HB374 Alabama 2015 Session

Summary

Primary Sponsor

Connie C. Rowe

Republican

Session

Regular Session 2015

Title

Sex crimes, sexual misconduct, lack of consent required, crimes of rape in the 3rd degree, sodomy in the 3rd degree and sexual abuse in 3rd degree created to address circumstances where both parties are below age of consent, Secs. 13A-6-65, 13A-6-70, 15-20A-5, 15-20A-6 am'd.

Summary

HB374 tightens consent rules and creates new third-degree sex crimes for teen offenders with younger victims, while placing these offenses under the sex-offender registry.

What This Bill Does

It revises the sexual misconduct statute to require lack of consent or consent obtained by fraud or artifice. It creates rape in the third degree, sodomy in the third degree, and sexual abuse in the third degree to apply when the offender is under 16 and the victim is under 12, with those acts classified as Class A misdemeanors. It adds these new offenses to the Sex Offender Registration and Notification Act, subjecting offenders to sex-offender registration and verification. The bill notes a constitutional funding provision and sets the effective date as the first day of the third month after the governor signs it, while stating it is exempt from certain local-funding approval requirements because it defines new crimes or amends existing ones.

Who It Affects

• Juvenile offenders under 16 (especially ages 12-15) who commit sexual acts with someone under 12, who could be charged with rape third degree, sodomy third degree, or sexual abuse third degree.
• Children under 12 who could be victims in these new offenses.
• People convicted or adjudicated delinquent for these offenses, who would be required to register as sex offenders under SORNA.
• Local governments, in that the bill is described as exempt from local funding approval requirements under Amendment 621 because it creates new crimes or amends existing ones.

Key Provisions

• Amends 13A-6-65 and 13A-6-70 to require lack of consent or consent obtained through fraud or artifice for sexual misconduct, and clarifies lack of consent definitions.
• Creates rape in the third degree, sodomy in the third degree, and sexual abuse in the third degree for cases where the perpetrator is under 16 and the victim is under 12; these offenses are Class A misdemeanors.
• Adds the new third-degree offenses to the Sex Offender Registration and Notification Act (as sex offenses) and lists them within the defined sex-offense categories.
• Sections outline the effective date (first day of the third month after governor’s approval) and include a constitutional funding note indicating local-funding requirements are not triggered due to these crime definitions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Sex Crimes