Code of Alabama
Ala. Code § 13A-6-65 (2026)
Sexual Misconduct.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of sexual misconduct if he or she does any of the following:
(1) Engages in sexual intercourse with another person without his or her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with consent where consent was obtained by the use of any fraud or artifice.
(2) Engages in sodomy with another person, without his or her consent, under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64; or with consent where consent was obtained by the use of fraud or artifice.
(3) Engages in sexual contact with another person without his or her consent under circumstances other than those under Sections 13A-6-66, 13A-6-67, and 13A-6-69.1; or with consent where consent was obtained by the use of fraud or artifice.
(b) Sexual misconduct is a Class A misdemeanor.
(Acts 1977, No. 607, p. 812, §2318; Act 2019-465, §1.)
Notes of Decisions
Cited in 54
cases (5 in the last 5 years), 1982–2025 · leading case: State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018).
State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018). “, Ala. Code § 13A-6-65(a)(1) (Westlaw current through Act 2018-124, Act 2018-126 through Act 2018-151, and Act 2018-153 through Act 2018- 392) (stating “[a] person commits the crime of sexual misconduct if” the man has sexual intercourse with a woman “where consent was obtained…”
Williams v. State, 184 So. 3d 1064 (Ala. Crim. App. 2015). “” The commentary to that statute notes that the specific subdivision “was changed by the legislature to make all homosexual conduct criminal, and consent is no defense,” See Commentary to § 13A-6-65, Ala.Code 1975. Section 13A-6-60(2), Ala.”
Marnika Lewis v. Governor of Alabama, 944 F.3d 1287 (11th Cir. 2019). “Pryor, for instance, we considered a plaintiff’s constitutional challenge to Alabama Code § 13A-6-65(a)(3), which forbade so-called “deviate sexual 6 For its part, the lead dissent refers vaguely to “the broad powers invested in [the Attorney General] by the State of Alabama,”…”
Ex Parte State, 528 So. 2d 1159 (Ala. 1988). “"Section 13A-6-65(a) provides: `A person commits the crime of sexual misconduct if: (1) being a male, he engages in sexual intercourse with a female without her consent, .”
D.H. v. H.H., 830 So. 2d 21 (Ala. 2002). “Ala. Code 1975, § 13A-6-65. 4 One commits the crime of “sexual misconduct” when “[h]e or she engages in deviate sexual intercourse with another person.”
Hollywood Mobile Estates Ltd. v. Seminole Tribe, 641 F.3d 1259 (11th Cir. 2011). “2003), is instructive. In Doe, several plaintiffs filed suit against the Attorney General of Alabama to enjoin enforcement of a statute that made “deviate sexual intercourse” a criminal offense, Ala.”
Ex Parte DWW, 717 So. 2d 793 (Ala. 1998). “Ala.Code 1975, § 13A-6-65(a)(3). R.W., therefore, is continually engaging in conduct that violates the criminal law of this state.”
Wesson v. State, 208 So. 3d 1160 (Ala. Crim. App. 2015). “Joshua Wesson appeals his conviction for sexual misconduct, see § 13A-6-65(a)(3), Ala.Code 1975, entered following a guilty plea, and his resulting sentence of 12 months in prison.”
Doe v. Pryor, 344 F.3d 1282 (11th Cir. 2003). “At the center of the case is an Alabama statute which criminalizes “deviate sexual intercourse,” defined as “[a]ny act of sexual gratification between persons not married to each other involving the sex organs of one person and the mouth or anus of another,” Ala.Code §…”
Gilbert v. State, 220 So. 3d 1099 (Ala. Crim. App. 2016). “And it does — [§ 13A-6-65](a)(l) and (a)(2) do give a provision where you can apply a fact pattern of what [the prosecutor] just described of where there is not forcible compulsion but there is not necessarily consent either.”
Evans v. Romer, 854 P.2d 1270 (Colo. 1993). “, Ala.Code § 13A-6-65(a)(3) (1975); Ark.Code Ann.”
Gay Lesbian Bisexual All. v. Sessions, 917 F. Supp. 1548 (M.D. Ala. 1996). “These sections outlaw, among other things, forcible acts of "deviate sexual intercourse” (§ 13A-6-65(a)(l)); such acts with a minor or someone incapable of consent (§§ 13A-6-6 3 & 13A-6-64); vaginal intercourse under certain circumstances, including *1550 where the consent of a…”
— Ala. Code § 13A-6-65(a) — 5 cases
Ex Parte State, 528 So. 2d 1159 (Ala. 1988). “"Section 13A-6-65(a) provides: `A person commits the crime of sexual misconduct if: (1) being a male, he engages in sexual intercourse with a female without her consent, .”
