HB828 Alabama 2010 Session

Summary

Primary Sponsor

Mac McCutcheon

Republican

Session

Regular Session 2010

Title

Sexual offenses, age of consent for sexual acts increased, Secs. 13A-6-62, 13A-6-64, 13A-6-67, 13A-6-69, 13A-6-70, 13A-6-120 am'd.

Summary

HB828 would raise the age of consent for sexual acts to 18 and rewrite several sexual-offense laws to reflect that change, while also addressing local-funding approval rules.

What This Bill Does

The bill sets 18 as the new age of consent and updates the definitions of 'child' and related consent concepts across several offenses. It amends sections on rape in the second degree, sodomy in the second degree, sexual abuse in the second degree, and related provisions to align with the 18-year threshold and to specify penalties. It also clarifies when lack of consent exists ( forcible force, incapacity, etc.). The accompanying constitutional language moves the bill forward by creating changes to crimes, and it becomes law after the governor signs, without requiring local-government funding approvals under Amendment 621.

Who It Affects

• Minors under 18 are afforded stronger protection, as the bill defines 'child' as under 18 and makes sexual acts with someone under 18 illegal under revised offenses.
• Adults 18 and older who engage in sexual acts with someone under 18 could face updated or new offenses (e.g., rape second degree, sodomy second degree, sexual abuse second degree) with specified penalties.

Key Provisions

• Raises the age of consent for sexual acts to 18 and defines 'child' as under 18 for the article.
• Amends sections 13A-6-62 (rape second degree), 13A-6-64 (sodomy second degree), 13A-6-67 (sexual abuse second degree), 13A-6-69 (enticement of a minor), 13A-6-70 (consent), and 13A-6-120 (definition of child) to implement the 18-year threshold and related elements.
• Penalties include Class B felonies for rape and sodomy second degree, Class A misdemeanor for sexual abuse second degree (with Class C felony for second/subsequent offenses within one year), and Class C felony for certain enticement offenses.
• Constitutional provision (Amendment 621) is treated as applying to the bill, but the bill is exempt from local-funding approval requirements because it defines a new or changed crime; the act becomes effective the first day of the third month after governor 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