SB 354

Session
Regular Session 2018
Title
Sexual offenses, redefined certain sexual offenses, sex offender registration, community notification act, add foster parent engaging in sex act, technical revisions, Secs. 13A-6-60 to 13A-6-67, inclusive, 13A-6-70, 13A-6-71, 13A-6-81 to 13A-6-83, inclusive, 13A-6-122, 13A-6-241, 13A-6-243, 13A-11-9, 13A-12-120, 13A-12-121, 15-20A-5, 15-20A-6, 15-20A-44, 15-23-101, 15-23-102 am'd.
Description

Under existing law, deviate sexual intercourse is defined as any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another

Under existing law, sexual contact is defined as any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party

Under existing law, mental defectiveness, mental incapacitation, and physical helplessness are individually defined and separated into various sexual offenses

This bill would rename deviate sexual intercourse as sexual battery; include mental defectiveness, mental incapacitation, and physical helplessness in a broad definition of incapacitation; and further redefine sexual contact to include touching that occurs through clothing without regard to marital relationship

Under existing law, forcible compulsion requires physical force that overcomes earnest resistance or a threat that places a person in fear of immediate death of serious physical injury

This bill would expand the definition of forcible compulsion

Under existing law, sexual misconduct only involves sexual intercourse and deviate sexual intercourse

This bill would provide that certain sexual contact can be an offense under sexual misconduct

Existing law sometimes provides for offenses to be committed only on a member of the perpetrator's opposite sex

Under existing law, sexual torture only involves penetration with an inanimate object

This bill would remove the requirement that certain offenses may only be committed on a member of the perpetrator's opposite sex and would include certain types of infliction of physical injury to sexual organs as an additional offenses under sexual torture

This bill would also make certain technical corrections, including numbering errors contained within lists, of the Alabama Sex Offender Registration and Notification provisions; and specify that a conviction of a foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child is considered a sex crime for purposes of registration and notification

Under existing law, a person charged with the crime of rape, sodomy, or sexual misconduct may be ordered by a court to submit to a test for sexually transmitted diseases if requested by an alleged victim or the parent or guardian of an alleged victim

This bill would also authorize testing for other crimes in which the victim was compelled to engage in sexual activity by force and would require that testing be performed within 48 hours of service of an information or indictment, if an information or indictment has been presented and the defendant is in custody

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-6-60, 13A-6-61, 13A-6-62, 13A-6-63, 13A-6-64, 13A-6-65, 13A-6-65.1, 13A-6-66, 13A-6-67, 13A-6-70, 13A-6-71, 13A-6-81, 13A-6-82, 13A-6-83, 13A-11-9, 13A-12-120, 13A-12-121, 15-20A-6, 15-20A-44, 15-23-101, and 15-23-102, Code of Alabama 1975, and Sections 13A-6-122, 13A-6-241, 13A-6-243, and 15-20A-5, Code of Alabama 1975, as added or amended by Act 2017-414, 2017 Regular Session, to revise certain definitions and sexual offenses; to expand the definition of forcible compulsion; to provide that certain sexual contact can be an offense under sexual misconduct; to provide additional offenses for sexual torture; to include foster parent engaging in sex act to sex offender registration and notification and make technical corrections; to authorize a sexually transmitted disease test in other crimes where the victim was forced to engage in sexual activity; 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.

Subjects
Sexual Offenses
View Original PDF: SB 354 - Introduced - PDF

Under existing law, deviate sexual intercourse is defined as any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another

Under existing law, sexual contact is defined as any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party

Under existing law, mental defectiveness, mental incapacitation, and physical helplessness are individually defined and separated into various sexual offenses

This bill would rename deviate sexual intercourse as sexual battery; include mental defectiveness, mental incapacitation, and physical helplessness in a broad definition of incapacitation; and further redefine sexual contact to include touching that occurs through clothing without regard to marital relationship

Under existing law, forcible compulsion requires physical force that overcomes earnest resistance or a threat that places a person in fear of immediate death of serious physical injury

This bill would expand the definition of forcible compulsion

Under existing law, sexual misconduct only involves sexual intercourse and deviate sexual intercourse

