HB 501

Under existing law, indecent exposure is a Class A misdemeanor, except for a third or subsequent conviction, which is a Class C felony

This bill would provide any conviction of indecent exposure that occurs on or near the property of a school or child care facility would be a Class C felony

This bill would also provide that a youthful offender adjudication shall be considered a conviction only for enhancing indecent exposure violations

Under existing law, enticing a child for immoral purposes does not include the performance of exposing genitals to a child

This bill would include exposing genitals, pursuant to indecent exposure, as an offense under enticing a child for immoral purposes

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to sexual offenses; to amend Sections 13A-6-68, 13A-6-69, and 15-19-7, Code of Alabama 1975, to provide for enhanced penalties under indecent exposure when the victim is a child; to include indecent exposure as an offense under enticing a child for immoral purposes; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Sections 13A-6-68, 13A-6-69, and 15-19-7, Code of Alabama 1975, are amended to read as follows:

§13A-6-68.

(a) A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or herself or of any person other than his or her spouse, he or she exposes his or her genitals under circumstances in which he or she knows his or her conduct is likely to cause affront or alarm in any public place or on the private premises of another or so near thereto as to be seen from such the private premises.

(b) Indecent exposure is a Class A misdemeanor except:

(1) a A third or subsequent conviction shall be a Class C felony. For purposes of this section only, an adjudication under the youthful offender act shall be considered a conviction.

(2) A conviction under this section where the offender was 18 years of age or older at the time of the offense and the offense occurs on or near the property of any school or child care facility, as defined in Section 15-20A-4, shall be a Class C felony.

(3) A conviction under this section where the offender was 18 years of age or older at the time of the offense and the victim was 12 years of age or younger shall be a Class C felony.

§13A-6-69.

(a) It shall be unlawful for any person with lascivious intent to entice, allure, persuade, or invite, or attempt to entice, allure, persuade, or invite, any child under 16 years of age to enter any vehicle, room, house, office, or other place for the purpose of:

(1) proposing Proposing to such the child the performance of an act of sexual intercourse or an act which constitutes the offense of sodomy; or

(2) for the purpose of proposing Proposing the fondling or feeling of the sexual or genital parts of such the child or the breast of such child,; or

(3) for the purpose of committing Committing an aggravated assault on such the child,; or

(4) for the purpose of proposing Proposing that such the child fondle or feel the sexual or genital parts of such person.; or

(5) Exposing genitals to the child pursuant to Section 13A-6-68.

(b) A violation of this section is a Class C felony.

§15-19-7.

(a) No determination made under the provisions of this chapter shall disqualify any youth for public office or public employment, operate as a forfeiture of any right or privilege or make him or her ineligible to receive any license granted by public authority, and such determination shall not be deemed a conviction of crime except as provided in Section 13A-6-68; provided, however, that if he or she is subsequently convicted of crime, the prior adjudication as youthful offender shall be considered.

(b) The fingerprints and photographs and other records of a person adjudged a youthful offender shall not be open to public inspection unless the person adjudged a youthful offender is treated as an adult sex offender according to Section 15-20A-35; provided, however, that the court may, in its discretion, permit the inspection of papers or records.

(c) Prosecutors representing the State of Alabama shall have access to fingerprints, photographs, and other records of a person adjudged a youthful offender contained in the court file regardless of the jurisdiction from which the file originates."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.