Gilbert v. State, 220 So. 3d 1099 (Ala. Crim. App. 2016). “And it does — [§ 13A-6-65](a)(l) and (a)(2) do give a provision where you can apply a fact pattern of what [the prosecutor] just described of where there is not forcible compulsion but there is not necessarily consent either.”
Briana Marquise Matthews v. State of Alabama (Appeal from St. Clair Circuit Court: CV-23-59; CL-2024-0288). (Ala. 2025).
United States v. Michael Hill (11th Cir. 2025).
— Ala. Code § 13A-6-65(a)(1) — 5 cases
State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018). “, Ala. Code § 13A-6-65(a)(1) (Westlaw current through Act 2018-124, Act 2018-126 through Act 2018-151, and Act 2018-153 through Act 2018- 392) (stating “[a] person commits the crime of sexual misconduct if” the man has sexual intercourse with a woman “where consent was obtained…”
Ex Parte State, 528 So. 2d 1159 (Ala. 1988). “"Section 13A-6-65(a) provides: `A person commits the crime of sexual misconduct if: (1) being a male, he engages in sexual intercourse with a female without her consent, .”
Gay Lesbian Bisexual All. v. Sessions, 917 F. Supp. 1548 (M.D. Ala. 1996). “These sections outlaw, among other things, forcible acts of "deviate sexual intercourse” (§ 13A-6-65(a)(l)); such acts with a minor or someone incapable of consent (§§ 13A-6-6 3 & 13A-6-64); vaginal intercourse under certain circumstances, including *1550 where the consent of a…”
Brian Everett Hammock v. State of Alabama (Appeal from Lee Circuit Court: CC-20-70) (Ala. Crim. App. 2024).
United States v. Chad Brandon Smith, 336 F. App'x 978 (11th Cir. 2009).
— Ala. Code § 13A-6-65(a)(1975) — 1 case
Alldredge v. State, 453 So. 2d 1332 (Ala. Crim. App. 1984).
— Ala. Code § 13A-6-65(a)(2) — 2 cases
SF v. State Ex Rel. TM, 695 So. 2d 1186 (Ala. Civ. App. 1996).
S.F. v. State ex rel. T.M., 695 So. 2d 1186 (Ala. Civ. App. 1996).
— Ala. Code § 13A-6-65(a)(3) — 24 cases
Williams v. State, 184 So. 3d 1064 (Ala. Crim. App. 2015). “” The commentary to that statute notes that the specific subdivision “was changed by the legislature to make all homosexual conduct criminal, and consent is no defense,” See Commentary to § 13A-6-65, Ala.Code 1975. Section 13A-6-60(2), Ala.”
Marnika Lewis v. Governor of Alabama, 944 F.3d 1287 (11th Cir. 2019). “Pryor, for instance, we considered a plaintiff’s constitutional challenge to Alabama Code § 13A-6-65(a)(3), which forbade so-called “deviate sexual 6 For its part, the lead dissent refers vaguely to “the broad powers invested in [the Attorney General] by the State of Alabama,”…”
Hollywood Mobile Estates Ltd. v. Seminole Tribe, 641 F.3d 1259 (11th Cir. 2011). “2003), is instructive. In Doe, several plaintiffs filed suit against the Attorney General of Alabama to enjoin enforcement of a statute that made “deviate sexual intercourse” a criminal offense, Ala.”
Ex Parte DWW, 717 So. 2d 793 (Ala. 1998). “Ala.Code 1975, § 13A-6-65(a)(3). R.W., therefore, is continually engaging in conduct that violates the criminal law of this state.”
Wesson v. State, 208 So. 3d 1160 (Ala. Crim. App. 2015). “Joshua Wesson appeals his conviction for sexual misconduct, see § 13A-6-65(a)(3), Ala.Code 1975, entered following a guilty plea, and his resulting sentence of 12 months in prison.”
— Ala. Code § 13A-6-65(a)(l) — 2 cases
Gay Lesbian Bisexual All. v. Sessions, 917 F. Supp. 1548 (M.D. Ala. 1996). “These sections outlaw, among other things, forcible acts of "deviate sexual intercourse” (§ 13A-6-65(a)(l)); such acts with a minor or someone incapable of consent (§§ 13A-6-6 3 & 13A-6-64); vaginal intercourse under certain circumstances, including *1550 where the consent of a…”
United States v. Chad Brandon Smith, 336 F. App'x 978 (11th Cir. 2009).
— Ala. Code § 13A-6-65(b) — 3 cases
People v. Leal, 180 Cal. App. 4th 782 (Cal. Ct. App. 2009).
Briana Marquise Matthews v. State of Alabama (Appeal from St. Clair Circuit Court: CV-23-59; CL-2024-0288). (Ala. 2025).
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