This bill would provide that certain sexual contact can be an offense under sexual misconduct

Existing law sometimes provides for offenses to be committed only on a member of the perpetrator's opposite sex

Under existing law, sexual torture only involves penetration with an inanimate object

This bill would remove the requirement that certain offenses may only be committed on a member of the perpetrator's opposite sex and would include certain types of infliction of physical injury to sexual organs as an additional offenses under sexual torture

This bill would also make certain technical corrections, including numbering errors contained within lists, of the Alabama Sex Offender Registration and Notification provisions; and specify that a conviction of a foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child is considered a sex crime for purposes of registration and notification

Under existing law, a person charged with the crime of rape, sodomy, or sexual misconduct may be ordered by a court to submit to a test for sexually transmitted diseases if requested by an alleged victim or the parent or guardian of an alleged victim

This bill would also authorize testing for other crimes in which the victim was compelled to engage in sexual activity by force and would require that testing be performed within 48 hours of service of an information or indictment, if an information or indictment has been presented and the defendant is in custody

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-6-60, 13A-6-61, 13A-6-62, 13A-6-63, 13A-6-64, 13A-6-65, 13A-6-65.1, 13A-6-66, 13A-6-67, 13A-6-70, 13A-6-71, 13A-6-81, 13A-6-82, 13A-6-83, 13A-11-9, 13A-12-120, 13A-12-121, 15-20A-6, 15-20A-44, 15-23-101, and 15-23-102, Code of Alabama 1975, and Sections 13A-6-122, 13A-6-241, 13A-6-243, and 15-20A-5, Code of Alabama 1975, as added or amended by Act 2017-414, 2017 Regular Session, to revise certain definitions and sexual offenses; to expand the definition of forcible compulsion; to provide that certain sexual contact can be an offense under sexual misconduct; to provide additional offenses for sexual torture; to include foster parent engaging in sex act to sex offender registration and notification and make technical corrections; to authorize a sexually transmitted disease test in other crimes where the victim was forced to engage in sexual activity; 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-6-60, 13A-6-61, 13A-6-62, 13A-6-63, 13A-6-64, 13A-6-65, 13A-6-65.1, 13A-6-66, 13A-6-67, 13A-6-70, 13A-6-71, 13A-6-81, 13A-6-82, 13A-6-83, 13A-11-9, 13A-12-120, 13A-12-121, 15-20A-6, 15-20A-44, 15-23-101, and 15-23-102, Code of Alabama 1975, and Sections 13A-6-122, 13A-6-241, 13A-6-243, and 15-20A-5, Code of Alabama 1975, as added or amended by Act 2017-414, 2017 Regular Session, are amended to read as follows:

§13A-6-60.

The following definitions apply in this article:

(1) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.

(2) DEVIATE SEXUAL INTERCOURSE. Any act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another. SEXUAL BATTERY. Any sexual act involving the genitals of one person and the mouth or anus of another person. Penetration is not required.

(3) SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person not married to the actor, done for the purpose of gratifying the sexual desire of either party. Sexual contact does not require skin to skin contact.

(4) FEMALE. Any female person. INCAPACITATED. Such term includes any of the following:

a. A person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct.

b. A person who is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and such condition was known or should have been reasonably known to the offender.

c. A person who is unable to give consent or to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.

(5) MENTALLY DEFECTIVE. Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.

(6) MENTALLY INCAPACITATED. Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent.

(7) PHYSICALLY HELPLESS. Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(8) (5) FORCIBLE COMPULSION. Physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person. Use of, or threatened use of, physical force or violence or the use of restraint, duress, menace, coercion, or physical injury, express or implied. Forcible compulsion also includes moral, psychological, or intellectual force. Factors to consider in determining force include, but are not limited to, the respective ages and sizes of the victim and the accused; the respective mental and physical conditions of the victim and the accused; the atmosphere and physical setting in which the incident was alleged to have taken place; the extent to which the accused may have been in a position of authority, domination, or custodial control over the victim; or whether the victim was under duress. Forcible compulsion does not include proof of resistance by the victim.

