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Alabama Definitions
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Section 13A-6-43
Kidnapping in the first degree.
(a) A person commits the crime of kidnapping in the first degree if he abducts another person with intent to
(1) Hold him for ransom or reward; or
(2) Use him as a shield or hostage; or
(3) Accomplish or aid the commission of any felony or flight therefrom; or
(4) Inflict physical injury upon him, or to violate or abuse him sexually; or
(5) Terrorize him or a third person; or
(6) Interfere with the performance of any governmental or political function.
(b) A person does not commit the crime of kidnapping in the first degree if he voluntarily releases the victim alive, and not suffering from serious physical injury, in a safe place prior to apprehension. The burden of injecting the issue of voluntary safe release is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for or preclude a conviction of kidnapping in the second degree or any other crime.
(c) Kidnapping in the first degree is a Class A felony.
Section 13A-6-44
Kidnapping in the second degree.
(a) A person commits the crime of kidnapping in the second degree if he abducts another person.
(b) A person does not commit a crime under this section if:
(1) The abduction is not coupled with intent to use or to threaten to use deadly force,
(2) The actor is a relative of the person abducted, and
(3) The actor's sole purpose is to assume lawful control of that person.
The burden of injecting the issue of defense under this subsection is on the defendant, but this does not shift the burden of proof.
(c) Kidnapping in the second degree is a Class B felony.
Section 13A-6-61
Rape in the first degree.
(a) A person commits the crime of rape in the first degree if:
(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or
(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
(b) Rape in the first degree is a Class A felony.
Section 13A-6-62
Rape in the second degree.
(a) A person commits the crime of rape in the second degree if:
(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.
(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.
(b) Rape in the second degree is a Class B felony.
Section 13A-6-63
Sodomy in the first degree.
(a) 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.
(b) Sodomy in the first degree is a Class A felony.
Section 13A-6-64
Sodomy in the second degree.
(a) 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.
(b) Sodomy in the second degree is a Class B felony.
Section 13A-6-65.1
Sexual torture.
(a) 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.
(b) The crime of sexual torture is a Class A felony.
Section 13A-6-66
Sexual abuse in the first degree.
(a) 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.
(b) Sexual abuse in the first degree is a Class C felony.
Section 13A-6-67
Sexual abuse in the second degree.
(a) 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.
(b) Sexual abuse in second degree is a Class A misdemeanor, except that 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.
Section 13A-6-69
Enticing child to enter vehicle, house, etc., for immoral purposes.
(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.
Section 13A-6-110
Soliciting a child by computer.
(a) In addition to the provisions of Section 13A-6-69, a person is guilty of solicitation of a child by a computer if the person is 19 years of age or older and the person knowingly, with the intent to commit an unlawful sex act, entices, induces, persuades, seduces, prevails, advises, coerces, or orders, by means of a computer, a child who is less than 16 years of age and 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, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his or her benefit.
(b) For purposes of determining jurisdiction, the offense is committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state.
(c) A person charged under this section shall be tried as an adult, and the record of the proceeding shall not be sealed nor subject to expungement.
(d) Solicitation of a child by computer is a Class B felony.
Section 13A-6-111
Transmitting obscene material to a child by computer.
(a) A person is guilty of transmitting obscene material to a child if the person transmits, by means of any computer communication system allowing the input, output, examination, or transfer of computer programs from one computer to another, material which, in whole or in part, depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse, for the purpose of initiating or engaging in sexual acts with the child.
(b) For purposes of determining jurisdiction, the offense is committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state.
(c) A person charged under this section shall be tried as an adult and the record of the proceeding shall not be sealed nor subject to expungement.
(d) Transmitting obscene material of engaging in sexual intercourse, sodomy, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his or her benefit to a child is a Class B felony.
Section 13A-12-111
Promoting prostitution in the first degree.
(a) A person commits the crime of promoting prostitution in the first degree if he knowingly:
(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or
(2) Advances or profits from prostitution of a person less than 16 years of age.
(b) Promoting prostitution in the first degree is a Class B felony.
Section 13A-12-112
Promoting prostitution in the second degree.
(a) A person commits the crime of promoting prostitution in the second degree if he knowingly:
(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes other than the defendant; or
(2) Advances or profits from prostitution of a person less than 18 years of age.
(b) Promoting prostitution in the second degree is a Class C felony.
Section 13A-12-191
Dissemination or public display of obscene matter containing visual reproduction of persons under 17 years of age involved in obscene acts.
Any person who shall knowingly disseminate or display publicly any obscene matter containing a visual reproduction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class B felony.
Section 13A-12-192
Possession and possession with intent to disseminate obscene matter containing visual reproduction of persons under 17 years of age involved in obscene acts; prima facie evidence of possession with intent to disseminate; penalty.
(a) Any person who knowingly possesses with intent to disseminate any obscene matter containing a visual reproduction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class B felony. Possession of three or more copies of the same obscene material is prima facie evidence of possession with intent to disseminate the same.
(b) Any person who knowingly possesses any obscene matter containing a visual reproduction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, genital nudity, or other sexual conduct shall be guilty of a Class C felony.
Section 13A-12-196
Parents or guardians permitting children to engage in production of obscene matter guilty of Class A felony.
Any parent or guardian who knowingly permits or allows their child, ward, or dependent under the age of 17 years to engage in the production of any obscene matter containing a visual reproduction of such child, ward, or dependent under the age of 17 years engaged in any act of sado-masochistic abuse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class A felony.
Section 13A-12-197
Production of obscene matter containing visual reproduction of person under 17 years of age involved in obscene acts.
Any person who knowingly films, prints, records, photographs or otherwise produces any obscene matter that contains a visual reproduction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class A felony.
Section 13A-13-3
Incest.
(a) A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:
(1) His ancestor or descendant by blood or adoption; or
(2) His brother or sister of the whole or half-blood or by adoption; or
(3) His stepchild or stepparent, while the marriage creating the relationship exists; or
(4) His aunt, uncle, nephew or niece of the whole or half-blood.
(b) A person shall not be convicted of incest or of an attempt to commit incest upon the uncorroborated testimony of the person with whom the offense is alleged to have been committed.
(c) Incest is a Class C felony.
Any solicitation, attempt, or conspiracy to commit any of the offenses listed in paragraphs a. to j., inclusive.
Any crime committed in any state or a federal, military, Indian, or a foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in paragraphs a. to k., inclusive.
The foregoing notwithstanding, any crime committed in any jurisdiction which, irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, sodomy, sexual assault, sexual battery, sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, or molestation of a child.
