Expungement of Criminal Records in Alabama
Expungement offers a fresh start by removing eligible arrests and certain convictions from public records.
Read More →
Sex crimes in Alabama include rape, sodomy, sexual abuse, child sexual abuse material, and electronic solicitation offenses. First-degree rape and sodomy are Class A felonies carrying 10 to 99 years or life in prison. A conviction at any felony level requires mandatory lifetime sex offender registration under ASORCNA, with permanent residency and employment restrictions that cannot be waived.
Sex crimes in Alabama are defined primarily under Alabama Code Title 13A, Article 4, covering offenses from indecent exposure to first-degree rape. Penalties range from misdemeanors to Class A felonies carrying life sentences, and nearly every conviction triggers mandatory lifetime registration on the Alabama Sex Offender Registry. These are the most common charges we defend.
Rape and Sodomy
Rape in the first degree (§ 13A-6-61) is a Class A felony involving sexual intercourse by forcible compulsion, with an incapacitated victim, or by a person 16 or older with a child under 12. It carries 10 to 99 years or life in prison. Rape in the second degree (§ 13A-6-62) is a Class B felony applying when the victim is between 12 and 16 and the defendant is at least two years older, carrying 2 to 20 years. First and second-degree sodomy charges mirror these statutes exactly in their elements and penalties. Prosecutors routinely stack rape and sodomy counts from a single incident, which dramatically multiplies sentencing exposure. Our attorneys handle these charges at every stage , from pre-arrest investigation through trial. For a full breakdown of rape charge elements, penalties, and defenses, visit our Alabama rape charges defense page or our Alabama sodomy defense page.
Sexual Abuse and Sexual Torture.
Sexual abuse in the first degree (§ 13A-6-66) involves non-consensual sexual contact by forcible compulsion or with an incapacitated victim , a Class C felony carrying up to 10 years. Second-degree sexual abuse (§ 13A-6-67) is a Class A misdemeanor. Sexual torture (§ 13A-6-65.1) is a Class A felony carrying 10 to 99 years or life in prison. It applies when a person penetrates the vagina, anus, or mouth of another with an inanimate object by forcible compulsion, with an incapacitated victim, or with a victim under 12 years old.
Statutory Rape and Age of Consent
Alabama's age of consent is 16. Sexual intercourse with a person under 16 can be charged as rape regardless of apparent consent , minors under 16 cannot legally consent under Alabama law. A narrow close-in-age exception applies when the defendant is under 19 and the age difference is less than two years, but it reduces the charge rather than eliminating it. For a complete explanation of how Alabama's consent laws operate, see our age of consent in Alabama guide.
Child Sexual Abuse Material (CSAM)
Possession, distribution, and production of child sexual abuse material is criminalized under Alabama Code §§ 13A-12-190 through 13A-12-198. Possession of a single image is a Class B felony. Production or distribution is a Class A felony. These cases frequently involve parallel federal prosecution by the FBI or Homeland Security Investigations in addition to state charges. For a full breakdown of CSAM charges, federal jurisdiction issues, and defense strategies, visit our CSAM defense page.
Electronic Sex Crimes and Online Solicitation
Electronic sex crimes include online solicitation of a child, transmission of obscene materials to a minor, and distribution of non-consensual intimate images under § 13A-6-240. These cases frequently arise from law enforcement sting operations where officers pose as minors in chat applications and social media. Visit our electronic sex crimes defense page for a full overview of these charges and available defenses.
Solicitation, Indecent Exposure, and Registration Violations
Solicitation and prostitution-related offenses, indecent exposure (§ 13A-6-68), and failure to comply with sex offender registration requirements are also prosecuted aggressively in Alabama. Indecent exposure escalates from a Class A misdemeanor to a Class C felony on a second conviction and begins triggering registration requirements. Failure to register under ASORCNA is itself a Class C felony carrying up to 10 years in prison.
Alabama imposes some of the harshest sex crime penalties in the country. Some offenses carry mandatory minimum prison terms with no discretionary parole. A strong legal defense is essential to lessening or avoiding these consequences.