§13A-6-61.

(a) A person commits the crime of rape in the first degree if:

(1) He or she engages in sexual intercourse with a member of the opposite sex another person by forcible compulsion; or

(2) He or she engages in sexual intercourse with a member of the opposite sex another person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex another person who is less than 12 years old of age.

(b) Rape in the first degree is a Class A felony.

§13A-6-62.

(a) A person commits the crime of rape in the second degree if:

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex another person who is less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex other person.

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

(b) Rape in the second degree is a Class B felony.

§13A-6-63.

(a) A person commits the crime of sodomy in the first degree if:

(1) He or she engages in deviate sexual intercourse battery with another person by forcible compulsion; or

(2) He or she engages in deviate sexual intercourse battery with a another person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) He or she, being 16 years old or older, engages in deviate sexual intercourse battery with a person who is less than 12 years old of age.

(b) Sodomy in the first degree is a Class A felony.

§13A-6-64.

(a) A person commits the crime of sodomy in the second degree if:

(1) He or she, being 16 years old or older, engages in deviate sexual intercourse battery with another person less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the other person.

(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.

(b) Sodomy in the second degree is a Class B felony.

§13A-6-65.

(a) A person commits the crime of sexual misconduct if:

(1) Being a male, he He or she engages in sexual intercourse with a female another person without his or her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or

(2) Being a female, she engages in sexual intercourse with a male without his consent; or

(3)(2) He or she engages in deviate sexual intercourse battery with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64; or with consent where consent was obtained by the use of fraud or artifice.; or Consent is no defense to a prosecution under this subdivision.

(3) He or she engages in sexual contact with another person without his or her consent under circumstances other than those under Sections 13A-6-66, 13A-6-67, and 13A-6-69.1; or with consent where consent was obtained by the use of fraud or artifice.

(b) Sexual misconduct is a Class A misdemeanor.

§13A-6-65.1.

(a) A person commits the crime of sexual torture:

(1) By penetrating the vagina, or anus, or mouth of another person with an inanimate object by forcible compulsion with the intent to sexually torture or to sexually abuse; or.

(2) By penetrating the vagina or, anus, or mouth of a person who is incapable of consent by reason of physical helplessness or mental incapacity being incapacitated with an inanimate object, with the intent to sexually torture or to sexually abuse; or.

(3) By penetrating the vagina, or anus, or mouth of a person who is less than 12 years old with an inanimate object, by a person who is 16 years old or older with the intent to sexually torture or to sexually abuse; or.

(4) By inflicting physical injury, including, but not limited to, burning, crushing, wounding, mutilating, or assaulting the sex organs or intimate parts of another person with the intent to sexually torture or sexually abuse.

(b) The crime of sexual torture is a Class A felony.

§13A-6-66.

(a) A person commits the crime of sexual abuse in the first degree if:

(1) He or she subjects another person to sexual contact by forcible compulsion; or

(2) He or she subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.

(b) Sexual abuse in the first degree is a Class C felony.

§13A-6-67.

(a) A person commits the crime of sexual abuse in the second degree if:

(1) He or she subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or

(2) He or she, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

(b) Sexual abuse in second degree is a Class A misdemeanor, except that if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.

§13A-6-70.

(a) Whether or not specifically Unless otherwise stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, is that the sexual act was committed without the consent of the victim.

(b) Lack of consent results from:

(1) Forcible compulsion; or

(2) Incapacity to consent Being incapable of consent.; or

(3) If the offense charged is sexual abuse, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

(c) A person is deemed incapable of consent if he the person is:

(1) Less than 16 years old; or

(2) Mentally defective; or Incapacitated.

(3) Mentally incapacitated; or

(4) Physically helpless.

(d) Consent to engage in sexual intercourse, sexual battery, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient to constitute consent.

§13A-6-71.

(a) A person commits the crime of engaging in a sex act with a foster child if he or she is a foster parent and engages in sexual intercourse, as defined by Section 13A-6-60(1), or deviant sexual intercourse battery, as defined by Section 13A-6-60(2) 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in a sex act with a foster child is a Class B felony.

