SB431 Alabama 2011 Session

Summary

Primary Sponsor

Del Marsh

Republican

Co-Sponsors

Ben H. BrooksGreg J. ReedDick BrewbakerPhillip W. WilliamsClay Scofield

Session

Regular Session 2011

Title

Rape in the second degree, crime further defined, includes sexual activity by person age 17 or older with person less than 17 but more than 12, Sec. 13A-6-62 am'd.

Summary

This bill would expand second-degree rape to cover sexual activity by someone 17 or older with a person aged 13 to 16, and defines the act broadly as any sex act or touching of genitals.

What This Bill Does

If enacted, it would amend the rape in the second degree statute to include sexual activity by a 17+ year-old with a person 13-16 years old (with the older being at least two years older). Sexual activity would include intercourse, oral sex, or touching/exposing the genitals of either person. The offense would remain a Class B felony, and it would also apply when the younger person cannot consent due to mental incapacity. The bill is exempt from local-funding approval requirements under a constitutional exception because it defines a new crime or amends an existing one.

Who It Affects

• Victims aged 13-16 who could be charged with rape in the second degree if an older person (17+) engages in sexual activity with them (and the age difference is at least two years).
• Offenders aged 17 or older who engage in sexual activity with someone aged 13-16, who would be subject to rape in the second degree (Class B felony).

Key Provisions

• Amends Section 13A-6-62 to redefine rape in the second degree to include sexual activity by a person 17 or older with a person 13 to 16 years old, with the older person at least two years older.
• Sexual activity is defined as any single act of intercourse, oral sex, or touching/exposing the genitals of either party.
• Rape in the second degree remains a Class B felony.
• Includes a provision that the younger person could be incapable of consent due to mental defect as a factor.
• Effective date: the act becomes law on the first day of the third month after passage and governor’s approval.
• The bill is exempt from local-funding approval requirements under Amendment 621 because it defines a new crime or amends the definition of an existing crime.

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