Section 15-20A-5 - Sex offensesFor the purposes of this chapter, a sex offense includes any of the following offenses:
(1) Rape in the first degree, as provided by Section 13A-6-61.(2) Rape in the second degree, as provided by Section 13A-6-62. A juvenile sex offender adjudicated delinquent of a violation of rape in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.(3) Sodomy in the first degree, as provided by Section 13A-6-63.(4) Sodomy in the second degree, as provided by Section 13A-6-64. A juvenile sex offender adjudicated delinquent of a violation of sodomy in the second degree is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.(5) Sexual misconduct, as provided by Section 13A-6-65, provided that on a first conviction or adjudication the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication of a sex offense, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated delinquent of a violation of sexual misconduct is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.(6) Sexual torture, as provided by Section 13A-6-65.1.(7) Sexual abuse in the first degree, as provided by Section 13A-6-66.(8) Sexual abuse in the second degree, as provided by Section 13A-6-67.(9) Indecent exposure, as provided by Section 13A-6-68, provided that on a first conviction or adjudication of a sex offense, the sex offender is only subject to registration and verification pursuant to this chapter. On a second or subsequent conviction or adjudication of a sex offense, if the second or subsequent conviction or adjudication does not arise out of the same set of facts and circumstances as the first conviction or adjudication, the sex offender shall comply with all requirements of this chapter. A juvenile sex offender adjudicated of a violation of indecent exposure is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.(10) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, as provided by Section 13A-6-69.(11) Sexual abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.(12) Promoting prostitution in the first degree, as provided by Section 13A-12-111.(13) Promoting prostitution in the second degree, as provided by Section 13A-12-112.(14) Violation of the Alabama Child Pornography Act, as provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197. A juvenile sex offender adjudicated delinquent of a violation of the Alabama Child Pornography Act is presumed to be exempt from this chapter after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent unless the sentencing court makes a determination that the juvenile sex offender is to be subject to this chapter.(15) Unlawful imprisonment in the first degree, as provided by Section 13A-6-41, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.(16) Unlawful imprisonment in the second degree, as provided by Section 13A-6-42, if the victim of the offense is a minor, and the record of adjudication or conviction reflects the intent of the unlawful imprisonment was to abuse the minor sexually.(17) Kidnapping in the first degree, as provided by subdivision (4) of subsection (a) of Section 13A-6-43, if the intent of the abduction is to violate or abuse the victim sexually.(18) Kidnapping of a minor, except by a parent, guardian, or custodian, as provided by Section 13A-6-43 or 13A-6-44.(19) Incest, as provided by Section 13A-13-3.(20) Transmitting obscene material to a child by computer, as provided by Section 13A-6-111.(21) School employee engaging in a sex act or deviant sexual intercourse with a student, or having sexual contact or soliciting a sex act or sexual contact with a student, as provided by Sections 13A-6-81 and 13A-6-82.(22) Foster parent engaging in a sex act, having sexual contact, or soliciting a sex act or sexual contact with a foster child, as provided by Section 13A-6-71.(23) Facilitating solicitation of unlawful sexual conduct with a child, as provided by Section 13A-6-121.(24) Electronic solicitation of a child, as provided by Section 13A-6-122.(25) Facilitating the on-line solicitation of a child, as provided by Section 13A-6-123.(26) Traveling to meet a child for an unlawful sex act, as provided by Section 13A-6-124.(27) Facilitating the travel of a child for an unlawful sex act, as provided by Section 13A-6-125.(28) Human trafficking in the first degree, as provided by Section 13A-6-152, provided that the offense involves sexual servitude.(29) Human trafficking in the second degree, as provided by Section 13A-6-153, provided that the offense involves sexual servitude.(30) Custodial sexual misconduct, as provided by Section 14-11-31.(31) Sexual extortion, as provided by Section 13A-6-241.(32) Directing a child to engage in a sex act, as provided in Section 13A-6-243.(33) Any offense which is the same as or equivalent to any offense set forth above as the same existed and was defined under the laws of this state existing at the time of such conviction, specifically including, but not limited to, crime against nature, as provided by Section 13-1-110; rape, as provided by Sections 13-1-130 and 13-1-131; carnal knowledge of a woman or girl, as provided by Sections 13-1-132 through 13-1-135, or attempting to do so, as provided by Section 13-1-136; indecent molestation of children, as defined and provided by Section 13-1-113; indecent exposure, as provided by Section 13-1-111; incest, as provided by Section 13-8-3; offenses relative to obscene prints and literature, as provided by Sections 13-7-160 through 13-7-175, inclusive; employing, harboring, procuring or using a girl over 10 and under 18 years of age for the purpose of prostitution or sexual intercourse, as provided by Section 13-7-1; seduction, as defined and provided by Section 13-1-112; a male person peeping into a room occupied by a female, as provided by Section 13-6-6; assault with intent to ravish, as provided by Section 13-1-46; and soliciting a child by computer, as provided by Section 13A-6-110.(34) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (33), inclusive.(35) Any crime committed in Alabama or any other state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction which, if it had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (34), inclusive.(36) Any offense specified by Title I of the federal Adam Walsh Child Protection and Safety Act of 2006 ( Pub. L. 109-248, the Sex Offender Registration and Notification Act (SORNA)).(37) Any crime committed in another state, the District of Columbia, any United States territory, or a federal, military, Indian, or foreign country jurisdiction if that jurisdiction also requires that anyone convicted of that crime register as a sex offender in that jurisdiction.(38) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.(39) The foregoing notwithstanding, any crime committed in any jurisdiction which, irrespective of the specific description or statutory elements thereof, is in any way characterized or known as rape, carnal knowledge, sodomy, sexual assault, sexual battery, criminal sexual conduct, criminal sexual contact, sexual abuse, continuous sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, molestation of a child, criminal sexual misconduct, video voyeurism, or there has been a finding of sexual motivation.(40) Any crime not listed in this section wherein the underlying felony is an element of the offense and listed in subdivisions (1) to (39), inclusive.(41) Any other offense not provided for in this section wherein there is a finding of sexual motivation as provided by Section 15-20A-6.Ala. Code § 15-20A-5 (1975)
Amended by Act 2019-465,§ 1, eff. 9/1/2019.Amended by Act 2018-528,§ 4, eff. 7/1/2018.Amended by Act 2017-414,§ 5, eff. 8/1/2017.Amended by Act 2016-354,§ 2, eff. 5/11/2016.Amended by Act 2015-463,§ 1, eff. 9/1/2015.