(b) A person commits the crime of engaging in a sexual contact with a foster child if he or she is a foster parent and engages in a sexual contact, pursuant to Section 13A-6-60(3) 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in sexual contact with a foster child is a Class C felony.

(c) A person commits the crime of soliciting a sex act or sexual contact with a foster child if he or she is a foster parent and solicits, persuades, encourages, harasses, or entices a foster child under the age of 19 to engage in a sex act including, but not limited to, sexual intercourse, as defined by Section 13A-6-30 (1), deviate sexual intercourse battery, as defined by Section 13A-6-30 (2), or sexual contact, as defined by Section 13A-6-30 (3) 13A-6-60. The crime of soliciting a sex act or sexual contact with a foster child is a Class A misdemeanor.

(d) Consent is not a defense to a charge under subsections (a), (b), or (c).

(e) For the purposes of this section a foster parent is an individual approved or licensed by the Department of Human Resources or other child placing agencies who provides care and supervision to a foster child under the temporary or permanent custody of the department.

§13A-6-81.

(a) A person commits the crime of a school employee engaging in a sex act with a student under the age of 19 years if he or she is a school employee and engages in sexual intercourse as defined by Section 13A-6-60(1) or deviant sexual intercourse battery, as defined by Section 13A-6-60(2) 13A-6-60, with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

(b) The crime of a school employee engaging in a sex act with a student is a Class B felony.

§13A-6-82.

(a) A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6-60(3) 13A-6-60, with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student is a Class C felony.

(b) A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student to engage in a sex act including, but not limited to, sexual intercourse, as defined by Section 13A-6-30 (1), deviate sexual intercourse battery, as defined by Section 13A-6-30 (2), or sexual contact, as defined by Section 13A-6-30 (3) 13A-6-60. The crime of soliciting a student to perform a sex act is a Class A misdemeanor.

§13A-6-83.

A school employee charged with the crime of engaging in a sex act or deviant sexual intercourse battery with a student or the crime of having sexual contact with a student may be placed on paid administrative leave while the charge is adjudicated. Upon the adjudication of the charge, further disciplinary action may be taken in accordance with the Teacher Tenure Act, Chapter 24 of Title 16, the Teacher Accountability Act, Chapter 24B of Title 16, or the Fair Dismissal Act, Article 4 of Chapter 26 of Title 36, whichever is applicable.

§13A-6-122.

In addition to the provisions of Section 13A-6-69, a A person who, knowingly, entices, induces, persuades, seduces, prevails, advises, coerces, lures, or orders, or attempts to entice, induce, persuade, seduce, prevail, advise, coerce, lure, or order, by means of a computer, on-line service, Internet service, Internet bulletin board service, weblog, cellular phone, video game system, personal data assistant, telephone, facsimile machine, camera, universal serial bus drive, writable compact disc, magnetic storage device, floppy disk, or any other electronic communication or storage device, a child who is at least three years younger than the defendant, or another person believed by the defendant to be a child at least three years younger than the defendant to meet with the defendant or any other person for the purpose of engaging in sexual intercourse, deviate sexual intercourse battery, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation or directs a child to engage in sexual intercourse, deviate sexual intercourse battery, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation, is guilty of electronic solicitation of a child. Any person who violates this section commits a Class B felony.

§13A-6-241.

(a) A person commits the crime of sexual extortion if he or she knowingly causes or attempts to cause another person to engage in sexual intercourse, deviate sexual intercourse battery, sexual contact, or in a sexual act or to produce any photograph, digital image, video, film, or other recording of any person, whether recognizable or not, engaged in any act of sadomasochistic abuse, sexual intercourse, deviate sexual battery, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct by transmitting any communication containing communicating any threat to injure the body, property, or reputation of any person.

(b) Sexual extortion is a Class B felony.

§13A-6-243.

(a)(1) A person commits the crime of directing a child to engage in sexual intercourse or deviate sexual intercourse battery if he or she knowingly entices, allures, persuades, induces, or directs any person under the age of 12 to engage in sexual intercourse or deviate sexual battery with another person under the age of 12.

