Code of Alabama

Ala. Code § 13A-6-63 (2026)

Sodomy in the First Degree. (Amended by Act 2026-55)

✓ official Alabama Legislature (ALISON) text, current July 2026

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AMENDED BY ACT 2026-55, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A person commits the crime of sodomy in the first degree if he or she does any of the following:

(1) Engages in sodomy with another person by forcible compulsion.

(2) Engages in sodomy with another person who is incapable of consent by reason of being incapacitated.

(3) Being 16 years old or older, engages in sodomy with a person who is less than 12 years old.

(b) Sodomy in the first degree is a Class A felony.

(Acts 1977, No. 607, p. 812, §2315; Act 2019-465, §1.)

Notes of Decisions

Cited in 164 cases (23 in the last 5 years), 1982–2026 · leading case: Ex Parte Coleman, 71 So. 3d 627 (Ala. 2010).

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Ex Parte Coleman, 71 So. 3d 627 (Ala. 2010). · cites it 8× “Code 1975, § 13A-6-61(a)(3); [1] (2) first-degree sodomy, see Ala. Code 1975, § 13A-6-63(a)(3); [2] and (3) two counts of first-degree sexual abuse, see Ala.”

State v. Smith, 766 So. 2d 501 (La. 2000). · cites it 2× “[4] See Ala.Code §§ 13A-6-63; 13A-6-64; 13A-6-65 (Michie 1993); Ariz.”

King v. State, 574 So. 2d 921 (Ala. Crim. App. 1990). · cites it 2× “One engages in an act of sexual intercourse under the circumstances set out in the rape statutes, or in an act of deviate sexual intercourse under the circumstances outlined in the sodomy statutes "at his peril.”

Campos v. State, 217 So. 3d 1 (Ala. Crim. App. 2015). · cites it 4× “Code 1975, provides that where an offender is convicted of a sex offense pursuant to § 13A-6-63, Ala.Code 1975, and the defendant was 21 years of age or older and the victim was 6 years of age or less at the time the offense was committed, the defendant shall be sentenced to…”

Jegley v. Picado, 80 S.W.3d 332 (Ark. 2002). “Nine states and Puerto Rico maintain statutes prohibiting same-sex and opposite-sex sodomy: Alabama — Ala. Code 1975, §§ 13A-6-63 — 65); Florida — Fla.”

Higdon v. State, 197 So. 3d 1019 (Ala. 2015). · cites it 8× “§ 13A-6-61 and § 13A-6-63, Ala.Code 1975. “Forcible compulsion” is defined as “[pjhysical force that overcomes; earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.”

Frye v. State, 185 So. 3d 1156 (Ala. Crim. App. 2015). · cites it 3× “Code 1975, and first-degree sodomy, see, § 13A-6-63, Ala.Code 1975. The trial court sentenced Frye to life imprisonment for' each conviction pursuant tb the Habitual Felony Offender Act, see § 13A-5-9, Ala.”

Higdon v. State, 197 So. 3d 1014 (Ala. Crim. App. 2014). · cites it 11× “Eric Lemont Higdon appeals his convictions for first-degree sodomy of a child less than 12 years old, see § 13A-6-63(a)(3), Ala.Code 1975, and first-degree sodomy by forcible compulsion, see § 13A-6-63(a)(l), Ala.”

Allen v. State, 624 So. 2d 650 (Ala. Crim. App. 1993). · cites it 3× “The appellant was sentenced to 25 years' imprisonment on the sodomy conviction and to 5 years' imprisonment on the sexual abuse conviction.”

Hutcherson v. State, 677 So. 2d 1174 (Ala. Crim. App. 1994). “" Count Two "The GRAND JURY of said County charge, that, before the finding of this indictment LARRY EUGENE HUTCHERSON ALIAS LARRY EUGENE BONNER, whose name is to the Grand Jury otherwise unknown than as stated, did engage in deviate sexual intercourse with Irma Thelma Gray by…”

Brooks v. State, 33 So. 3d 1262 (Ala. Crim. App. 2008). · cites it 4× “The appellant, Ren Hawkins Brooks, was convicted of two counts of first-degree sodomy, violations of § 13A-6-63(a)(3), Ala.Code 1975, and one count of first-degree sexual abuse, a violation of § 13A-6-66(a)(3), Ala.”

