Under Alabama laws, the nature and degree of sexual contact determines the charges and penalties available if a conviction is achieved by the prosecuting attorney.

Sex Crimes

Alabama law provides several laws prohibiting sex crimes. Eversole Law Offices will defend you regardless of the charges being brought against you by the state of Alabama. The most frequent charges handled by Eversole Law are listed below.

• First degree rape (Class A Felony)
• Second degree rape (Class B Felony)
• Sodomy, First degree is a Class A Felony; second degree is a Class B Felony
• Sexual misconduct (Class A Misdemeanor)
• Lewd & lascivious behavior
• Child pornography

Rape

First degree rape is a Class A Felony punishable by life imprisonment. Murder is also a Class A Felony. First degree rape usually includes sexual intercourse with another person without consent and with the use of force, or sexual intercourse with a person who is incapable of granting consent.

If force is used to commit the rape, the prosecuting attorney will likely ask for a first degree rape charge.

If the person who was raped lacks the mental ability to give consent, the prosecuting attorney will likely seek a first degree rape conviction. Mental incapacity can exist if the person is unconscious such as if they are inebriated or drugged. All minors lack the capacity to give consent. Mental incapacity can also exist if a person has diminished capacity such as a person who is inflicted with Alzheimer's.

Ages of Rapist & Victim

The differences in the ages of the alleged attacker and the victim matter, too. A 16 year old person who has sex with a 12 year old person can be charged with first degree rape. Any person who has sexual intercourse with another who is 2 years younger than the perpetrator of the assault can be charged with rape.

Child Pornography

Under Alabama law, a person who knowingly possesses a piece of child pornography can be charged with a pornography crime. The law extends the definition of the crime of possession of child pornography to include those who should have known that the photograph was of a minor child. Each piece of child pornography is an individual charge.

Lewd & Lascivious Behavior

Under Alabama law, lewd & lascivious behavior is similar to disorderly conduct in that it is a vaguely defined crime. If a person exposes him or herself inappropriately, or does some indecent act for sexual gratification while knowingly being in the presence of another person, exposes him or herself in public, they can be charged with a lewd & lascivious offense.

Free Initial Consultation

Eversole Law Offices has helped many people avoid the harsh penalties of a sex crime conviction. For a free initial consultation to discuss your case and how the law applies to you, please contact Eversole Law.