HB496 Alabama 2019 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2019

Title

Sexual offenses, redefined certain sexual offenses, sex offender registration, community notification act, add foster parent engaging in sex act, technical revisions, Secs. 13A-5-6, 13A-6-60 to 13A-6-65, inclusive, 13A-6-65.1, 13A-6-66, 13A-6-67, 13A-6-68, 13A-6-70, 13A-6-71, 13A-6-81,13A-6-82, 13A-6-122, 13A-6-241, 13A-6-243, 13A-11-9, 13A-11-32.1, 13A-12-120, 13A-12-121, 13A-12-190, 13A-12-192, 15-3-5, 15-20A-5, 15-20A-44, 15-23-101, 15-23-102 am'd.

Summary

HB 496 redefines several sexual offenses, broadens definitions of consent and incapacity, adds new crimes involving foster children and students, and strengthens sex offender registration and related penalties in Alabama.

What This Bill Does

It redefines deviate sexual intercourse as sodomy and expands the concept of sexual contact to include touching through clothing regardless of marriage. It broadens forcible compulsion and allows more acts to be charged as sexual misconduct. It adds new offenses such as sexual torture, sexual extortion, directing a child to engage in a sex act, and electronic/online solicitation of a child, including acts by foster parents and school employees against foster children or students. It tightens sex offender registration rules, introduces harsher penalties in certain cases, requires testing for sexually transmitted diseases in some prosecutions, and notes that the bill is exempt from certain local-funding requirements under existing constitutional provisions.

Who It Affects

• Minors in foster care and students under 19 years old who could be victims of new or expanded offenses and protections under the bill.
• Foster parents and school employees who would face new crimes (sexual acts, sexual contact, or solicitation with foster children or students), expanded penalties, and broader registration/notification requirements.

Key Provisions

• Redefines deviate sexual intercourse as sodomy and broadens incapacitation terms (mental defectiveness, mental incapacitation, physical helplessness) affecting how consent is evaluated.
• Expands sexual contact to include touching through clothing without regard to marital status and expands forcible compulsion definitions.
• Allows certain sexual contact to be charged under the offense of sexual misconduct and adds the offense of sexual torture with increased penalties.
• Creates new offenses for foster parents involving foster children (sex acts, sexual contact, and solicitation with a foster child) with corresponding Class B, Class C, and Class A misdemeanor penalties and no defense of consent.
• Creates new offenses for school employees involving sexual acts or sexual contact with students, including solicitation, with Class B/C penalties and consent not a defense.
• Adds electronic/online solicitation of a child and direct directing of a child to engage in sex acts as crimes, with corresponding penalties.
• Expands the list of offenses treated as sex offenses under the Sex Offender Registration and Community Notification Act (SORNA) and allows juvenile court treatment to affect registration under specified conditions.
• Imposes/clarifies penalties for certain offenses (including life imprisonment without parole in some cases and mandatory post-release supervision in others) and broadens post-conviction supervision requirements for sexually violent offenses.
• Requires optional or court-ordered testing for sexually transmitted diseases in certain cases (with confidential results and follow-up counseling if positive).
• Clarifies that, although the bill involves new or increased local costs, it is exempt from local-funding requirements under Amendment 621 due to specified exceptions, and it becomes effective three months after passage.

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

Subjects

Sexual Offenses