HB387 Alabama 2010 Session

Summary

Primary Sponsor

Lesley Vance

Republican

Co-Sponsors

Steve ClouseSpencer CollierBenjamin H. Lewis

Session

Regular Session 2010

Title

Sex offenses, person in position of authority, defined, sexual conduct with child 16 to 18 years of age, prohibited, consent of child not a defense, penalties, Secs. 13A-6-60, 13A-6-61, 13A-6-64, 13A-6-66 am'd.

Summary

HB387 would ban sexual contact between anyone in a position of authority over a child and the child, regardless of the child's ability to consent.

What This Bill Does

The bill extends existing sex offense laws to forbid any sexual contact by a person in authority over a child under 18. It defines 'person in a position of authority' to include many roles such as parent, guardian, teacher, coach, employer, religious leader, doctor, police or probation officer, and others when they supervise or have custody of a child. If such an authority figure engages in sexual activity with a child, consent by the child is not a defense, and the offenses can be charged as rape in the first degree, sodomy in the second degree, or sexual abuse in the first degree, with special rules for 16- to 17-year-olds. The bill notes it would involve new local-funding implications but falls under exceptions that keep it from requiring local-entity approval, and it would take effect on the first day of the third month after passage and governor approval.

Who It Affects

• Adults who hold positions of authority over minors (e.g., parents/guardians, employers, teachers, coaches, religious leaders, doctors, police, probation officers) when they supervise or have custody of a child under 18; they would be committing serious felonies if they have sexual contact or intercourse with the child.
• Minors under 18 who are supervised or under the authority of such adults; they would be protected from sexual contact by those in authority, including cases involving 16- and 17-year-olds.

Key Provisions

• Defines 'person in a position of authority' to include a wide range of roles (e.g., parent, guardian, employer, teacher, coach, counselor, school administrator, religious leader, doctor, police or probation officer, and other adults in the child’s home or care).
• Prohibits any sexual contact or sexual intercourse by a person in authority with a child under 18, regardless of the child's consent.
• Consent of the child is not a defense in these provisions.
• For intercourse with a child aged 16-17, being a person in authority over the child leads to charges of rape in the first degree (Class A felony).
• For deviate sexual intercourse with a child aged 16-17, being a person in authority over the child leads to charges of sodomy in the second degree (Class B felony).
• For sexual contact with a child aged 16-17, being a person in authority over the child leads to charges of sexual abuse in the first degree (Class C felony).
• The bill creates amendments to Sections 13A-6-60, 13A-6-61, 13A-6-64, and 13A-6-66 to implement these changes.
• It is excluded from Amended Amendment 621 local-funding requirements because the bill defines a new crime or amends an existing crime.
• Effective date: the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses