ALABAMA'S SEX LAWS


 This section on the laws of Alabama is provided with this caveat. There is no warranty that it is complete. It is not legal advice and we are not lawyers. We are only trying to help people find resources that might help them. If you think you need legal advice, consult an attorney in your jurisdiction. This section is a work in progress and laws do change. Web versions of legal codes are not always updated as regularly as they should be. Be sure to check these laws at their original source before relying upon any information. If you have any information to add, please write to NASSA.

 

 
   

Alabama laws really do not inhibit consenting adults from exploring their sexuality; but, we list the laws that do pertain to restrictions on sexual activity.  You should be aware of them.  Below are Alabama sex laws that we feel inhibit people realizing their full potential sexually and that we feel are unwarranted intrusions into our freedom to do as we please sexually.  If you reside in Alabama, contact your Legislator about them and let them know how you feel.

 

  

Section 13A-6-60 Definitions of Sex


Alabama defines sex in 3 categories:

Sexual intercourse:
"...has its ordinary meaning and occurs upon any penetration..."
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 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."
 
  

Section 13A-6-70 Age of Consent


A person is deemed incapable of consent if he is less than 16 years old. However, the law applies mostly to females. Nonconsensual sex with a male by a female is only a misdemeanor, and can be a felony depending upon the act and the relative ages if the older party is a male and the younger a female.

 

 
 

Section 13A-12-113 Promoting Prostitution in the 3rd Degree


"A person commits the crime of promoting prostitution in the third degree if he knowingly advances or profits from prostitution. Promoting prostitution in the third degree is a Class A misdemeanor."

Prostitution is not illegal by state law but, if convicted of violating a local laws against it, you cannot hold a license to practice massage under Section 34-43-15.

Any local government may make laws against houses of prostitution under Section 11-47-113.
 

 

  
 

Section 13A-13-2 Adultery


Adultery is a Class B misdemeanor.

 

  

Section 13A-12-200.2 "Distribution, possession with intent to distribute" of dildoes


"It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs." This is a class C felony.

 

  

 

Section 13A-6-65 Sexual misconduct


If a male "... engages in sexual intercourse with a female ... with her consent where consent was obtained by the use of any fraud..." or if a female "... engages in sexual intercourse with a male without his consent; or... he or she engages in deviate sexual intercourse with another person...Consent is no defense to a prosecution under this subdivision." This is a Class A misdemeanor.
 

 

  

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