HB388 Alabama 2010 Session

Summary

Primary Sponsor

Lesley Vance

Republican

Co-Sponsors

Steve ClouseSpencer CollierBenjamin H. Lewis

Session

Regular Session 2010

Title

Sex offenses, school officials or foster parents, 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

HB388 would bar school officials and foster parents from sexual contact with students aged 16 to 18, even if the student could legally consent, and would set related penalties.

What This Bill Does

The bill amends rape, sodomy, and sexual abuse laws to prohibit sexual intercourse, deviate sexual intercourse, and sexual contact between a school official or foster parent and a child aged 16–18, with no defense of consent. It defines who counts as a school official or foster parent and states that consent by the child is not a defense. Offenders would face specific felonies (Class A for rape in the first degree, Class B for sodomy in the second degree, Class C for sexual abuse in the first degree) for these acts. The bill notes it is exempt from certain local-funding requirements because it creates or amends a crime, and it takes effect on the first day of the third month after passage and governor approval.

Who It Affects

• School officials or foster parents: would be criminally liable for sexual acts with students aged 16–18 and could face Class A, Class B, or Class C felonies depending on the act.
• Students aged 16–18 in schools or in foster care: protected from sexual contact by those in supervisory or custodial roles.

Key Provisions

• Defines School Official as any school employee in a position to supervise or control a child aged 18 or younger.
• Defines Foster Parent as a person who has been assigned by the Department of Human Resources as the legal custodian of a child 18 or younger and may supervise or control the child.
• Prohibits a school official or foster parent from engaging in sexual intercourse, deviate sexual intercourse, or sexual contact with a child aged 16–18, regardless of the child's consent.
• Consent of the child is not a defense for these acts.
• Classifies the corresponding offenses as: rape in the first degree (Class A felony) for sexual intercourse with a child 16–18 by a school official or foster parent; sodomy in the second degree (Class B felony) for deviate sexual intercourse; sexual abuse in the first degree (Class C felony) for sexual contact.
• Section 2 states the bill is exempt from Amendment 621 local-funding requirements because it defines a new crime or amends an existing one.
• Section 3 establishes the bill's effective date as 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