(2) Directing a child to engage in sexual intercourse or deviate sexual intercourse battery is a Class A felony.

(b)(1) A person commits the crime of directing a child to engage in sexual contact if he or she knowingly entices, allures, persuades, induces, or directs any person under the age of 12 to engage in sexual contact with another person under the age of 12.

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

§13A-11-9.

(a) A person commits the crime of loitering if he:

(1) Loiters, remains or wanders about in a public place for the purpose of begging; or

(2) Loiters or remains in a public place for the purpose of gambling; or

(3) Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual intercourse battery; or

(4) Being masked, loiters, remains or congregates in a public place; or

(5) Loiters or remains in or about a school, college or university building or grounds after having been told to leave by any authorized official of such school, college or university, and not having any reason or relationship involving custody of or responsibility for a pupil or any other specific, legitimate reason for being there, and not having written permission from a school, college or university administrator; or

(6) Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transactions involving the sale of merchandise or services; or

(7) Loiters or remains in any place with one or more persons for purpose of unlawfully using or possessing a dangerous drug.

(b) A person does not commit a crime under subdivision (a)(4) of this section if he is going to or from or staying at a masquerade party, or is participating in a public parade or presentation of an educational, religious, or historical character or in an event as defined in subdivision (1) of Section 13A-11-140.

(c) "Deviate sexual intercourse Sexual battery" in subdivision (a)(3) of this section is defined as in subdivision (2) of Section 13A-6-60.

(d) "Dangerous drug" in subdivision (a)(7) of this section means any narcotic, drug or controlled substance as defined in Chapter 2 of Title 20 of this Code and any schedule incorporated therein.

(e) Loitering is a violation.

§13A-12-120.

For the purpose of this division, the term

prostitution" shall mean the commission by a person of any natural or unnatural sexual act, deviate sexual intercourse battery, or sexual contact for monetary consideration or other thing of value.

§13A-12-121.

(a) No person shall commit an act of prostitution as defined in Section 13A-12-120.

(b) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse battery, or sexual contact for monetary consideration or other thing of marketable value.

(c) No person shall agree to engage in sexual intercourse, deviate sexual intercourse, or sexual contact with another or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement.

(d) No person shall knowingly do any of the following:

(1) Cause or aid a person to commit or engage in prostitution.

(2) Procure or solicit patrons for prostitution.

(3) Provide persons or premises for prostitution purposes.

(4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.

(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise.

§15-20A-5.

For the purposes of this chapter, a sex offense includes any of the following offenses:

(1) Rape in the first degree, as provided by Section 13A-6-61.

(2) Rape in the second degree, as provided by Section 13A-6-62.

(3) Sodomy in the first degree, as provided by Section 13A-6-63.

(4) Sodomy in the second degree, as provided by Section 13A-6-64.

(5) Sexual misconduct, as provided by Section 13A-6-65, provided that on a first conviction or adjudication the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication of a sex offense, the sex offender shall comply with all requirements of this chapter. The sentencing court may exempt from this chapter a juvenile sex offender adjudicated delinquent of sexual misconduct.

(6) Sexual torture, as provided by Section 13A-6-65.1.

(7) Sexual abuse in the first degree, as provided by Section 13A-6-66.

(8) Sexual abuse in the second degree, as provided by Section 13A-6-67.

(9) Indecent exposure, as provided by Section 13A-6-68, provided that on a first conviction or adjudication of a sex offense, the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication, the sex offender shall comply with all requirements of this chapter. The sentencing court may exempt from this chapter a juvenile sex offender adjudicated delinquent of indecent exposure.

(10) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, as provided by Section 13A-6-69.

(11) Sexual abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.

(12) Promoting prostitution in the first degree, as provided by Section 13A-12-111.

(13) Promoting prostitution in the second degree, as provided by Section 13A-12-112.

(14) Violation of the Alabama Child Pornography Act, as provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197. The sentencing court may exempt from this chapter a juvenile sex offender adjudicated delinquent of a violation of the Alabama Child Pornography Act after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent.

