Second degree rape in Alabama is a Class B felony under Alabama Code 13A-6-62, applied when someone 16 or older has sexual intercourse with a person who is at least 12 but under 16, and the older person is at least two years older than the younger. A conviction carries two to twenty years in prison, fines up to $30,000, mandatory lifetime sex offender registration, and no possibility of probation. Because the victim is under 16, there is no statute of limitations on the charge.1Alabama Legislature. Alabama Code 13A-6-62 – Rape in the Second Degree
What Prosecutors Have to Prove
The statute has three elements, and each has to be proven beyond a reasonable doubt. The defendant was 16 or older at the time. The other person was at least 12 but under 16. And the defendant was at least two years older than the other person.1Alabama Legislature. Alabama Code 13A-6-62 – Rape in the Second Degree
The two-year gap is a bright line built into the statute. If the parties are fewer than two years apart, the conduct does not meet the definition of second degree rape, regardless of anything else. That functions as Alabama’s version of a “Romeo and Juliet” exception, keeping the law from criminalizing sex between teenagers who are close in age.
The current statute uses gender-neutral language (“another person”), so the charge applies regardless of the sex of either party. Older versions limited the offense to intercourse with “a member of the opposite sex,” but that language has been removed.1Alabama Legislature. Alabama Code 13A-6-62 – Rape in the Second Degree
How It Differs From First Degree Rape
First degree rape under Alabama Code 13A-6-61 is a Class A felony covering more serious scenarios: forcible compulsion, a victim who is physically helpless or mentally incapacitated, or a victim under 12. A Class A felony carries 10 to 99 years or life.
Second degree rape does not require force. The charge rests on the ages of the parties and the gap between them. The prosecution does not need to prove the victim resisted or was physically overpowered. The age combination alone is enough.1Alabama Legislature. Alabama Code 13A-6-62 – Rape in the Second Degree
Prison Time and Fines
As a Class B felony, second degree rape carries not less than two years and not more than twenty years in prison. Alabama’s sentencing statute specifies that felony imprisonment includes hard labor.2Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
On top of prison time, the court can impose a fine of up to $30,000. Alabama also allows an alternative calculation: the fine can equal up to double the financial gain to the defendant or loss to the victim, whichever is greater, if that amount exceeds $30,000.3Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
No Probation and No Split Sentence
Alabama judges normally have the option to “split” a felony sentence, ordering a shorter prison term followed by probation. For second degree rape, that option is not available. Alabama Code 15-18-8 bars probation for any sex offense involving a child that is classified as a Class A or Class B felony.4Alabama Legislature. Alabama Code 15-18-8 – Split Sentencing
A person convicted of second degree rape will serve actual prison time. There is no path to probation-only or a brief jail stay followed by community supervision, which sets this charge apart from many other Class B felonies where judges have more flexibility.
No Statute of Limitations
Because the victim is under 16 by definition, Alabama imposes no time limit on prosecution. Alabama Code 15-3-5 eliminates the statute of limitations for any sex offense listed in Section 15-20A-5 when the victim is under 16.5Alabama Legislature. Alabama Code 15-3-5 – Offenses Having No Limitation Charges can be brought years or decades after the alleged conduct.
Lifetime Sex Offender Registration
A conviction triggers mandatory registration under Alabama’s Sex Offender Registration and Community Notification Act in Title 15, Chapter 20A. Adult sex offenders must appear in person during their birth month and every three months after that to verify their registration with local law enforcement. The obligation lasts for life.
Registration reaches well beyond checking in with police. Chapter 20A restricts where registered offenders can live, where they can work, and which places they can visit. Schools, childcare facilities, and similar locations are generally off limits. Offenders must carry identification that reflects their status and comply with travel-reporting rules when leaving the state.
If an offender moves to another state, the federal Sex Offender Registration and Notification Act (SORNA) imposes its own framework, with tiered verification schedules; the most serious tier requires in-person appearances every three months for life.6SMART Office. SORNA In Person Registration Requirements
Federal Consequences
Because a second degree rape conviction is a felony punishable by more than one year, it triggers the permanent federal firearms ban under 18 U.S.C. § 922(g). The statute has no expiration and no exception for the passage of time. Even after completing a sentence and parole, a convicted person cannot legally own, carry, or receive a firearm anywhere in the United States.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Housing is a second area where federal law extends beyond the sentence. Under 42 U.S.C. § 13663, anyone subject to a lifetime sex offender registration requirement is permanently barred from federally assisted housing, including public housing and Section 8. The statute requires housing operators to screen applicants and current tenants and to deny admission or pursue eviction when they identify a lifetime registrant.8Office of the Law Revision Counsel. 42 USC 13663 – Ineligibility of Dangerous Sex Offenders for Admission to Public Housing
Available Defenses
Second degree rape is largely an “age crime.” The elements are almost entirely about how old each party was, which narrows the available defenses compared with charges that require proof of force or intent.
Challenging the Age Elements
The most direct defense is disproving one of the age requirements: showing that the defendant was under 16, that the other person was 16 or older, or that the age gap was less than two years. If any single element fails, the charge does not hold. Birth certificates, school records, and identification documents are the usual evidence on both sides. Most second degree rape cases are either won or lost on these elements at trial.1Alabama Legislature. Alabama Code 13A-6-62 – Rape in the Second Degree
Consent and Mistake of Age Are Not Defenses
Alabama treats the ability to consent as fundamentally limited by age. The statute contains no “reasonable belief” exception for a defendant who thought the other person was 16 or older. Unlike some other states that allow a defendant to argue they genuinely and reasonably believed the other person was above the age of consent, Alabama’s second degree rape statute has no such provision. A defendant who says “I thought they were 16” is answering a question the statute does not ask.
Alabama Code 13A-6-70 recognizes consent as a general element of sex offenses, but the age structure of second degree rape effectively removes consent from the equation. When the other person is under 16, the age gap itself is the basis for criminal liability.
Constitutional and Procedural Challenges
Defendants keep the right to challenge how evidence was gathered. If police obtained statements without proper warnings, conducted searches without warrants, or mishandled physical evidence, defense counsel can move to suppress. A successful suppression ruling can leave a case unprovable even when the underlying facts would otherwise support a conviction. These protections apply in sex offense cases the same as any other.