Sex Crimes: Definitions and Penalties
Alabama

Last Updated: December 2016
Rape in the First Degree Answer

How is it defined?

Sexual intercourse with a member of the opposite sex and:

  1. the actor uses forcible compulsion;
  2. the other person is incapable of consent by reason of being physically helpless or mentally incapacitated; or
  3. the actor is 16 years of age or older and the other person is less than 12 years old.

What are the punishments for this crime?

13A-5- 6 ; §13A-5-11Rape in the 1st Degree is a Class A felony and is punishable by imprisonment of not more than 99 years and not less than 10 years as well as a fine not exceeding $60,000.

  • In addition, in all cases where an offender is designated as a sexually violent predator or where an offender is convicted of a Class A felony sex offense involving a child, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
  • In all cases where an offender is convicted of a sex offense when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • Sexual Intercourse: is defined to refer to the phrase’s “ordinary meaning” including any penetration, however slight, emission is not required.
  • 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.
  • Mentally Incapacitated: 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.
  • Physically Helpless: a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Statutory Citation(s):

Ala. Code § 13A-6-61






Rape in the Second Degree Answer

How is it defined?

Sexual intercourse with a member of the opposite sex and

  1. the actor is 16 years of age or older and the other person is less than 16 years of age and more than 12 years of age but is at least 2 years younger than the actor; or
  2. the other person is incapable of consent by reason of being mentally defective.

What are the punishments for this crime?

§13A-5- 6; §13A-5-11 Rape in the 2nd Degree is a Class B felony and is punishable by imprisonment of not more than 20 years and not less than 2 years as well as a fine not exceeding $30,000.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • Mentally Defective: a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.
  • Sexual Intercourse: is defined to refer to the phrase’s “ordinary meaning” including any penetration, however slight, emission is not required.

Statutory Citation(s):

Ala. Code § 13A-6-62






Sexual Torture Answer

How is it defined?

A person commits sexual torture if:

  1. the actor penetrates another person’s vagina, anus or mouth with an inanimate object by forcible compulsion with the intent to sexually torture or to sexually abuse;
  2. the actor uses an inanimate object to penetrate the vagina, anus or mouth of another person who is incapable of consent by reason of physical helplessness or mental incapacity with the intent to sexually torture or to sexually abuse; or
  3. the actor is 16 years of age or older and uses an inanimate object to penetrate the vagina, anus or mouth of a person who is less than 12 years old with the intent to sexually torture or to sexually abuse.

What are the punishments for this crime?

13A-5- 6; §13A-5-11Sexual Torture is a Class A felony and is punishable by imprisonment of not more than 99 years and not less than 10 years as well as a fine not exceeding $60,000.

  • In addition, in all cases where an offender is designated as a sexually violent predator or where an offender is convicted of a Class A felony sex offense involving a child, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
  • In all cases where an offender is convicted of a sex offense when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • 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.
  • Mentally Incapacitated: 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.
  • Physically Helpless: a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Statutory citation(s):

§ 13A-6-65.1






Sodomy in the First Degree Answer

How is it defined?

An actor commits sodomy in the first degree if the actor engages in deviate sexual intercourse with another person:

  1. by forcible compulsion;
  2. who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
  3. Who is less than 12 years old - and the actor is 16 years old or older.

What are the punishments for this crime?

13A-5-6; §13A-5-11Sodomy in the 1st Degree is a Class A felony and is punishable by imprisonment of not more than 99 years and not less than 10 years as well as a fine not exceeding $60,000.

  • In addition, in all cases where an offender is designated as a sexually violent predator or where an offender is convicted of a Class A felony sex offense involving a child, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
  • In all cases where an offender is convicted of a sex offense when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • 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.
  • 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.
  • Mentally Incapacitated: 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.
  • Physically Helpless: a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Statutory citation(s):

Ala. Code § 13A-6-63






Sodomy in the Second Degree Answer

How is it defined?

The actor commits sodomy in the second degree if the actor engages in deviate sexual intercourse with another person:

  1. Who is less than 16 and more than 12 years of age and the actor is 16 years old or older; or
  2. Who is incapable of consent by reason of being mentally defective

What are the punishments for this crime?

§13A-5-6; §13A-5-11Sodomy in the 2nd Degree is a Class B felony and is punishable by imprisonment of not more than 20 years and not less than 2 years as well as a fine not exceeding $30,000.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • 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.
  • Mentally Defective: a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.

Statutory Citation(s):

Ala. Code § 13A-6-64






Sexual Abuse in the First Degree Answer

How is it defined?

An actor commits sexual abuse in the first degree if he:

  1. subjects another person to sexual contact by forcible compulsion; or
  2. subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

What are the punishments for this crime?

§13A-5- 6; §13A-5-11Sexual Abuse in the 1st Degree is a Class C felony and is punishable by imprisonment of not more than 10 years or less than 1 year and 1 day as well as a fine not exceeding $15,000.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • 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.
  • 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.
  • Mentally Incapacitated: 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.
  • Physically Helpless: a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

Statutory citation(s):

Ala. Code § 13A-6-66






Sexual Abuse in the Second Degree Answer

How is it defined?

