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Sex abuse, sodomy, incest definitions

Updated: Thursday, 26 Jul 2012, 12:13 PM CDT
Published : Thursday, 26 Jul 2012, 12:13 PM CDT

(FindLaw.com) - Definitions of charges, from Alabama State Code:

Section 13A-6-63
Sodomy in the first degree.

A person commits the crime of sodomy in the first degree if:
He engages in deviate sexual intercourse with another person by forcible compulsion; or
He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
He, being 16 years old or older, engages in deviate sexual intercourse with a person who is less than 12 years old.

Sodomy in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2315.)


Section 13A-6-64
Sodomy in the second degree.

A person commits the crime of sodomy in the second degree if:
He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.
He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.

Sodomy in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, §2316; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §3.)


Section 13A-6-67
Sexual abuse in the second degree.

A person commits the crime of sexual abuse in the second degree if:
He 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
He, 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.

Sexual abuse in second degree is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2321.)


Section 13A-13-3
Incest

(a) A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:
(1) His ancestor or descendant by blood or adoption; or
(2) His brother or sister of the whole or half-blood or by adoption; or
(3) His stepchild or stepparent, while the marriage creating the relationship exists; or
(4) His aunt, uncle, nephew or niece of the whole or half-blood.
(b) A person shall not be convicted of incest or of an attempt to commit incest upon the uncorroborated testimony of the person with whom the offense is alleged to have been committed.
(c) Incest is a Class C felony.

(Acts 1977, No. 607, p. 812, §7010.)

Source: Findlaw.com - http://codes.lp.findlaw.com/alcode/13A/13/13A-13-3

 

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