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13A-6-71
Section 13A-6-71 Foster parent engaging in a sex act, etc., with a foster child. (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...
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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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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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38-13-7
Section 38-13-7 Duties of Departments of Public Safety and Human Resources; review of determinations.
(a) Criminal history background information checks shall be performed by the Department of
Public Safety upon request by an employer, child care facility, adult care facility, or child
placing agency authorized to make a request, or the Department of Human Resources. The Department
of Public Safety shall provide a criminal history background check within a reasonable time
of the receipt of the request. National criminal history background checks shall be requested
by the Department of Public Safety from the Federal Bureau of Investigation within a reasonable
time of the request. The Department of Public Safety, upon receipt of the criminal history
background report from the Federal Bureau of Investigation, shall forward the report to the
Department of Human Resources within a reasonable period. (b) Criminal history background
information reports shall be sent from the Department of...
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13A-6-81
Section 13A-6-81 School employee engaging in a sex act with a student under the age of 19 years.
(a) A person commits the crime of a school employee engaging in a sex act with a student under
the age of 19 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, regardless of whether the student
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 is a Class B felony. (Act 2010-497,
p. 766, §1; Act 2016-354, p. 867, §2; Act 2019-465, §1.)...
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13A-6-45
Section 13A-6-45 Interference with custody. (a) A person commits the crime of interference
with custody if he knowingly takes or entices: (1) Any child under the age of 18 from the
lawful custody of its parent, guardian or other lawful custodian, or (2) Any committed person
from the lawful custody of its parent, guardian or other lawful custodian. "Committed
person" means, in addition to anyone committed under judicial warrant, any neglected,
dependent or delinquent child, mentally defective or insane person or any other incompetent
person entrusted to another's custody by authority of law. (b) A person does not commit a
crime under this section if the actor's sole purpose is to assume lawful control of the child.
The burden of injecting the issue is on the defendant, but this does not shift the burden
of proof. (c) Interference with custody is a Class C felony. (Acts 1977, No. 607, p. 812,
§2215; Acts 1983, No. 83-571, p. 877.)...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic
violence in the first degree if the person commits the crime of assault in the first degree
pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary
in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation of affectionate or sexual
involvement by either party. (b) Domestic violence in the first degree is a Class A felony,
except that the defendant shall serve a minimum term of imprisonment of...
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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic
violence in the second degree if the person commits the crime of assault in the second degree
pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123;
the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in
the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation...
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13A-6-124
Section 13A-6-124 Traveling to meet a child for an unlawful sex act. Any person who travels
either within this state, to this state, or from this state by any means, who attempts to
do so, or who knowingly causes another to do so or to attempt to do so for the purpose of
engaging in any unlawful sex act with a child, including sexual intercourse, sodomy, a sexual
performance, obscene sexual performance, or other sexual conduct for his or her benefit or
for the benefit of another shall be guilty of traveling to meet a child for an unlawful sex
act. Any person who violates this section commits a Class A felony. Notwithstanding any law
to the contrary, a conviction under this section shall be considered a criminal sex offense
under Section 15-20-21. (Act 2009-745, p. 2233, §5.)...
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