Electronic Sex Crimes

Transmitting Obscene Material to a Child (§ 13A-6-111)

Under § 13A-6-111, a person commits this offense by knowingly transmitting or sending obscene material including both actual and simulated sexual content to a child by computer, electronic device, or any other electronic communication method. The state must prove the defendant knew or believed the recipient was a child and that the material was obscene. This is a Class B felony carrying 2 to 20 years in prison and a fine of up to $30,000. Conviction requires mandatory lifetime sex offender registration.

Electronic Solicitation of a Child (§ 13A-6-122)

Under § 13A-6-122, a person commits this offense by knowingly using any electronic device including computers, phones, social media platforms, messaging apps, gaming systems, or any other electronic communication method , to entice, lure, persuade, or order a child who is at least three years younger than the defendant to meet for the purpose of engaging in a sexual act. The statute also covers directing a child to engage in sexual conduct.

This is a Class B felony carrying 2 to 20 years in prison. The statute applies even when the "child" is an undercover law enforcement officer posing as a minor , the defendant's belief that the person is a child is sufficient. According to the Alabama Pattern Jury Instructions, the state must prove intent to commit an unlawful sex act, not that a sex act actually occurred.

Facilitating On-Line Solicitation of a Child (§ 13A-6-123)

Under § 13A-6-123, a person who operates or owns an online service, internet service, or other electronic platform and knowingly allows it to be used for the solicitation of a child commits a Class B felony. This extends criminal liability beyond the individual defendant to platform operators and service providers who facilitate solicitation.

Traveling to Meet a Child for an Unlawful Sex Act (§ 13A-6-124)

Under § 13A-6-124, a person who travels to, within, or from Alabama for the purpose of engaging in a sexual act with a child commits a Class A felony carrying 10 to 99 years or life in prison and a fine of up to $60,000. This charge represents the most significant escalation in Alabama's electronic sex crimes framework , the act of traveling transforms the solicitation from a Class B felony to a Class A felony, even if no sexual act occurs.

What Are the Penalties for Electronic Sex Crimes in Alabama?

Every conviction triggers mandatory lifetime sex offender registration under ASORCNA with permanent residency, employment, and reporting restrictions. Alabama's Habitual Felony Offender Act (§ 13A-5-9) enhances penalties for defendants with prior felony convictions — a second felony can double the minimum sentence.

Yes. Electronic sex crimes frequently trigger parallel federal investigations, particularly when the communication crosses state lines or involves internet service providers that cooperate with federal law enforcement. Federal charges under 18 U.S.C. § 2422(b) (online enticement of a minor) carry a mandatory minimum of 10 years in federal prison. Federal charges under 18 U.S.C. § 2252 apply to child sexual abuse material transmitted electronically.

The National Center for Missing and Exploited Children (NCMEC) operates the CyberTipline, which received over 36 million reports of suspected child sexual exploitation in 2023. Internet service providers are required by law to report suspected child exploitation to NCMEC, which then refers cases to the Internet Crimes Against Children (ICAC) task forces that operate in every state, including Alabama. Many state-level electronic sex crime prosecutions originate from these NCMEC referrals.

For more on how federal charges work, see our federal crimes defense page. For charges involving child sexual abuse material specifically, see our CSAM defense page.

Every case is unique, and an effective defense requires careful analysis of the digital evidence, law enforcement conduct, and the specific elements the state must prove.

Challenging the Digital Evidence

Electronic sex crime prosecutions depend heavily on chat logs, text messages, social media records, emails, IP address logs, and metadata. We retain independent digital forensics experts to examine the state's evidence. We challenge whether the evidence was properly collected, whether it was altered or incomplete, whether the chain of custody was maintained, and whether the attribution of communications to the defendant is reliable. Shared devices, compromised accounts, and spoofed identities can all undermine the state's case.

Challenging Law Enforcement Conduct in Sting Operations

Many electronic sex crime cases originate from undercover sting operations where law enforcement officers pose as minors online. We examine whether the investigation crossed the line into entrapment , whether the defendant was predisposed to commit the offense or was induced by law enforcement to engage in conduct they would not have otherwise pursued. We also examine whether the undercover officer's conduct complied with agency protocols and constitutional requirements.

Challenging Intent

The state must prove the defendant intended to commit an unlawful sex act. Communications that are ambiguous, taken out of context, or interpreted more aggressively than the evidence supports may not establish the required intent. We analyze every communication in its full context , including who initiated contact, the nature and progression of the exchange, and whether the defendant took any concrete steps beyond the conversation itself.

Challenging the Age Element

Under § 13A-6-127, Alabama provides a statutory defense when the defendant reasonably believed the other person was 16 or older. We examine the representations made during the communication, the platforms used, and any evidence that the defendant did not know or believe the other person was a minor.

Suppression of Unlawfully Obtained Evidence

If devices were seized without a valid warrant, if search warrants were overbroad, or if law enforcement accessed electronic accounts without proper legal process, we move to suppress the evidence. A prosecution built on unlawfully obtained digital evidence can collapse entirely once suppression is granted.

Our attorneys have defended sex crime and rape cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama.