)“…ted the penalty phase of Powell's trial, in accordance with Ala. Code 1975, § 13A-5-6 . After hearing the evidence presented…”
- Ex Parte Farrell (Supreme Court of Alabama 1991, 591 So. 2d 444)“…ether the trial court erred by sentencing Janet pursuant to Ala. Code 1975, § 13A-5-6 (a)(4) instead of § 13A-5-6 (a)(1).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Alabama Hit and Run Laws: Penalties, Statutes, and Defenses, Alabama AI Laws and Regulation (2026)
§ 13A-5-7Sentences of Imprisonment for Misdemeanors and Violations.In forcecited in 4 of our articles
(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations: (1) For a Class A misdemeanor, not more than one year. (2) For a Class B misdemeanor, not more than six months. (3) For a Class C misdemeanor, not more than three months. (b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Donley v. City of Mountain Brook (Court of Criminal Appeals of Alabama 1982, 429 So. 2d 603)“…against him is three months' imprisonment as provided under Ala. Code § 13A-5-7 (a)(3) (Supp. 1981). We disagree. Mo…”
- Shirah v. State (Court of Criminal Appeals of Alabama 1989, 555 So. 2d 807)“…for a Class A misdemeanor is for "not more than one year." Ala. Code, § 13A-5-7 (1975). The appellant's sentence did n…”
- R.L.L. v. State (Court of Criminal Appeals of Alabama 1990, 564 So. 2d 474)“…Such a conviction carries a sentence of up to six months. Ala.Code § 13A-5-7(a)(2) (1975). According to the appellan…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Audio Recording Laws: Consent Rules and Penalties, Alabama Phone Call Recording Laws: What You Need to Know
§ 13A-6-120Definitions.In forcecited in 2 of our articles
For the purposes of this article, a child is defined as a person under 16 years of age.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Also relied on in: Alabama Sexting Laws: Legal Consequences and Penalties
§ 13A-6-122Electronic Solicitation of a Child.In forcecited in 2 of our articles
A person who knowingly entices, induces, persuades, seduces, prevails, advises, coerces, lures, or orders, or attempts to entice, induce, persuade, seduce, prevail, advise, coerce, lure, or order, by means of a computer, on-line service, Internet service, Internet bulletin board service, weblog, cellular phone, video game system, personal data assistant, telephone, facsimile machine, camera, universal serial bus drive, writable compact disc, magnetic storage device, floppy disk, or any other electronic communication or storage device, a child who is at least three years younger than the defendant, or another person believed by the defendant to be a child 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, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation, or directs a child to engage in sexual intercourse, sodomy, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation is guilty of electronic solicitation of a child. Any person who violates this section commits a Class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-151Definitions.In force
As used in this article, the following terms shall have the following, or any combination of the following, meanings ascribed to them by this section: (1) COERCION. Any of the following: a. Causing or threatening to cause physical injury or mental suffering to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer physical injury, mental suffering, physical restraint, or confinement. b. Implementing any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in physical injury, mental suffering, or physical restraint of any person. c. Destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove, confiscate, or withhold from the person or another person, the person’s or any person’s actual or purported government records, immigration documents, identifying information, or personal or real property. d.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Dillard v. Lauderdale County, Alabama (District Court, N.D. Alabama 2022)“…deception from a person. 2010 Ala. Laws Act 2010-705, Ala. Code § 13A-6-151 (2010) (amended 2018). Hearn’s crimi…”
- Morales v. Sixth Avenue Tire Center Inc (District Court, N.D. Alabama 2019)“…rson and is induced or obtained by coercion or deception.” Ala. Code § 13A-6-151(3). Deception8 is defined as “creating…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13A-6-152Human Trafficking in the First Degree.In force
(a) A person commits the crime of human trafficking in the first degree if: (1) He or she knowingly subjects another person to labor servitude or sexual servitude; (2) He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude; or (3) He or she knowingly gives, or attempts to give, monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor. (b) For purposes of this section, it is not required that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability under this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Matsumoto v. Labrador (Court of Appeals for the Ninth Circuit 2024, 122 F.4th 787)“…nvoluntary servitude, peonage, debt bondage, or slavery.”); Ala. Code § 13A-6-152(a) (“A person commits the crime of huma…”
