Rape
First Degree
(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.
(b) Rape in the first degree is a Class A felony.
Second Degree
(a) A person commits the crime of rape in the second degree if:
- 1. Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.
- 2. He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.
(b) Rape in the second degree is a Class B felony.
The above is an excerpt (as of 05 May 2006) from Title 13A Criminal Section of The Code of Alabama 1975. This information is for reference only. For further explanation please contact Russell Crumbley's Law Office.