Code of Alabama
Ala. Code § 13A-6-60 (2026)
Definitions.
✓ official Alabama Legislature (ALISON) text, current July 2026
The following definitions apply in this article:
(1) FORCIBLE COMPULSION. Use or threatened use, whether express or implied, of physical force, violence, confinement, restraint, physical injury, or death to the threatened person or to another person. Factors to be considered in determining an implied threat include, but are not limited to, the respective ages and sizes of the victim and the accused; the respective mental and physical conditions of the victim and the accused; the atmosphere and physical setting in which the incident was alleged to have taken place; the extent to which the accused may have been in a position of authority, domination, or custodial control over the victim; or whether the victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
(2) INCAPACITATED. The term includes any of the following:
a. A person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct.
b. A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.
c. A person who is unable to give consent or who is unable to communicate an unwillingness to an act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.
(3) SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party. The term does not require skin to skin contact.
(4) SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
(5) SODOMY. Any sexual act involving the genitals of one person and the mouth or anus of another person.
(Acts 1977, No. 607, p. 812, §2301; Acts 1988, No. 88-339, p. 515; Act 2019-465, §1.)
Notes of Decisions
Cited in 138
cases (13 in the last 5 years), 1981–2026 · leading case: United States v. Freeman Eugene Jockisch, 857 F.3d 1122 (11th Cir. 2017).
United States v. Freeman Eugene Jockisch, 857 F.3d 1122 (11th Cir. 2017). “” Ala. Code § 13A-6-60(1). Section 13A-6-64(a)(1) (Sodomy in the Second Degree) prohibits deviate sexual intercourse with another person who is less than 16 and more than 12 years old.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “" Ala.Code 1975, § 13A-6-60(1). No intent accompanying the act of sexual intercourse need be proved for the offense of rape.”
United States v. Terrance Tyrone Davis, 875 F.3d 592 (11th Cir. 2017). “See Ala. Code § 13A-6-60(6) (defining mental incapacitation as being “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…”
Powe v. State, 597 So. 2d 721 (Ala. 1991). “" "Sexual intercourse" is defined in § 13A-6-60(1) as occurring "upon any penetration, however slight.”
Lucas v. State, 204 So. 3d 929 (Ala. Crim. App. 2016). “’ See § 13A-6-60(3), Ala. Code 1975. In the present case, the State did, in fact, present evidence indicating that D.”
Bible v. State, 982 A.2d 348 (Md. 2009). “, Ala.Code § 13A-6-60(3) (2009) (defining "sexual contact" as "[a]ny 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"); Haw.”
Parrish v. State, 494 So. 2d 705 (Ala. Crim. App. 1985). “' " However, since the jury was never given the definition of "forcible compulsion," they had no proper standard for determining whether or not the defendant's reprehensible conduct constituted forcible compulsion as defined by Alabama Code 1975, § 13A-6-60(8). The basis for…”
United States v. Owens, 672 F.3d 966 (11th Cir. 2012). “On the contrary, the second degree rape statute requires the act of sexual intercourse, which requires only slight penetration, with a non-consenting victim, due to age or mental incapacity.”
Dawson v. State, 675 So. 2d 897 (Ala. Crim. App. 1995). “However, rape also requires proof of `sexual intercourse,' as defined in § 13A-6-60(1), as opposed to sodomy, which requires the additional proof of `deviate sexual intercourse,' as defined in § 13A-6-60(2).”
Bailey v. Faulkner, 940 So. 2d 247 (Ala. 2006). “If I were a member of the Alabama Legislature, I would immediately amend § 6-5-331 so as to provide that nothing in the statute should preclude a civil cause of action when a person who has assumed a duty toward a husband and wife with respect to the status of their marital…”
Hawkins v. State, 549 So. 2d 552 (Ala. Crim. App. 1989). “1983), the Alabama Supreme Court held that under § 13A-6-60 and 13A-6-66, first degree sexual abuse requires proof that the defendant acted with the intent to gratify the sexual desire of himself or of the person contacted.”
McGahee v. State, 554 So. 2d 454 (Ala. Crim. App. 1989). “The appellant contends on appeal that the State did not prove that he subjected or attempted to subject Connie Brown to sexual contact by forcible compulsion.”
— Ala. Code § 13A-6-60(1) — 15 cases
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “" Ala.Code 1975, § 13A-6-60(1). No intent accompanying the act of sexual intercourse need be proved for the offense of rape.”
United States v. Owens, 672 F.3d 966 (11th Cir. 2012). “On the contrary, the second degree rape statute requires the act of sexual intercourse, which requires only slight penetration, with a non-consenting victim, due to age or mental incapacity.”
United States v. Freeman Eugene Jockisch, 857 F.3d 1122 (11th Cir. 2017). “” Ala. Code § 13A-6-60(1). Section 13A-6-64(a)(1) (Sodomy in the Second Degree) prohibits deviate sexual intercourse with another person who is less than 16 and more than 12 years old.”
Powe v. State, 597 So. 2d 721 (Ala. 1991). “" "Sexual intercourse" is defined in § 13A-6-60(1) as occurring "upon any penetration, however slight.”
Dawson v. State, 675 So. 2d 897 (Ala. Crim. App. 1995). “However, rape also requires proof of `sexual intercourse,' as defined in § 13A-6-60(1), as opposed to sodomy, which requires the additional proof of `deviate sexual intercourse,' as defined in § 13A-6-60(2).”
— Ala. Code § 13A-6-60(2) — 28 cases
United States v. Freeman Eugene Jockisch, 857 F.3d 1122 (11th Cir. 2017). “” Ala. Code § 13A-6-60(1). Section 13A-6-64(a)(1) (Sodomy in the Second Degree) prohibits deviate sexual intercourse with another person who is less than 16 and more than 12 years old.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “" Ala.Code 1975, § 13A-6-60(1). No intent accompanying the act of sexual intercourse need be proved for the offense of rape.”
Dawson v. State, 675 So. 2d 897 (Ala. Crim. App. 1995). “However, rape also requires proof of `sexual intercourse,' as defined in § 13A-6-60(1), as opposed to sodomy, which requires the additional proof of `deviate sexual intercourse,' as defined in § 13A-6-60(2).”
McLemore v. State, 562 So. 2d 639 (Ala. Crim. App. 1990).
Sparrow v. State, 606 So. 2d 219 (Ala. Crim. App. 1992).
— Ala. Code § 13A-6-60(2)(c) — 1 case
People v. Hosei, 2023 Guam 22 (Guam 2023).
— Ala. Code § 13A-6-60(3) — 34 cases
United States v. Freeman Eugene Jockisch, 857 F.3d 1122 (11th Cir. 2017). “” Ala. Code § 13A-6-60(1). Section 13A-6-64(a)(1) (Sodomy in the Second Degree) prohibits deviate sexual intercourse with another person who is less than 16 and more than 12 years old.”
Bible v. State, 982 A.2d 348 (Md. 2009). “, Ala.Code § 13A-6-60(3) (2009) (defining "sexual contact" as "[a]ny 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"); Haw.”
Lucas v. State, 204 So. 3d 929 (Ala. Crim. App. 2016). “’ See § 13A-6-60(3), Ala. Code 1975. In the present case, the State did, in fact, present evidence indicating that D.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “" Ala.Code 1975, § 13A-6-60(1). No intent accompanying the act of sexual intercourse need be proved for the offense of rape.”
Bailey v. Faulkner, 940 So. 2d 247 (Ala. 2006). “If I were a member of the Alabama Legislature, I would immediately amend § 6-5-331 so as to provide that nothing in the statute should preclude a civil cause of action when a person who has assumed a duty toward a husband and wife with respect to the status of their marital…”
— Ala. Code § 13A-6-60(4) — 4 cases
Doe v. The Univ. of Alabama in Huntsville (N.D. Ala. 2020).
Tate (S.D. Ala. 2026).
Joseph Clarence Cox v. State of Alabama (Ala. Crim. App. 2025).
Jeremy T. Williams v. State of Alabama (Ala. Crim. App. 2026).
— Ala. Code § 13A-6-60(5) — 5 cases
Keeley, 27 I. & N. Dec. 146 (2017).
Tate (S.D. Ala. 2026).
Geraldo Jarzavian Jackson v. State of Alabama (Ala. Crim. App. 2025).
Joseph Clarence Cox v. State of Alabama (Ala. Crim. App. 2025).
Jeremy T. Williams v. State of Alabama (Ala. Crim. App. 2026).
— Ala. Code § 13A-6-60(6) — 3 cases
United States v. Terrance Tyrone Davis, 875 F.3d 592 (11th Cir. 2017). “See Ala. Code § 13A-6-60(6) (defining mental incapacitation as being “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…”
State v. Rossbach, 650 N.W.2d 242 (Neb. 2002).
Keeley, 27 I. & N. Dec. 146 (2017).
— Ala. Code § 13A-6-60(7) — 2 cases
H.L.B. v. State, 28 So. 3d 24 (Ala. Crim. App. 2009).
HLB v. State, 28 So. 3d 24 (Ala. Crim. App. 2009).
— Ala. Code § 13A-6-60(8) — 43 cases
United States v. Terrance Tyrone Davis, 875 F.3d 592 (11th Cir. 2017). “See Ala. Code § 13A-6-60(6) (defining mental incapacitation as being “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…”
Powe v. State, 597 So. 2d 721 (Ala. 1991). “" "Sexual intercourse" is defined in § 13A-6-60(1) as occurring "upon any penetration, however slight.”
Parrish v. State, 494 So. 2d 705 (Ala. Crim. App. 1985). “' " However, since the jury was never given the definition of "forcible compulsion," they had no proper standard for determining whether or not the defendant's reprehensible conduct constituted forcible compulsion as defined by Alabama Code 1975, § 13A-6-60(8). The basis for…”
Commonwealth v. Mlinarich, 498 A.2d 395 (Pa. 1985).
Barber v. State, 952 So. 2d 393 (Ala. Crim. App. 2005).
— Ala. Code § 13A-6-60(l) — 4 cases
United States v. Freeman Eugene Jockisch, 857 F.3d 1122 (11th Cir. 2017). “” Ala. Code § 13A-6-60(1). Section 13A-6-64(a)(1) (Sodomy in the Second Degree) prohibits deviate sexual intercourse with another person who is less than 16 and more than 12 years old.”
Rudolph v. State, 200 So. 3d 1186 (Ala. Crim. App. 2015).
Adler v. State, 591 So. 2d 133 (Ala. Crim. App. 1991).
Seales v. State, 581 So. 2d 1188 (Ala. Crim. App. 1990).
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