Alabama treats most sex crimes as felonies, with prison terms that can reach life, mandatory sex offender registration, and a federal firearm ban that follows any felony conviction. The age of consent is 16, and the state has no general “Romeo and Juliet” exemption for young couples close in age. What the specific charge and sentence look like depends on the victim’s age, whether force was used, and the age gap between the people involved.
Age of Consent
Anyone under 16 in Alabama cannot legally consent to sexual activity, regardless of the circumstances. Alabama Code 13A-6-70 makes lack of consent an element of every sexual offense, and treats anyone under 16 as unable to give it.1Alabama Legislature. Alabama Code 13A-6-70 – Lack of Consent This applies to all sexual contact, not just intercourse.
Alabama has no standalone close-in-age exemption. Some offenses have built-in age-gap requirements. Second-degree rape, for example, requires that the older person be at least two years older.2Alabama Legislature. Alabama Code 13A-6-62 – Rape in the Second Degree But that is a limit on one statute, not an exemption from all charges. A 17-year-old in a relationship with a 15-year-old can still face prosecution under other sections of the code.
Rape Charges
Alabama splits rape into two degrees based on the victim’s age and whether force was involved.
First-Degree Rape
A person commits first-degree rape by engaging in sexual intercourse through force, or by having intercourse with a child under 12 while being 16 or older.3Alabama Legislature. Alabama Code 13A-6-61 – Rape in the First Degree It is a Class A felony punishable by 10 to 99 years in prison or life.4Justia Law. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies Fines can reach $60,000.5Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies Sentencing enhancements apply if a weapon is used.
Second-Degree Rape
Second-degree rape applies when someone 16 or older has intercourse with a person aged 12 to 15, provided the older person is at least two years older.2Alabama Legislature. Alabama Code 13A-6-62 – Rape in the Second Degree A gap of exactly two years is enough to trigger the charge.
Sexual Abuse Charges
Alabama treats unwanted sexual contact separately from intercourse offenses, with penalties that scale based on force and the victim’s age.
First-degree sexual abuse involves subjecting another person to sexual contact through force or while the victim is incapacitated. It is a Class C felony carrying 1 to 10 years in prison and fines up to $15,000.6Alabama Legislature. Alabama Code 13A-6-66 – Sexual Abuse in the First Degree4Justia Law. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
Second-degree sexual abuse covers two situations: sexual contact with someone who cannot consent due to a mental or physical condition, and contact by a person 19 or older with someone between 12 and 15. Normally a Class A misdemeanor with up to one year in jail and a $6,000 fine, it becomes a Class C felony if the offender is at least 15 years older than the victim or if it is a second offense within a year.7Alabama Legislature. Alabama Code 13A-6-67 – Sexual Abuse in the Second Degree
Sexual abuse of a child under 12 is treated far more seriously. When someone 16 or older subjects a child under 12 to sexual contact, the charge is a Class B felony carrying 2 to 20 years in prison.8Alabama Legislature. Alabama Code 13A-6-69.1 – Sexual Abuse of a Child Less Than 12 Years Old4Justia Law. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
Sexual Misconduct and Indecent Exposure
Sexual misconduct is a catch-all for sexual acts without consent that do not meet the elements of rape or sexual abuse. It covers intercourse, sodomy, and sexual contact obtained without consent or through deception. It is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $6,000.9Alabama Legislature. Alabama Code 13A-6-65 – Sexual Misconduct10Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations Even as a misdemeanor, the conviction creates a permanent record and can trigger registration requirements.
Indecent exposure involves intentionally exposing your genitals with sexual intent under circumstances likely to cause alarm. A first or second offense is a Class A misdemeanor. A third conviction becomes a Class C felony punishable by up to 10 years in prison.11Alabama Legislature. Alabama Code 13A-6-68 – Indecent Exposure4Justia Law. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies No physical contact is required.
