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A sodomy charge in Alabama carries some of the most severe consequences in the criminal code. Under Alabama Code §§ 13A-6-63 and 13A-6-64, a first-degree sodomy conviction is a Class A felony carrying 10 to 99 years or life in prison, and both degrees require mandatory lifetime sex offender registration. Alabama defines sodomy as any sexual act involving the genitals of one person and the mouth or anus of another person under § 13A-6-60(5). The charge, the degree, and your total exposure depend on the specific facts alleged — and on having experienced defense counsel from the earliest stage of the case.
All inquiries are 100% confidential. Our team is here to defend your constitutional rights at every step of your case.
Alabama classifies sodomy into degrees based on the ages of the parties involved, whether force or compulsion is alleged, and the victim's capacity to consent. The state must prove every element of the charged degree beyond a reasonable doubt — and the specific elements vary significantly between degrees.
Under Alabama Code § 13A-6-63, first-degree sodomy is a Class A felony. The state must prove one of the following:
A conviction carries 10 to 99 years or life in prison. Alabama has no discretionary parole for Class A felony sex offenses — sentences are served in full. Lifetime sex offender registration under ASORCNA is mandatory and cannot be waived by the court. Where the defendant was 21 or older and the victim was 6 or younger at the time of the offense, Alabama Code § 13A-5-6(d) mandates life without the possibility of parole.
Under Alabama Code § 13A-6-64, second-degree sodomy is a Class B felony carrying 2 to 20 years in prison. It applies when:
Lifetime sex offender registration is required upon conviction.
Alabama separately criminalizes rape under §§ 13A-6-61 and 13A-6-62, which mirror the sodomy statutes exactly in their elements and penalty classifications. First-degree rape is a Class A felony; second-degree rape is a Class B felony. Prosecutors routinely charge sodomy and rape counts together arising from a single alleged incident, which multiplies total sentencing exposure significantly. If you are facing both charges, understanding the combined effect from the outset is critical.
Alabama sets the age of consent at 16. Sodomy with a person under 16 can be charged regardless of whether the minor appeared to consent , minors under 16 cannot legally consent under Alabama law. For a detailed breakdown of how Alabama's consent statutes operate and where close-in-age exceptions apply, see our age of consent in Alabama guide.
Charge | Classification | Sentence Range | Registry |
|---|---|---|---|
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 |
Rape, First Degree (§ 13A-6-61) | Class A Felony | 10–99 years or life | Lifetime |
Rape, Second Degree (§ 13A-6-62) | Class B Felony | 2–20 years | Lifetime |
Sentences are served in full — Alabama has no discretionary parole for Class A felony sex offenses. Enhancement applies where the defendant was 21 or older and the victim was 6 or younger: mandatory life without parole under § 13A-5-6(d).
Every sodomy conviction triggers mandatory lifetime registration under Alabama's Sex Offender Registration and Community Notification Act (ASORCNA). Registration requires notifying the county sheriff of your home address, employment, and all vehicles immediately upon release from incarceration, or immediately upon conviction. Changes of residence, employment, etc. must also be reported immediately in person — for life. Registrants face residency restrictions that make large portions of most Alabama cities off-limits, employment restrictions near schools and childcare facilities, and a permanent public record accessible to anyone.
Avoiding a conviction entirely — or negotiating a plea to a charge that does not trigger registration — is often the most important outcome a defense can achieve. Our attorneys have secured outcomes including reductions to misdemeanor charges with no registration requirement. For a full overview of how ASORCNA registration works, visit our Alabama sex crimes defense page.
Being charged does not mean being convicted. At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us and build a strategy around the specific facts of your case.
False accusations arise from relationship disputes, custody conflicts, financial motivations, and misidentification. We examine the accuser's prior statements, the timeline of when the allegation was first made, all communications between the parties, and every inconsistency between the accusation and the physical or forensic evidence.
Where the alleged conduct was consensual and both parties were 16 or older, consent is a complete defense to sodomy charges in Alabama. We document and preserve every piece of evidence supporting consent — communications, witness accounts, and the full circumstances of the encounter.
Sodomy prosecutions frequently depend on DNA evidence, forensic examination results, and digital forensics. DNA can be contaminated or misinterpreted. Forensic findings can be consistent with consensual activity. We work with independent forensic experts to challenge the government's evidence at every stage of collection, handling, and interpretation.
If phones, accounts, or communications were obtained without a valid warrant or outside the scope of one, we move to suppress that evidence. A prosecution built on unlawfully obtained evidence can collapse entirely once suppression is granted.
Sodomy cases require specialized knowledge of Alabama's statutes, ASORCNA registration consequences, and the specific tactics prosecutors and investigators use. Our attorneys have handled these charges at every stage — from pre-arrest investigation through trial and appeal — in Birmingham, Huntsville, Mobile, and across Alabama.
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.
We'll review your situation and explain the legal options available.
Our team gathers evidence and builds a strong case from day one, because we handle every case as if it is going to trial.
We negotiate with prosecutors from a position of strength: they know we are prepared to take your case to trial.
When a case belongs in a courtroom, our attorneys try it. We have stood before judges and juries in state and federal courts.
You will know where your case stands at every stage.
A sodomy allegation brings up a whirlwind of fear and confusion. We believe that clarity is the first step toward a strong defense. Here are questions we receive the most often.
If you are facing sodomy allegations in Alabama, contact JB Brown Criminal Trial Practice immediately at 205-386-9801. All consultations are completely confidential. The earlier experienced defense counsel is involved, the more options you have — including outcomes that avoid registration entirely.
Consultations are confidential and available 24/7. Contacting the firm does not create an attorney-client relationship until confirmed in writing.