13A-6-63
Section 13A-6-63 Sodomy in the first degree. (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.
(Acts 1977, No. 607, p. 812, §2315; Act 2019-465, §1.)...
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13A-6-61
Section 13A-6-61 Rape in the first degree. (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. (Acts 1977, No. 607, p. 812, §2310; Act 2000-726, p. 1557, §1;
Act 2019-465, §1.)...
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13A-6-66
Section 13A-6-66 Sexual abuse in the first degree. (a) A person commits the crime of sexual
abuse in the first degree if he or she does either of the following: (1) Subjects another
person to sexual contact by forcible compulsion. (2) Subjects another person to sexual contact
who is incapable of consent by reason of being incapacitated. (b) Sexual abuse in the first
degree is a Class C felony. (Acts 1977, No. 607, p. 812, §2320; Act 2006-575, p. 1512, §2;
Act 2019-465, §1.)...
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13A-6-70
Section 13A-6-70 Lack of consent. (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. (Acts 1977, No. 607, p. 812,...
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any of the
following: (1) With intent to cause the death of another person, he or she causes the death
of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the course
of and in furtherance of the crime that he or she is committing or attempting to commit, or
in immediate flight therefrom, he or she, or another participant if there be...
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13A-6-60
Section 13A-6-60 Definitions. The following definitions apply in this article: (1) FORCIBLE
COMPULSION. Use or threatened use, whether express or implied, of physical force, violence,
confinement, restraint, physical injury, or death to the threatened person or to another
person. Factors to be considered in determining an implied threat include, but are not limited
to, the respective ages and sizes of the victim and the accused; the respective mental and
physical conditions of the victim and the accused; the atmosphere and physical setting in
which the incident was alleged to have taken place; the extent to which the accused may have
been in a position of authority, domination, or custodial control over the victim; or whether
the victim was under duress. Forcible compulsion does not require proof of resistance by the
victim. (2) INCAPACITATED. The term includes any of the following: a. A person who suffers
from a mental or developmental disease or disability which renders the person...
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13A-6-65.1
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. (b) The crime of
sexual torture is a Class A felony. (Acts 1993, No. 93-606, §1; Act 2019-465, §1.)...
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15-25-39
Section 15-25-39 "A child physical offense, sexual offense, and exploitation" defined.
For purposes of this article, "a child physical offense, sexual offense, and exploitation"
is defined to include the following crimes, when one or more of the victims is a child under
12 years of age: (1) Rape in any degree. (2) Sodomy in any degree. (3) Sexual abuse in any
degree. (4) Sexual misconduct. (5) Enticing a child to enter a vehicle, room, house, office,
or other place, for immoral purposes. (6) Any crime involving the production of child pornography.
(7) Torture and willful abuse of a child under 18 years of age by responsible person as defined
in Section 26-15-3. (8) Sexual torture as defined in Section 13A-6-65.1. (9) Attempted murder.
(10) Assault first degree. (11) Assault second degree. (12) Assault third degree. (13) Harassment.
(Acts 1989, No. 89-876, p. 1754, §9; Acts 1994, No. 94-704, p. 1359, §1.)...
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15-20A-25
Section 15-20A-25 Adult sex offender - Relief from employment restriction. (a) A sex offender
may petition at sentencing, or if after sentencing, a sex offender may file a petition in
the civil division of the circuit court in the county where the sex offender seeks to accept
or maintain employment for relief from the employment restrictions pursuant to subsection
(b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following
sex offenses shall not be entitled to relief under this section: (1) Rape in the first degree,
as provided by Section 13A-6-61. (2) Sodomy in the first degree, as provided by Section 13A-6-63.
(3) Sexual abuse in the first degree, as provided by Section 13A-6-66. (4) Sex abuse of a
child less than 12 years old, as provided by Section 13A-6-69.1. (5) Sexual torture, as provided
by Section 13A-6-65.1. (6) Any sex offense involving a child. (7) Any solicitation, attempt,
or conspiracy to commit any of the offenses listed in subdivisions (1)...
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15-20A-5
Section 15-20A-5 Sex offenses. 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...
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