Code of Alabama

Ala. Code § 13A-6-64 (2026)

Sodomy in the Second Degree.

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

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(a) A person commits the crime of sodomy in the second degree if, being 16 years old or older, he or she engages in sodomy with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.

(b) Sodomy in the second degree is a Class B felony.

(Acts 1977, No. 607, p. 812, §2316; Acts 1979, No. 79-471, p. 862, §1; Acts 1987, No. 87-607, p. 1056, §3; Act 2019-465, §1.)

Notes of Decisions

Cited in 30 cases (4 in the last 5 years), 1989–2025 · leading case: United States v. Owens, 672 F.3d 966 (11th Cir. 2012).

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United States v. Owens, 672 F.3d 966 (11th Cir. 2012). · cites it 2× “See Ala.Code § 13A-6-64. Violent force is not an element of either offense.”

Humphrey v. Wilson, 652 S.E.2d 501 (Ga. 2007). · cites it 2× “§ 254 (oral sex with a person who is 14 or 15 years old is a crime only when the defendant is at least 5 years older than that person).”

Horace Mann Ins. v. Fore, 785 F. Supp. 947 (M.D. Ala. 1992). · cites it 3× “Code § 13A-6-67 and of one count of sexual abuse in the second degree in violation of Ala.Code § 13A-6-64. The Doe party filed their civil suit January 25, 1991.”

United States v. Freeman Eugene Jockisch, 857 F.3d 1122 (11th Cir. 2017). “Code § 13A-6-62 (second-degree rape), (2) Ala. Code § 13A-6-64 (second-degree sodomy), and (3) Ala.”

Register v. State, 640 So. 2d 3 (Ala. Crim. App. 1993). “that the appellant allegedly performed fellatio on his stepson but had his daughter perform fellatio on him. Fellatio constitutes deviate sexual intercourse which is defined in § 13A-6-60(2) and is condemned as sodomy.”

Kirby v. State, 581 So. 2d 1136 (Ala. Crim. App. 1990). “and who was less than 16 years of age and more than 12 years of age, in violation of § 13A-6-64, Code of Alabama (1975). The prosecutor made a motion for consolidation of the offenses, stating that "there is at least one act involving both boys [victims] at the same time.”

Naylor v. State, 108 So. 3d 1063 (Ala. Crim. App. 2012). “, who was less than 16 years of age and more than 12 years of age, in violation of § 13A-6-64, *1065 Ala.Code 1975; and count IX charged Naylor with incest for engaging in sexual intercourse with B.”

Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018). “…in the first degree); § 13A-6-62(a)(1) (rape in the second degree); § 13A-6-63(a)(3) (sodomy in the first degree); § 13A-6-64(a)(1) (sodomy in the second degree); § 13A-6-66(a)(3) (sexual abuse in the first degree); § 13A-6-67(a)(2) (sexual abuse in the second degree); §…”

J.D.S. v. State, 587 So. 2d 1249 (Ala. Crim. App. 1991). “§ 13A-6-63 and § 13A-6-64. Neither of the sodomy statutes makes any reference to or distinction between the different roles of the participants in the act of deviate sexual intercourse.”

Mosley v. State, 187 So. 3d 1194 (Ala. Crim. App. 2015). “Facts and Procedural History Mosley, pursuant to a negotiated agreement, pleaded guilty to two counts of second-degree sodomy, see § 13A-6-64(a)(l), Ala.Code 1975. On May 15, 2008, the circuit court sentenced Mosley, under the voluntary sentencing guidelines (“the guidelines”),…”

Dyson v. State, 591 So. 2d 559 (Ala. Crim. App. 1991). · cites it 2× “Jimmy Dyson was indicted for sodomy, second degree, in violation of § 13A-6-64, Code of Alabama 1975. The petit jury returned a verdict of “guilty as charged in the indictment.”

K.R.B. v. State, 834 So. 2d 826 (Ala. Crim. App. 2001). “(Count 2 of the indictment), a violation of § 13A-6-64(a)(l), Ala.Code 1975; first-degree sodomy of J.”

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— Ala. Code § 13A-6-64(a)(1) — 5 cases

State v. Woodard, 631 So. 2d 1065 (Ala. Crim. App. 1993).

Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018).

James Steve Pearson v. Alabama Dep't of Corr.., 89 So. 3d 830 (Ala. Crim. App. 2010).

RA v. State, 943 So. 2d 135 (Ala. Crim. App. 2006).

— Ala. Code § 13A-6-64(a)(l) — 4 cases

K.R.B. v. State, 834 So. 2d 826 (Ala. Crim. App. 2001). “(Count 2 of the indictment), a violation of § 13A-6-64(a)(l), Ala.Code 1975; first-degree sodomy of J.”

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

R.A. v. State, 943 So. 2d 135 (Ala. Crim. App. 2006).

— Ala. Code § 13A-6-64(b) — 1 case

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

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