117232-1:n:01/26/2010:JMH/ll LRS2010-662
| SYNOPSIS: | This bill would amend the rape, sodomy, and sexual abuse statutes to prohibit any person in a position of authority over a child from having sexual contact with the child regardless of whether the child is of age to consent to the contact. |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. | |
| The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
To amend Sections 13A-6-60, 13A-6-61, 13A-6-64, and 13A-6-66 of the Code of Alabama 1975, relating to certain sexual offenses; to prohibit a person in a position of authority over a child from engaging in sexual contact with the child regardless of whether the child consents to the contact; to define a person in a position of authority; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-6-60, 13A-6-61, 13A-6-64, and 13A-6-66 of the Code of Alabama 1975, are amended to read as follows:§13A-6-60.
"The following definitions apply in this article:
"(1) (9) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
"(2) (1) 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.
"(3) (8) 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.
"(4) (2) FEMALE. Any female person.
"(5) (4) MENTALLY DEFECTIVE. Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.
"(6) (5) MENTALLY INCAPACITATED. Such term means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other incapacitating act committed upon him without his consent.
"(6) PERSON IN A POSITION OF AUTHORITY. Any person who is in the position to exercise supervision or control over a child including the parent or legal guardian of a child, employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, grandparent, stepparent, step-grandparent, paramour of a parent or legal custodian or legal guardian, other adult member of the child's home, foster parent, child care provider, residential care provider or employee or person in a substantially similar position, or a police officer or probation officer, when the person in the position is exercising supervision, control, oversight, or custody over a child under the age of 18.
"(7) PHYSICALLY HELPLESS. Such term means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
"(8) (3) FORCIBLE COMPULSION. Physical force that overcomes earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.
§13A-6-61.
"(a) A person commits the crime of rape in the first degree if:
"(1) He or she engages in sexual intercourse with a member of the opposite sex by forcible compulsion; or
"(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being physically helpless or mentally incapacitated; or
"(3) He or she, being 16 years or older, engages in sexual intercourse with a member of the opposite sex who is less than 12 years old.
"(4) He or she, being a person in a position of authority over a child who is at least 16 years of age, but under the age of 18, engages in sexual intercourse with the child. Consent of the child is not a defense under this subsection.
"(b) Rape in the first degree is a Class A felony.
§13A-6-64.
"(a) A person commits the crime of sodomy in the second degree if:
"(1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.
"(2) He engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.
"(3) He or she, being a person in a position of authority over a child who is at least 16 years of age, but under the age of 18, engages in deviate sexual intercourse with the child. Consent of the child is not a defense under this subsection.
(b) Sodomy in the second degree is a Class B felony.
§13A-6-66.
"(a) A person commits the crime of sexual abuse in the first degree if:
"(1) He subjects another person to sexual contact by forcible compulsion; or .
"(2) He subjects another person to sexual contact who is incapable of consent by reason of being physically helpless or mentally incapacitated.
"(3) He or she, being a person in authority over a child who is at least 16 years of age, but under the age of 18, subjects the child to sexual contact. Consent of the child is not a defense under this subsection.
"(b) Sexual abuse in the first degree is a Class C felony."
Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.