(15) Unlawful imprisonment in the first degree, as provided by Section 13A-6-41, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(16) Unlawful imprisonment in the second degree, as provided by Section 13A-6-42, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.

(17) Kidnapping in the first degree, as provided by subdivision (4) of subsection (a) of Section 13A-6-43, if the intent of the abduction is to violate or abuse the victim sexually.

(18) Kidnapping of a minor, except by a parent, guardian, or custodian, as provided by Section 13A-6-43 or 13A-6-44.

(19) Incest, as provided by Section 13A-13-3.

(20) Transmitting obscene material to a child by computer, as provided by Section 13A-6-111.

(21) School employee engaging in a sex act, or deviate sexual contact having sexual contact, or soliciting a sex act or sexual contact with a student, as provided by Section Sections 13A-6-81 and 13A-6-82.

(22) School employee having sexual contact with a student, as provided by Section 13A-6-82 Foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child as provided by Section 13A-6-71.

(23) Facilitating solicitation of unlawful sexual conduct with a child, as provided by Section 13A-6-121.

(24) Electronic solicitation of a child, as provided by Section 13A-6-122.

(25) Facilitating the on-line solicitation of a child, as provided by Section 13A-6-123.

(26) Traveling to meet a child for an unlawful sex act, as provided by Section 13A-6-124.

(27) Facilitating the travel of a child for an unlawful sex act, as provided by Section 13A-6-125.

(28) Human trafficking in the first degree, as provided by Section 13A-6-152, provided that the offense involves sexual servitude.

(29) Human trafficking in the second degree, as provided by Section 13A-6-153, provided that the offense involves sexual servitude.

(30) Custodial sexual misconduct, as provided by Section 14-11-31.

(31) Sexual extortion, as provided by Section 13A-6-241.

(32) Directing a child to engage in a sex act, as provided in Section 13A-6-243.

(33) Any offense which is the same as or equivalent to any offense set forth above as the same existed and was defined under the laws of this state existing at the time of such conviction, specifically including, but not limited to, crime against nature, as provided by Section 13-1-110; rape, as provided by Sections 13-1-130 and 13-1-131; carnal knowledge of a woman or girl, as provided by Sections 13-1-132 through 13-1-135, or attempting to do so, as provided by Section 13-1-136; indecent molestation of children, as defined and provided by Section 13-1-113; indecent exposure, as provided by Section 13-1-111; incest, as provided by Section 13-8-3; offenses relative to obscene prints and literature, as provided by Sections 13-7-160 through 13-7-175, inclusive; employing, harboring, procuring or using a girl over 10 and under 18 years of age for the purpose of prostitution or sexual intercourse, as provided by Section 13-7-1; seduction, as defined and provided by Section 13-1-112; a male person peeping into a room occupied by a female, as provided by Section 13-6-6; assault with intent to ravish, as provided by Section 13-1-46; and soliciting a child by computer, as provided by Section 13A-6-110.

(34) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (31)(33), inclusive.

(35) Any crime committed in Alabama or any other state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (32)(34), inclusive.

(36) Any offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248, the Sex Offender Registration and Notification Act (SORNA)).

(37) Any crime committed in another state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction if that jurisdiction also requires that anyone convicted of that crime register as a sex offender in that jurisdiction.

(38) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.

(39) The foregoing notwithstanding, any crime committed in any jurisdiction which, irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, carnal knowledge, sodomy, sexual assault, sexual battery, criminal sexual conduct, criminal sexual contact, sexual abuse, continuous sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, molestation of a child, criminal sexual misconduct, video voyeurism, or there has been a finding of sexual motivation.

(40) Any crime not listed in this section wherein the underlying felony is an element of the offense and listed in subdivisions (1) to (39), inclusive.

(41) Any other offense not provided for in this section wherein there is a finding of sexual motivation as provided by Section 15-20A-6.

§15-20A-6.

(a)(1) The indictment, count in the indictment, information, complaint or warrant charging the offense may include a specification of sexual motivation or the prosecuting attorney may file an allegation of sexual motivation in any criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence exists that would justify a finding of sexual motivation by a reasonable and objective finder of fact.