- United States v. Hames (District Court, N.D. Alabama 2020)“…of: Human Trafficking in the First Degree, in violation of Ala. Code § 13A-6-152; Human Trafficking in the Second Degre…”
- Dillard v. Lauderdale County, Alabama (District Court, N.D. Alabama 2022)“…tion. 2010 Ala. Laws Act 2010-705, Ala. Code § 13A-6-152 (2010) (amended 2018).6 The pertinent…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13A-6-63Sodomy in the First Degree. (Amended by Act 2026-55)In force
AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) A person commits the crime of sodomy in the first degree if he or she does any of the following: (1) Engages in sodomy with another person by forcible compulsion. (2) Engages in sodomy with another person who is incapable of consent by reason of being incapacitated. (3) Being 16 years old or older, engages in sodomy with a person who is less than 12 years old. (b) Sodomy in the first degree is a Class A felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Allen v. State (Court of Criminal Appeals of Alabama 1993, 624 So. 2d 650)“…ver, intent is not an element of sex abuse and sodomy. See Ala. Code 1975, §§ 13A-6-63 , 66. Intent may be inferred from the a…”
- Jones v. State (Court of Criminal Appeals of Alabama 1996, 719 So. 2d 249)“…in the first degree; and sexual abuse in the second degree. Ala. Code 1975, § 13A-6-63 (a)(3), provides that a person is guilt…”
- Mitchell v. State (Court of Criminal Appeals of Alabama 1985, 473 So. 2d 591)“…a Class A felony. (Acts 1977, No. 607, p. 812 § 2315.)" Ala. Code § 13A-6-63 (1975). Section 13A-6-60 (2), Code…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13A-6-64Sodomy in the Second Degree.In force
(a) A person commits the crime of sodomy in the second degree if, being 16 years old or older, he or she engages in sodomy with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person. (b) Sodomy in the second degree is a Class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Brooks v. State (Court of Criminal Appeals of Alabama 1993, 622 So. 2d 447)“…convicted of sodomy in the second degree, a Class B felony, Ala. Code § 13A-6-64 (b) (Supp. 1992), and sentenced to ten…”
- United States v. Owens (Court of Appeals for the Eleventh Circuit 2012, 672 F.3d 966)“…he same applies with the second degree sodomy offense. See Ala. Code § 13A-6-64. Violent force is not an element of ei…”
- Horace Mann Insurance v. Fore (District Court, M.D. Alabama 1992, 785 F. Supp. 947)“…count of sexual abuse in the second degree in violation of Ala.Code § 13A-6-64. The Doe party filed their civil suit J…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13A-6-65Sexual Misconduct.In force
(a) A person commits the crime of sexual misconduct if he or she does any of the following: (1) Engages in sexual intercourse with another person without his or her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with consent where consent was obtained by the use of any fraud or artifice. (2) Engages in sodomy with another person, without his or her consent, under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64; or with consent where consent was obtained by the use of fraud or artifice. (3) Engages in sexual contact with another person without his or her consent under circumstances other than those under Sections 13A-6-66, 13A-6-67, and 13A-6-69.1; or with consent where consent was obtained by the use of fraud or artifice. (b) Sexual misconduct is a Class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Gordon v. State (Supreme Court of Alabama 1997, 706 So. 2d 1160)“…ulsion as does rape in the first degree. In pertinent part, Ala.Code 1975, § 13A-6-65, provides: “(a) A person commits the…”
- J.B.F. v. J.M.F. (Supreme Court of Alabama 1998, 730 So. 2d 1190)“…20 J. Divorce & Remarriage 105, 110(1993). . Under Ala.Code 1975, § 13A-6-65, it is a Class A misdemeanor to engage…”
- D.H. v. H.H. (Supreme Court of Alabama 2002, 830 So. 2d 21)“…ns,” 3 has made- homosexual conduct a Class A misdemeanor. Ala. Code 1975, § 13A-6-65. 4 One commits the crime of “sexual mi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13A-6-65.1Sexual Torture. (Amended by Acts 2026-55 and 2026-530)In force
AMENDED BY ACTS 2026-55 AND 2026-530, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) A person commits the crime of sexual torture if he or she does any of the following: (1) Penetrates the vagina, anus, or mouth of another person with an inanimate object, by forcible compulsion, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party. (2) Penetrates the vagina, anus, or mouth of a person who is incapable of consent by reason of being incapacitated, with an inanimate object, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party. (3) Penetrates the vagina, 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, sexually abuse, or to gratify the sexual desire of either party. (4) By inflicting physical injury, including, but not limited to, burning, crushing, wounding, mutilating, or assaulting the sex organs or intimate parts of another person, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-69Enticing Child to Enter Vehicle, House, Etc., for Immoral Purposes.In force