Rider v. State, 544 So. 2d 994 (Ala. Crim. App. 1989). · cites it 2× “Forcible compulsion is an element of the offenses of both sexual abuse in the first degree, Alabama Code 1975, § 13A-6-66(a)(1), and sodomy in the first degree, § 13A-6-63(a)(1). Forcible compulsion is "[p]hysical force that overcomes earnest resistance or a threat, express or…”

Show all 164 citing cases →

— Ala. Code § 13A-6-63(a) — 2 cases

D.C.H. v. State of Alabama (Ala. Crim. App. 2025).

M.A.R. v. State, 31 So. 3d 112 (Ala. 2009).

— Ala. Code § 13A-6-63(a)(1) — 19 cases

Lucas v. State, 204 So. 3d 929 (Ala. Crim. App. 2016).

Rider v. State, 544 So. 2d 994 (Ala. Crim. App. 1989). “Forcible compulsion is an element of the offenses of both sexual abuse in the first degree, Alabama Code 1975, § 13A-6-66(a)(1), and sodomy in the first degree, § 13A-6-63(a)(1). Forcible compulsion is "[p]hysical force that overcomes earnest resistance or a threat, express or…”

Gamble v. State, 758 So. 2d 1125 (Ala. Crim. App. 1999).

Wade v. State, 453 So. 2d 1072 (Ala. Crim. App. 1984).

Anonymous v. State, 502 So. 2d 1211 (Ala. Crim. App. 1986).

— Ala. Code § 13A-6-63(a)(3) — 43 cases

Ex Parte Coleman, 71 So. 3d 627 (Ala. 2010). “Code 1975, § 13A-6-61(a)(3); [1] (2) first-degree sodomy, see Ala. Code 1975, § 13A-6-63(a)(3); [2] and (3) two counts of first-degree sexual abuse, see Ala.”

Campos v. State, 217 So. 3d 1 (Ala. Crim. App. 2015). “Code 1975, provides that where an offender is convicted of a sex offense pursuant to § 13A-6-63, Ala.Code 1975, and the defendant was 21 years of age or older and the victim was 6 years of age or less at the time the offense was committed, the defendant shall be sentenced to…”

Brooks v. State, 33 So. 3d 1262 (Ala. Crim. App. 2008). “The appellant, Ren Hawkins Brooks, was convicted of two counts of first-degree sodomy, violations of § 13A-6-63(a)(3), Ala.Code 1975, and one count of first-degree sexual abuse, a violation of § 13A-6-66(a)(3), Ala.”

Styron v. State, 34 So. 3d 724 (Ala. Crim. App. 2009).

Higdon v. State, 197 So. 3d 1019 (Ala. 2015). “§ 13A-6-61 and § 13A-6-63, Ala.Code 1975. “Forcible compulsion” is defined as “[pjhysical force that overcomes; earnest resistance or a threat, express or implied, that places a person in fear of immediate death or serious physical injury to himself or another person.”

— Ala. Code § 13A-6-63(a)(a) — 1 case

Higdon v. State, 197 So. 3d 1014 (Ala. Crim. App. 2014). “Eric Lemont Higdon appeals his convictions for first-degree sodomy of a child less than 12 years old, see § 13A-6-63(a)(3), Ala.Code 1975, and first-degree sodomy by forcible compulsion, see § 13A-6-63(a)(l), Ala.”

— Ala. Code § 13A-6-63(a)(l) — 10 cases

B.E. v. State, 778 So. 2d 863 (Ala. Crim. App. 2000).

D.B. v. State, 861 So. 2d 4 (Ala. Crim. App. 2003).

B.H. v. State, 941 So. 2d 345 (Ala. Crim. App. 2006).

— Ala. Code § 13A-6-63(b) — 7 cases

R.V.D. v. State, 268 So. 3d 96 (Ala. Crim. App. 2018).

Williams v. State, 155 So. 3d 326 (Ala. Crim. App. 2014).

Robinson v. State, 869 So. 2d 1191 (Ala. Crim. App. 2003).

E.L.Y. v. State, 266 So. 3d 1125 (Ala. Crim. App. 2018).

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