SB384 Alabama 2010 Session

Summary

Primary Sponsor

Harri Anne Smith

Republican

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

SB384 would prohibit any person in a position of authority over a child from having sexual contact with that child, regardless of the child's ability to consent, and would apply existing rape, sodomy, and sexual abuse penalties to such acts.

What This Bill Does

The bill expands rape, sodomy, and sexual abuse laws to make it illegal for someone in a position of authority over a child to have sexual contact with that child, even if the child is 16–18 and could otherwise consent. It defines who counts as a 'person in a position of authority' (including parents, guardians, employers, teachers, coaches, doctors, police officers, and other adults who supervise or care for a child) and specifies that consent is not a defense in these cases. It creates or updates offenses with penalties: first-degree rape (Class A felony) when a person in authority has sexual intercourse with a 16–18-year-old child; first-degree sexual abuse (Class C felony) when such a person subjects the child to sexual contact; and second-degree sodomy (Class B felony) for deviate sexual intercourse. The act becomes effective after governor approval and a specified waiting period, and it notes local-funding considerations under Amendment 621, indicating the bill is exempt from those local requirements because it defines a new crime or amends an existing one.

Who It Affects

• Children under 18, especially those aged 16–17, who would be protected from sexual acts by someone in authority over them.
• Adults who have authority over or supervise children (e.g., parents, guardians, teachers, coaches, employers, doctors, police officers, etc.) who would face criminal charges if they engage in sexual activity with a child under authority.

Key Provisions

• Defines 'person in a position of authority' to include a wide range of roles such as parent, guardian, employer, teacher, coach, doctor, police officer, and other adults in supervisory or custodial roles over a child under 18.
• Amends §13A-6-61 to make it a Class A felony for a person in authority over a child aged 16–18 to have sexual intercourse with that child, with consent of the child not being a defense.
• Amends §13A-6-64 to make it a Class B felony for a person in authority over a child aged 16–18 to engage in deviate sexual intercourse with the child, with consent not a defense.
• Amends §13A-6-66 to make it a Class C felony for a person in authority over a child aged 16–18 to subject the child to sexual contact, with consent not a defense.
• Defines key terms used in the article, including sexual intercourse, deviate sexual intercourse, and sexual contact, and clarifies the scope of 'authority' and related concepts.

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