The Alabama Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Alabama are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
Alabama statutory rape law is violated when an individual over age 18 (or 16 or older if the victim is at least 2 years younger than the offender) engages in sexual intercourse with a person over the age of 12 and under age 16. The offender commits the crime of sodomy If an individual age 16 or older engages in deviate sexual intercourse with a person under 16 and older than 12.
Alabama has a close-in-age exemption. A close in age exemption, also known as "Romeo and Juliet law", is designed to prevent the prosecution of underage couples who engage in consensual sex when both participants are significantly close in age to each other, and one or both are below the age of consent.
Depending on the situation, the Alabama close-in-age exemption may completely exempt qualifying close-in-age couples from the age of consent law, or merely provide a legal defence that can be used in the event of prosecution.
The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws.
Age Of Consent:
16 years oldThe age of consent in Alabama is based on the following statutes from the Alabama criminal code:
Alabama Age Of Consent Law: 13A-6-70: (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old. 13A-6-67 : (a) A person commits the crime of sexual abuse in the second degree if: . (2) He, being 19 years old or older, subjects another person to sexual intercourse who is less than 16 years old, but more than 12 years old. 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 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. 13A-6-64 : (a) A person commits the crime of sodomy in the second degree if: . (1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old. 13A-6-81 : A person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years if: (a) He or she is a school employee and engages in a sex act or deviant sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. (b) As used in this section, sex act means sexual intercourse with any penetration, however slight; emission is not required. (c) As used in this section, deviant sexual intercourse means 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. (d) The crime of a school employee engaging in a sex act or deviant sexual intercourse with a student is a Class B felony. 13A-6-82 : A person commits the crime of a school employee having sexual intercourse with a student under the age of 19 years if: (a) He or she is a school employee and engaging in sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. (b) As used in this section, sexual intercourse means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act. (c) The crime of a school employee having sexual intercourse with a student is a Class A misdemeanor.
Alabama has ten statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Alabama Age of Consent, as statutory rape or the Alabama equivalent of that charge.
The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.
| Criminal Charge | Severity | Punishment |
|---|---|---|
| Electronic solicitation of a child | Class B felony | No less than two years and no more than 20 years. |
| Enticing child to enter vehicle, house, etc., for immoral purposes | Class C felony | No less than one year and one day and no more than 10 years. |
| Facilitating solicitation of unlawful sexual conduct with a child | Class C felony | No less than one year and one day and no more than 10 years. |
| Rape- second degree | Class B felony | No less than two years and no more than 20 years. |
| School employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 | Class B felony | No less than two years and no more than 20 years. |
| Sexual abuse of child under 12 | Class B felony | No less than two years and no more than 20 years. |
| Sexual abuse- first degree | Class A misdemeanor | Up to one (1) year and a fine up to $6,000.00 |
| Sexual abuse- second degree | Class C felony | No less than one year and one day and no more than 10 years. |
| Sodomy- second degree | Class B felony | No less than two years and no more than 20 years. |
| Transmitting obscene material to a child by computer | Class B felony | No less than two years and no more than 20 years. |