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1989
Opinions citing this section in our collection:
- Tedder v. State (Supreme Court of Alabama 1989, 547 So. 2d 601)“…as convicted on three counts of enticemént, in violation of Ala. Code 1975, § 13A-6-69, and on one count of first degree sodom…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13A-6-69.1Sexual Abuse of a Child Less Than 12 Years Old.In force
(a) A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact. (b) Sexual abuse of a child less than 12 years old is a Class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- United States v. Alan Preston Prine (Court of Appeals for the Eleventh Circuit 2014, 569 F. App'x 859)“…han 12 years old by subjecting them to sexual contact. See Ala. Code § 13A-6-69.1(a). A jury reasonably could find that…”
- United States v. Kevin Darcy Golden (Court of Appeals for the Eleventh Circuit 2013, 545 F. App'x 920)“…of sexual abuse of a child less than 12 years of age. See Ala. Code § 13A-6-69.1 (1975). The affidavit mainly relied on…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 13A-6-71Foster Parent Engaging in a Sex Act, Etc., with a Foster Child.In force
(a) A person commits the crime of engaging in a sex act with a foster child if he or she is a foster parent and engages in sexual intercourse or sodomy, as defined by Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in a sex act with a foster child is a Class B felony. (b) A person commits the crime of engaging in a sexual contact with a foster child if he or she is a foster parent and engages in a sexual contact, pursuant to Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in sexual contact with a foster child is a Class C felony. (c) A person commits the crime of soliciting a sex act or sexual contact with a foster child if he or she is a foster parent and solicits, persuades, encourages, harasses, or entices a foster child under the age of 19 years to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a sex act or sexual contact with a foster child is a Class A misdemeanor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-80Applicability; Definitions.In force
(a) For purposes of this article, school employee includes a teacher, school administrator, student teacher, safety or resource officer, coach, adult volunteer in a position of authority or any other school employee who has contact with a student in his or her official capacity as a school employee. (b) For purposes of this article, a student is defined as any person under the age of 19 years enrolled or attending classes in a licensed or accredited public, private, or church school that offers instruction in grades K-12, regardless of whether school is in session.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-85Definitions.In force
For the purposes of this article the following terms have the following meanings: (1) CHILD. A person under 19 years of age or a protected person under 22 years of age, as defined in Section 15-25-1. (2) CLERGY MEMBER. Any of the following in a position of trust or authority over the child: A duly ordained, licensed, or commissioned minister, pastor, priest, rabbi, or practitioner of any bona fide established church or religious organization or any person who regularly, as a vocation, devotes a substantial portion of his or her time and abilities to the service of his or her church or religious organization.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-86Clergy Member Engaging in Sexual Intercourse or Sodomy with a Child.In force
(a) It shall be unlawful for a clergy member to engage in sexual intercourse or sodomy, as defined in Section 13A-6-60, with the child. Consent is not a defense to a charge under this section. (b) A violation of subsection (a) is a Class B felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
§ 13A-6-87Clergy Member Engaging in a Sexual Contact with a Child.In force
(a)(1) It shall be unlawful for a clergy member to engage in sexual contact, as defined in Section 13A-6-60, with the child. Consent is not a defense to a charge under this section. (2) A violation of subsection (a) is a Class C felony. (b)(1) It shall be unlawful for a clergy member to solicit, persuade, encourage, harass, or entice a child to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined in Section 13A-6-60. Consent is not a defense to a charge under this section. (2) A violation of subsection (b) is a Class C felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Code of Alabama 1975, Title 15: Criminal Procedure.