How Long Prosecutors Have to File Charges
Alabama has no time limit on prosecuting any sex offense involving a victim under 16, regardless of whether force was used.12Alabama Legislature. Alabama Code 15-3-5 – Offenses Having No Limitation The same unlimited window applies to any felony involving force or the threat of force. A first-degree rape from 30 years ago can still be charged today.
For sex offenses outside those categories, the standard limits apply: five years for most felonies, one year for misdemeanors. Second-degree sexual abuse is normally a misdemeanor with a one-year window, but if the victim was under 16 the unlimited time frame takes over.
Federal law adds another layer. For federal offenses involving the sexual abuse or exploitation of a child under 18, prosecution can be brought during the entire life of the victim or for 10 years after the offense, whichever is longer.13Office of the Law Revision Counsel. 18 USC 3283 – Offenses Against Children Federal prosecution can proceed even when the state window has closed.
Sex Offender Registration
Alabama’s Sex Offender Registration and Community Notification Act requires anyone convicted of a covered sex offense to register with local law enforcement after sentencing or release.14Alabama Legislature. Alabama Code 15-20A-1 – Short Title The system uses three tiers:
- Tier I: annual in-person verification, registration for 15 years.
- Tier II: verification every six months, registration for 25 years.
- Tier III: verification every three months, registration for life.
Tier III offenders face residency restrictions on top of registration. They cannot live within 2,000 feet of any school, child care facility, or residential camp, or within 2,000 feet of a former victim or the victim’s immediate family.15Alabama Legislature. Alabama Code 15-20A-10 – Adult Sex Offender – Registration with Local Law Enforcement; Residence Restrictions They also cannot reside with or have overnight visits with anyone under 18.
Failing to register or absconding is itself a Class C felony carrying 1 to 10 years in prison.16Alabama Legislature. Alabama Code 15-20A-37 – Failure to Register; Absconding Alabama maintains a publicly accessible online registry, and law enforcement notifies communities when a high-risk offender moves in.
Consequences That Outlast the Sentence
A sex offense conviction sets off restrictions that continue long after any prison term ends.
Federal law bars anyone convicted of a crime punishable by more than one year from possessing firearms. Because nearly every felony sex offense in Alabama meets that threshold, a conviction for first-degree rape, second-degree rape, first-degree sexual abuse, or sexual abuse of a child under 12 permanently ends firearm rights.17Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
Employment doors close quickly. Registered offenders are broadly excluded from jobs involving children, and background checks in education, healthcare, and government surface convictions. Housing is similarly constrained. Beyond the 2,000-foot residency rules for Tier III offenders, many landlords screen tenants against the registry.
Federal charges can stack on top of state charges. Transporting someone across state lines with intent that they engage in sexual activity for which a criminal charge could be brought is a federal offense carrying up to 10 years, separate from anything Alabama imposes.18Office of the Law Revision Counsel. 18 U.S. Code 2421 – Transportation Generally
Protective Orders
Alabama’s Protection from Abuse Act lets anyone subjected to sexual violence, harassment, or threats ask a court to restrict the abuser’s contact.19Alabama Legislature. Alabama Code 30-5-1 – Short Title; Construction; Purposes Parents or guardians can file on behalf of a minor, and there is no filing fee.
When someone is in immediate danger, a court can issue an emergency ex parte order without the accused present. That temporary order lasts until a formal hearing. If the court grants a final protective order after the hearing, it is permanent by default unless the court sets a shorter duration or either party later seeks a modification.20Alabama Legislature. Alabama Code 30-5-7 – Ex Parte Orders or Modification of Protection Order
A protective order can require the abuser to stay away from the victim’s home, workplace, and school, surrender firearms, vacate a shared residence, and attend counseling. Violating any term is a criminal offense that can result in contempt charges and jail time.21Justia Law. Alabama Code Title 30, Chapter 5 – Protection from Abuse Orders issued in Alabama are enforceable in every other state under federal full faith and credit rules, even if never registered in the enforcing state.22Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders