Code of Alabama
Ala. Code § 13A-6-61 (2026)
Rape in the First Degree. (Amended by Act 2026-55)
✓ official Alabama Legislature (ALISON) text, current July 2026
AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) A person commits the crime of rape in the first degree if he or she does any of the following:
(1) Engages in sexual intercourse with another person by forcible compulsion.
(2) Engages in sexual intercourse with another person who is incapable of consent by reason of being incapacitated.
(3) Being 16 years old or older, engages in sexual intercourse with another person who is less than 12 years old.
(b) Rape in the first degree is a Class A felony.
(Acts 1977, No. 607, p. 812, §2310; Act 2000-726, p. 1557, §1; Act 2019-465, §1.)
Notes of Decisions
Cited in 248
cases (25 in the last 5 years), 1981–2026 · leading case: Childers v. State, 899 So. 2d 1025 (Ala. 2004).
Childers v. State, 899 So. 2d 1025 (Ala. 2004). “[3] However, on the basis of the evidence presented by the State, the trial court instructed the jury that it could consider not only first-degree rape under § 13A-6-61(a)(1) but also first-degree assault under § 13A-6-20(a)(1) [4] as a lesser-included offense.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “The appellant, Terry Drew King, was convicted of two counts of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, and two counts of sexual abuse in the first degree, a violation of § 13A-6-66, Code of Alabama 1975.”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “However, on the basis of the evidence presented by the State, the trial court instructed the jury that it could consider not only first-degree rape under § 13A-6-61(a)(1) but also first-degree assault under § 13A-6-20(a)(1) as a lesser-included offense.”
Powe v. State, 597 So. 2d 721 (Ala. 1991). “Willie James Powe was charged, in a two-count indictment, with first degree rape, in violation of § 13A-6-61, Ala.Code 1975, and second degree rape, in violation of § 13A-6-62.”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “See Ala.Code § 13A-6-61(a)(3); Alaska Stat. Ann.”
Williams v. State, 10 So. 3d 1083 (Ala. Crim. App. 2008). “The second count of rape alleged that Williams engaged in sexual intercourse with the victim when Williams was over the age of 16 and the victim was less than 12 years old, a violation of § 13A-6-61(a)(3), Ala.Code 1975. The first count of sexual abuse charged that Williams…”
Brown v. State, 11 So. 3d 866 (Ala. Crim. App. 2007). “See § 13A-6-61, Ala.Code 1975. Here, there was no evidence that the prior conviction was attempted rape by “forcible compulsion.”
Thomas v. State, 824 So. 2d 1 (Ala. Crim. App. 2001). “) The first-degree rape statute, § 13A-6-61, defines the offender as "a male.”
Ex Parte Coleman, 71 So. 3d 627 (Ala. 2010). “Facts and procedural history On April 7, 2008, Coleman pleaded guilty to the following offenses: (1) first-degree rape, see Ala.Code 1975, § 13A-6-61(a)(3); [1] (2) first-degree sodomy, see Ala.”
Rudolph v. State, 200 So. 3d 1186 (Ala. Crim. App. 2015). “” As a result of a single event, Rudolph was convicted of two counts of first-degree rape under two different subsections of § 13A-6-61, Ala.Code 1975, and was sentenced to consecutive sentences as a result of those convictions.”
C.D.B. v. State, 81 So. 3d 399 (Ala. Crim. App. 2011). “See § 13A-6-61 (a)(1), Ala.Code 1975. Specifically, C.”
United States v. Owens, 672 F.3d 966 (11th Cir. 2012). “See Ala.Code §§ 13A-6-61, 13A-6-63; see also Beavers v.”
— Ala. Code § 13A-6-61(3)(a) — 1 case
Jewell v. Dunn (N.D. Ala. 2019).
— Ala. Code § 13A-6-61(a) — 6 cases
Jason Michael Sharp v. State of Alabama., 151 So. 3d 308 (Ala. Crim. App. 2008).
C.D.B. v. State, 81 So. 3d 399 (Ala. Crim. App. 2011). “See § 13A-6-61 (a)(1), Ala.Code 1975. Specifically, C.”
J.A.P. v. State, 853 So. 2d 264 (Ala. Crim. App. 2001).
Swain v. State, 629 So. 2d 697 (Ala. Crim. App. 1993).
Davenport v. State, 426 So. 2d 464 (Ala. Crim. App. 1981).
— Ala. Code § 13A-6-61(a)(1) — 33 cases
Childers v. State, 899 So. 2d 1025 (Ala. 2004). “[3] However, on the basis of the evidence presented by the State, the trial court instructed the jury that it could consider not only first-degree rape under § 13A-6-61(a)(1) but also first-degree assault under § 13A-6-20(a)(1) [4] as a lesser-included offense.”
Bradley v. State, 925 So. 2d 221 (Ala. Crim. App. 2005). “However, on the basis of the evidence presented by the State, the trial court instructed the jury that it could consider not only first-degree rape under § 13A-6-61(a)(1) but also first-degree assault under § 13A-6-20(a)(1) as a lesser-included offense.”
Powe v. State, 597 So. 2d 721 (Ala. 1991). “Willie James Powe was charged, in a two-count indictment, with first degree rape, in violation of § 13A-6-61, Ala.Code 1975, and second degree rape, in violation of § 13A-6-62.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “The appellant, Terry Drew King, was convicted of two counts of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, and two counts of sexual abuse in the first degree, a violation of § 13A-6-66, Code of Alabama 1975.”
Lewis v. State, 889 So. 2d 623 (Ala. Crim. App. 2003).
— Ala. Code § 13A-6-61(a)(2) — 5 cases
Ronald Wayland Cole v. United States (11th Cir. 2021).
Cole v. United States (N.D. Ala. 2019).
H.L.B. v. State, 28 So. 3d 24 (Ala. Crim. App. 2009).
Naquin v. State, 156 So. 3d 984 (Ala. Crim. App. 2012).
HLB v. State, 28 So. 3d 24 (Ala. Crim. App. 2009).
— Ala. Code § 13A-6-61(a)(3) — 38 cases
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “See Ala.Code § 13A-6-61(a)(3); Alaska Stat. Ann.”
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “The appellant, Terry Drew King, was convicted of two counts of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, and two counts of sexual abuse in the first degree, a violation of § 13A-6-66, Code of Alabama 1975.”
Ex Parte Coleman, 71 So. 3d 627 (Ala. 2010). “Facts and procedural history On April 7, 2008, Coleman pleaded guilty to the following offenses: (1) first-degree rape, see Ala.Code 1975, § 13A-6-61(a)(3); [1] (2) first-degree sodomy, see Ala.”
Allen v. State, 472 So. 2d 1122 (Ala. Crim. App. 1985).
Watson v. State, 538 So. 2d 1216 (Ala. Crim. App. 1988).
— Ala. Code § 13A-6-61(a)(l) — 27 cases
Williams v. State, 10 So. 3d 1083 (Ala. Crim. App. 2008). “The second count of rape alleged that Williams engaged in sexual intercourse with the victim when Williams was over the age of 16 and the victim was less than 12 years old, a violation of § 13A-6-61(a)(3), Ala.Code 1975. The first count of sexual abuse charged that Williams…”
C.D.B. v. State, 81 So. 3d 399 (Ala. Crim. App. 2011). “See § 13A-6-61 (a)(1), Ala.Code 1975. Specifically, C.”
Ware v. State, 181 So. 3d 409 (Ala. 2014).
Rudolph v. State, 200 So. 3d 1186 (Ala. Crim. App. 2015). “” As a result of a single event, Rudolph was convicted of two counts of first-degree rape under two different subsections of § 13A-6-61, Ala.Code 1975, and was sentenced to consecutive sentences as a result of those convictions.”
White v. State, 179 So. 3d 170 (Ala. Crim. App. 2013).
— Ala. Code § 13A-6-61(b) — 7 cases
King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). “The appellant, Terry Drew King, was convicted of two counts of rape in the first degree, a violation of § 13A-6-61, Code of Alabama 1975, and two counts of sexual abuse in the first degree, a violation of § 13A-6-66, Code of Alabama 1975.”
Wright v. State, 420 So. 2d 823 (Ala. Crim. App. 1982).
Davenport v. State, 426 So. 2d 464 (Ala. Crim. App. 1981).
Charles Edward Colburn v. State of Alabama (Ala. Crim. App. 2023).
Joseph Clarence Cox v. State of Alabama (Ala. Crim. App. 2025).
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