Offense | Classification | Prison Range | Registry |
|---|---|---|---|
Rape, First Degree | Class A Felony | 10–99 years or life | Lifetime |
Rape, Second Degree | Class B Felony | 2–20 years | Lifetime |
Sodomy, First Degree (§ 13A-6-63) | Class A Felony | 10–99 years or life | Lifetime |
Sodomy, Second Degree (§ 13A-6-64) | Class B Felony | 2–20 years | Lifetime |
Sexual Torture | Class A Felony | 10–99 years or life | Lifetime |
Sexual Abuse, First Degree | Class C Felony | 1 year 1 day – 10 years | Lifetime |
CSAM Production/Distribution | Class A Felony | 10–99 years or life | Lifetime |
CSAM Possession | Class B Felony | 2–20 years | Lifetime |
Failure to Register (ASORCNA) | Class C Felony | 1 year 1 day – 10 years | N/A |
Beyond prison, a conviction means mandatory sex offender registration, heavy fines and court costs, and severe restrictions on employment, housing, and residency that are permanent from the day of conviction.
The Alabama Sex Offender Registration and Community Notification Act (ASORCNA) is one of the most comprehensive registration schemes in the country. Nearly all convicted sex offenders must register for life. Registration requires notifying the county sheriff of your home address, employment, and all vehicles within three days of conviction and within three days of any change. Registrants cannot reside within 2,000 feet of a school, daycare, playground, or park, and cannot work within 500 feet of a school or childcare facility. The registry is public and searchable by anyone.
Avoiding a conviction , or negotiating a plea to a charge that does not trigger registration , is often the single most important outcome a defense can achieve. Our attorneys have secured outcomes including reductions to misdemeanor charges with no registration requirement.
Being accused of a sex crime does not mean you will be convicted. The state bears the burden of proving every element of the charge beyond a reasonable doubt. At JB Brown Criminal Trial Practice, we evaluate every available defense and build a strategy around the specific facts of your case.
Challenge False Allegations
We examine the motivations behind accusations, including personal disputes, custody conflicts, and misidentification. Where inconsistencies exist between the accusation and the evidence, we build that case directly.
Consent as a Defense.
Where the alleged conduct was consensual and the victim was 16 or older, consent is a complete defense. We document and preserve every piece of evidence supporting consent from the earliest stage of the case.
Challenging the Evidence
DNA, rape kit results, and digital forensics are not infallible. We work with independent forensic experts to challenge the government's evidence at the collection, handling, and interpretation stages.
Unlawful Search and Seizure
We confirm that all evidence was lawfully obtained and that your constitutional rights were not violated. Evidence obtained through unlawful searches can be suppressed , often collapsing the prosecution's case entirely.
Entrapment in Sting Operations
Many electronic sex crime and CSAM cases arise from law enforcement sting operations. Where the government's conduct , not the defendant's predisposition , induced the alleged crime, entrapment is a viable defense.
Why Does Experience Matter in Sex Crime Defense?
Sex crime cases require specialized knowledge of Alabama's statutes, ASORCNA registration consequences, and the tactics prosecutors use in these investigations. Our attorneys have handled sex crime charges at every stage , from pre-arrest investigation through trial and appeal . throughout Birmingham, Huntsville, Mobile, and across Alabama.
Ways We Can Support You
Every trial attorney on our team is trained to fight aggressively for your rights. Here's how our team will help throughout the legal process.
1
Confidential Consultation
We'll review your situation and explain the legal options available.
2
Case Investigation
Our team gathers evidence and builds a strong case from day one, because we handle every case as if it is going to trial.
3
Strategic Negotiation
We negotiate with prosecutors from a position of strength: they know we are prepared to take your case to trial.
4
Trial
When a case belongs in a courtroom, our attorneys try it. We have stood before judges and juries in state and federal courts.
5
Clear Communication
You will know where your case stands at every stage.
Common Questions About Sex Crimes
A sex crime is a serious charge. If you’re facing an accusation, you most likely don’t know what to do next. Our criminal defense law firm handles each consultation with honesty and privacy. These are the most common questions we receive from our clients.
Choose JB Brown Criminal Trial Practice
If you are facing a sex crime charge in Alabama, you need immediate legal assistance. Contact JB Brown Criminal Trial Practice today at 205-671-2026 for a confidential consultation. Our experienced sex crimes lawyers will aggressively fight for your rights and work toward the best possible resolution — including outcomes that avoid registration entirely.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
Facing sex crimes charges in Alabama?
Consultations are confidential and available 24/7. Contacting the firm does not create an attorney-client relationship until confirmed in writing.