§ 15-20A-5Sex Offenses. (Amended by Act 2026-375)In forcecited in 2 of our articles
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. For the purposes of this chapter, a sex offense includes any of the following offenses: (1) Rape in the first degree, as provided by Section 13A-6-61. (2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated delinquent of a violation of rape in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter. (3) Sodomy in the first degree, as provided by Section 13A-6-63. (4) Sodomy in the second degree, as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- E.L.C. v. N.J.C. (Appeal from Baldwin Circuit Court: DR-19-901277). (Court of Civil Appeals of Alabama 2024)“…at crime register as a sex offender in that jurisdiction." Ala. Code 1975, § 15-20A-5(37). Thus, the term "adult sex offende…”
- Adam Keith Waldman v. Alabama Prison Commissioner (Court of Appeals for the Eleventh Circuit 2017, 871 F.3d 1283)“…ng of a minor in its list of “sex offenses” under ASORCNA. Ala. Code § 15-20A-5(18). Although ASORCNA was not enacted…”
- McGuire v. Strange (District Court, M.D. Alabama 2015, 83 F. Supp. 3d 1231)“…s of law, would constitute” one of the enumerated offenses. Ala.Code § 15-20A-5(33). The entire scheme is retroactive,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alabama Name Change Laws: Probate Court Process and Fees
§ 15-25-1Prosecution for Physical, Sexual, or Violent Offense or Involving Child or Protected Person - Application; Definitions.In force
(a) This article shall apply to any criminal prosecution for a physical offense, a sexual offense, or a violent offense where the alleged victim or witness is a child or a protected person. (b) For the purposes of this article, a “physical offense, a sexual offense, or a violent offense,” is defined to include all of the following crimes: (1) A sex offense as provided in Section 15-20A-5. (2) A violent offense as provided in Section 12-25-32. (3) Aggravated child abuse as provided in Section 26-15-3.1. (4) Assault in any degree. (5) Any offense involving domestic violence, elder abuse, or a violation of a protection order. (6) Any attempt to commit any of the offenses listed in subdivisions (1) to (5), inclusive. (c) For the purposes of this article, “child” means a person who is under the age of 16 years at the time of trial.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at alison.legislature.state.al.us
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1997
Opinions citing this section in our collection:
- R.D. v. State (Court of Criminal Appeals of Alabama 1997, 706 So. 2d 770)“…them in a case in which the victim is under the age of 16. Ala.Code 1975, § 15-25-1. *786 B We find no merit to R.D.’s…”
- RD v. State (Court of Criminal Appeals of Alabama 1997, 706 So. 2d 770)“…them in a case in which the victim is under the age of 16. Ala.Code 1975, § 15-25-1. *786 B We find no merit to R…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Ala. Code § 13A-6-61 (Rape in the First Degree)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-62 (Rape in the Second Degree)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-63 (Sodomy in the First Degree)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-64 (Sodomy in the Second Degree)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-67 (Sexual Abuse in the Second Degree)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-69.1 (Sexual Abuse of a Child Less Than 12 Years Old)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-70 (Lack of Consent)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-80 (Definitions, school employee and student)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-81 (School employee engaging in a sex act with a student)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-82 (School employee having sexual contact with a student)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-5-6 (Sentences of imprisonment for felonies)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-5-7 (Sentences for misdemeanors)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-5-40 (Capital offenses, version effective 2026-10-01)(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-61 (version effective 2026-10-01)(alison.legislature.state.al.us).gov
- Ala. Code § 15-20A-5 (Sex offenses for registration)(alison.legislature.state.al.us).gov
- Alabama DHR: Child Abuse and Neglect Reporting(dhr.alabama.gov).gov
- Ala. Code § 13A-6-65(alison.legislature.state.al.us).gov
- Ala. Code § 15-25-1(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-71(alison.legislature.state.al.us).gov
- Ala. Code § 13A-6-85(alison.legislature.state.al.us).gov
- § 13A-6-86(alison.legislature.state.al.us).gov
- § 13A-6-87(alison.legislature.state.al.us).gov
- Ala. Code § 13A-13-3(alison.legislature.state.al.us).gov
- § 13A-6-69(alison.legislature.state.al.us).gov
- § 13A-6-122(alison.legislature.state.al.us).gov
- § 13A-6-120(alison.legislature.state.al.us).gov
- § 13A-6-151(alison.legislature.state.al.us).gov
- § 13A-6-152(alison.legislature.state.al.us).gov
- § 13A-6-65.1(alison.legislature.state.al.us).gov