SB268 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

Ben H. BrooksGreg J. ReedPhillip W. Williams

Session

Regular Session 2012

Title

Sodomy in the second degree, defendant guilty of offense only if defendant is two years older than victim, Sec. 13A-6-64 am'd.

Summary

SB268 changes sodomy in the second degree to require the offender to be at least two years older than a victim who is 13–15 years old (and at least 16 themselves), while preserving a separate protection for mentally incapacitated victims, and keeps the offense as a Class B felony.

What This Bill Does

The offense would apply only when the offender is at least 16 years old and at least two years older than a victim aged 13–15. A separate provision still makes deviate sexual intercourse with a person unable to consent due to mental defect a sodomy in the second degree. Sodomy in the second degree remains a Class B felony, with an effective date set for the first day of the third month after passage and approval.

Who It Affects

• Offenders who are at least 16 years old and who would be two or more years older than a 13–15-year-old victim (the offense applies only under those age-gap conditions).
• Victims aged 13–15, who are the age range covered by this offense under the two-year age-gap rule.
• Individuals incapable of consenting due to mental defect, who remain covered by the separate clause in the statute.

Key Provisions

• Amends Section 13A-6-64 to require the actor to be at least two years older than a victim aged less than 16 but more than 12 (i.e., 13–15), and to be at least 16 years old.
• Maintains a separate provision: if the victim is incapable of consent due to mental defect, deviate sexual intercourse remains sodomy in the second degree.
• Classifies sodomy in the second degree as a Class B felony.
• Sets the act to become effective on the first day of the third month after its passage and approval by the Governor.

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