HB612 Alabama 2015 Session

Summary

Primary Sponsor

Patricia Todd

Democrat

Session

Regular Session 2015

Title

Sex crimes, sexual misconduct, further provided for, consent defined, Secs. 13A-6-65, 13A-6-70 am'd.

Summary

HB612 changes Alabama's sexual misconduct law to require lack of consent (or consent obtained by fraud) and defines consent, while noting a local-funding exemption.

What This Bill Does

It rewrites the sexual misconduct statute to make lack of consent or consent obtained by fraud the key factor, replacing a prior standard where consent was not a defense regardless of age. It defines what counts as consent and when there is no consent, including forcible compulsion, incapacity, or circumstances where the victim does not expressly or impliedly consent. It keeps sexual misconduct as a Class A misdemeanor. It also explains that, although the bill could affect local expenditures, it is exempt from the local-funding requirements because it creates or amends a crime, and it becomes effective three months after passage and governor approval.

Who It Affects

• Potential sexual assault or misconduct victims who would have clearer protections about when consent exists or does not exist.
• People accused of sexual misconduct or related acts, who would be charged under the revised consent definitions.

Key Provisions

• Amends 13A-6-65 to define sexual misconduct as sexual acts without consent or with consent obtained by fraud or artifice; consent is not a defense to prosecution under this provision.
• Amends 13A-6-70 to establish consent as an element of offenses and to define lack of consent as arising from forcible compulsion, incapacity to consent, or circumstances where the victim does not expressly or impliedly consent (including in sexual abuse cases).
• Specifies that a person is incapable of consent if under 16 years old, mentally defective, mentally incapacitated, or physically helpless.
• Maintains sexual misconduct as a Class A misdemeanor.
• States the bill is exempt from Amendment 621 local-funding requirements because it creates or amends a crime.
• Effective date: first day of the third month after passage and governor's approval.

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