An actor commits the crime of sexual abuse in the second degree if he:

  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 ; or
  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.

What are the punishments for this crime?

§13A-5- 6; §13A-5-11Sexual Abuse in the 2nd Degree is a Class A misdemeanor and is punishable by imprisonment of not more than 1 year as well as a fine not exceeding $6,000. (§13A-5-7; §13A-5-12).  If a person commits Sexual Abuse in the 2nd Degree within one year of another sexual offense then the crime is a Class C felony and is punishable by imprisonment of not more than 10 years or less than 1 year and 1 day as well as a fine not exceeding $15,000.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • 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.

Statutory Citation(s):

Ala. Code § 13A-6-67






Sexual Misconduct Answer

How is it defined?

A person commits sexual misconduct if:

  1. he, being a male, engages in sexual intercourse with a female without her consent or with her consent where consent was contained by fraud or artifice;
  2. she, being a female, engages in sexual intercourse with a male without his consent; or
  3. he or she engages in deviate sexual intercourse with another person that does not amount to Sodomy in the first or second degree. 

What are the punishments for this crime?

Sexual Misconduct is a Class A misdemeanor and is punishable by imprisonment of not more than one year and a fine of not more than $6,000

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • Sexual Intercourse: is defined to refer to the phrase’s “ordinary meaning” including any penetration, however slight, emission is not required.
  • 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.

Statutory citation(s):

§ 13A-6-65






Statutory Rape Answer

How is it defined?

"Statutory rape" is commonly used to refer to sexual penetration that is illegal because it involves a youth and consent is immaterial. While Alabama does not expressly penalize "statutory rape", the offenses of rape, sodomy or sexual torture cover this conduct.

  • Rape or sodomy in the first degree: Sexual intercourse or deviate sexual intercourse if the actor is 16 years of age or older and the victim is under 12 years of age.
  • Rape or sodomy in the second degree: Sexual intercourse with a member of the opposite sex if the actor is 16 years of age or older and the victim is 12-15 years of age and at least two years younger than the actor.
  • Sexual torture: The actor is 16 years of age or older and uses an inanimate object to penetrate the vagina, anus or mouth of a person who is less than 12 years old with the intent to sexually torture or to sexually abuse.
  • Sexual abuse in the second degree: The actor is 19 years old or older and subjects another person to sexual contact who is less than 16 years old, but more than 12 years old
  • Sexual abuse of a child less than 12 years old: An actor commits sexual abuse of a child less than 12 years old if, being 16 years of age or older, he or she subjects another person less than 12 years old to sexual contact.

What are the punishments for this crime?

  • Rape and sodomy in the first degree are Class A felonies and are punishable by imprisonment of not more than 99 years and not less than 10 years as well as a fine not exceeding $60,000. (§13A-5- 6; §13A-5-11)
    • In addition, in all cases where an offender is designated as a sexually violent predator or where an offender is convicted of a Class A felony sex offense involving a child, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant's release from incarceration.
    • In all cases where an offender is convicted of a sex offense when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.
  • Rape and sodomy in the second degree are Class B felonies and are punishable by imprisonment of not more than 20 years and not less than 2 years as well as a fine not exceeding $30,000. (§13A-5- 6; §13A-5-11)
  • Sexual torture is a Class A felony and is punishable by imprisonment of not more than 99 years and not less than 10 years as well as a fine not exceeding $60,000
  • Sexual abuse in the second degree is a Class A misdemeanor and is punishable by imprisonment of not more than 1 year as well as a fine not exceeding $6,000. (§13A-5-7; §13A-5-12).  If a person commits Sexual Abuse in the 2nd Degree within one year of another sexual offense then the crime is a Class C felony and is punishable by imprisonment of not more than 10 years or less than 1 year and 1 day as well as a fine not exceeding $15,000. (§13A-5- 6; §13A-5-11)
  • Sexual abuse of a child less than 12 years old is a Class B felony and is punishable by imprisonment of not more than 20 years and not less than 2 years as well as a fine not exceeding $30,000. (§13A-5- 6; §13A-5-11)

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • 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.
  • 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.
  • Sexual Intercourse: is defined to refer to the phrase’s “ordinary meaning” including any penetration, however slight, emission is not required.

Statutory Citation(s):

Ala. Code §§ 13A-6-61, 13A-6-62, 13A-6-65.1, 13A-6-63, 13A-6-69.1






Sodomy Answer

How is it defined?

  • He or she engages in deviate sexual intercourse with another person under circumstances not covered by §§ 13A-6-63 and 13A-6-64.  
  • Any state laws that outright prohibit sodomy are unconstitutional under the Supreme Court's Lawrence v. Texas.

What are the punishments for this crime?

Sexual Misconduct is a Class A misdemeanor and is punishable by imprisonment of not more than 1 year and a fine of not more than $6,000.

Anything else I should know?

The following definitions are relevant, and apply, to this crime:

  • 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.

Statutory citation(s):

Sexual Misconduct §§ 13A-6-65.









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