(2) If a specification is included in the indictment, count in the indictment, information, complaint, or warrant charging the offense the specification shall be stated at the end of the body of the indictment, count in the indictment, information, complaint, or warrant and shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the offender committed the offense with a sexual motivation."

(3) If the prosecuting attorney files an allegation of sexual motivation, it shall be filed within a reasonable time after indictment to give sufficient notice to the defendant.

(b) If the indictment, count of the indictment, information, complaint, or warrant charging the offense includes a specification of sexual motivation or if the prosecuting attorney files an allegation of sexual motivation, the state shall prove beyond a reasonable doubt that the defendant committed the offense with a sexual motivation.

(c) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication as a youthful offender, of whether or not a sexual motivation was present at the time of the commission of the offense unless the defendant has a trial by jury.

(d) If a defendant has a trial by jury, the jury, if it finds the defendant guilty, shall also find a special verdict as to whether or not the defendant committed the crime with a sexual motivation.

(e) If there is a finding of sexual motivation, the finding shall be made part of the record of conviction or adjudication.

(f) For purposes of this section, sexual motivation means that one of the purposes for which the defendant committed the crime was for the purpose of the sexual gratification of the defendant.

(g) This section shall not apply to sex offenses as defined in subdivisions (1) to (38)(40), inclusive, of Section 15-20A-5.

§15-20A-44.

(a) The Secretary of the Alabama State Law Enforcement Agency shall promulgate rules establishing an administrative hearing for persons who are only made subject to this chapter pursuant to subdivision (33)(37) of Section 15-20A-5.

(b) The Secretary of the Alabama State Law Enforcement Agency shall promulgate rules setting forth a listing of offenses from other jurisdictions that are to be considered criminal sex offenses under subdivision (33)(37) of Section 15-20A-5. Thereafter, any individual convicted of any offense set forth in the listing shall immediately be subject to this chapter and shall not be entitled to an administrative hearing as provided in subsection (a).

(c) The Secretary of the Alabama State Law Enforcement Agency shall have the authority to promulgate any rules as are necessary to implement and enforce this chapter.

§15-23-101.

When a person has been charged with the crime of rape, sodomy, or sexual misconduct, or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force and it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, upon the request of the alleged victim or the parent or guardian of an alleged victim, the district attorney shall file a motion with the court for an order requiring the person charged to submit to a test for any sexually transmitted disease.

§15-23-102.

(a) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, or sexual misconduct, or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force and the transmission of body fluids was involved. If an information or indictment has been presented and the defendant is in custody or has been served with the information or indictment, the test shall be performed within 48 hours of service.

(b) When a test is ordered under Section 15-23-101, the alleged victim of the crime or a parent or guardian of the alleged victim shall designate an attending physician who has agreed in advance to accept the victim as a patient to receive information on behalf of the alleged victim.

(c) If any sexually transmitted disease test results in a negative reaction, the court shall order the person to submit to any follow-up tests at the intervals and in the manner as shall be determined by the State Board of Health.

(d) The result of any test ordered under this section is not a public record and shall be available only to the following:

(1) The alleged victim.

(2) The parent or guardian of the alleged victim.

(3) The attending physician of the alleged victim.

(4) The person tested.

(e) If any sexually transmitted disease test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling. Counseling and referral for appropriate health care, testing, and support services as directed by the State Health Officer shall be provided to the alleged victim at the request of the alleged victim or the parent or guardian of the alleged victim."

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 on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 21, 2018HJudiciary first Amendment Offered
March 21, 2018HPending third reading on day 23 Favorable from Judiciary with 1 amendment
March 21, 2018HRead for the second time and placed on the calendar 1 amendment
March 15, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
March 15, 2018SMotion to Read a Third Time and Pass adopted Roll Call 886
March 15, 2018SThird Reading Passed
March 8, 2018SRead for the second time and placed on the calendar
March 1, 2018SRead for the first time and referred to the Senate committee on Judiciary
2018-03-15
Chamber: Senate
Result: Passed