HB51 Alabama 2010 Session

Summary

Primary Sponsor

H. Mac Gipson

Republican

Session

Regular Session 2010

Title

Sex offenses, sexual conduct with child 16 to 18 years of age by teachers, counselors, coaches, school administrators, or other persons in substantially similar position of authority, prohibited, consent of child not a defense, penalties, Secs. 13A-6-61, 13A-6-64, 13A-6-66 am'd.

Summary

HB51 would bar teachers and other school staff in positions of authority from having sexual contact with students aged 16–17, making such acts illegal even if the student could legally consent, and it assigns felony penalties.

What This Bill Does

The bill amends rape, sodomy, and sexual abuse laws to prohibit sexual contact by school staff in authority with students aged 16 to 17, regardless of consent. It states that consent is not a defense and imposes felony penalties: first-degree rape (Class A felony), second-degree sodomy (Class B felony), and first-degree sexual abuse (Class C felony) for those acts. It also notes local-funding considerations under Amendment 621 and says the bill is exempt from the usual local-expenditure requirements due to specified exceptions, with an effective date of the first day of the third month after passage and governor approval.

Who It Affects

• Students aged 16–17 in Alabama schools would be protected from sexual contact by staff in authority at their school; such contact would be illegal regardless of consent.
• School staff in positions of authority (teachers, counselors, coaches, administrators, or similar roles) would be prohibited from engaging in sexual contact with students aged 16–17 and could face felony charges if they do.

Key Provisions

• Prohibits sexual intercourse, deviate sexual intercourse, or sexual contact between a person in a position of authority at a school and a student aged 16–17, regardless of the student’s ability to consent.
• Consent of the student is not a defense under these provisions.
• Rape in the first degree (Class A felony) applies when a staff member engages in intercourse with a student aged 16–17 at a school.
• Sodomy in the second degree (Class B felony) applies when a staff member engages in deviate sexual intercourse with a student aged 16–17 at a school.
• Sexual abuse in the first degree (Class C felony) applies when a staff member subjects a student aged 16–17 to sexual contact at a school.
• The bill would be treated as affecting local expenditures; it is exempt from Amendment 621 requirements due to specified exceptions in the Constitution, meaning it does not require local-entity approval or a 2/3 vote to become law.
• Effective date: the act becomes effective on the first day of the third month following its passage and governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses