(a) A person commits the crime of sexual abuse in the second degree if he or she does either of the following:
(1) Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old.
(2) Being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
(b) Sexual abuse in the second degree is a Class A misdemeanor, except as provided in subsection (c), or if a person commits a second or subsequent offense of sexual abuse in the second degree within one year of another sexual offense, the offense is a Class C felony.
(c) If a person violates subdivision (a)(2), and he or she is at least 15 years older than the victim, the offense shall be a Class C felony.
(Acts 1977, No. 607, p. 812, §2321; Act 2000-728, p. 1566, §1; Act 2019-465, §1; Act 2019-516, §1.)
Notes of Decisions
Bryan Pettibone v. State of Alabama., 91 So. 3d 94 (Ala. Crim. App. 2011).
· cites it 16× “Code 1975; and one count of attempted second-degree sexual abuse, a violation of §§ 13A-6-67 and 13A-4-2, Ala.Code 1975. For each of the four enticement convictions, the trial court sentenced Pettibone to serve five years’ imprisonment.”
Horace Mann Ins. v. Fore, 785 F. Supp. 947 (M.D. Ala. 1992).
· cites it 4× “Fore was convicted in consolidated proceedings of multiple counts of sodomy in the second degree in violation of Ala.Code § 13A-6-67 and of one count of sexual abuse in the second degree in violation of Ala.”
Shoney's, Inc. v. Barnett, 773 So. 2d 1015 (Ala. Civ. App. 1999).
· cites it 3× “" § 13A-6-67. None of the elements of the crime involve dishonesty or false statement.”
Parrish v. State, 494 So. 2d 705 (Ala. Crim. App. 1985).
“The offense of sexual abuse in the second degree, § 13A-6-67(a)(2), is designed to cover the present factual situation.”
R.J.S. v. State, 905 So. 2d 26 (Ala. Crim. App. 2004).
· cites it 4× “See § 13A-6-67. Thus, it does not appear to this Court that the State met its initial burden of proving that R.”
Stiles v. State, 500 So. 2d 1190 (Ala. Crim. App. 1985).
· cites it 3× “” The counsel for appellee are correct in their assertion that, in accordance with the oral charge of the trial court to the jury, the jury was authorized to render a verdict finding defendant guilty of the lesser included offense proscribed by Alabama Code, § 13A-6-67. From our…”
A.T.M. v. State, 804 So. 2d 171 (Ala. 2000).
· cites it 4× “in violation of § 13A-6-67(a)(2); and one count of attempted sexual abuse in the second degree for the sexual abuse of L.”
Day v. State, 124 So. 3d 168 (Ala. Crim. App. 2013).
· cites it 5× “Donald Richard Day appeals his conviction for second-degree sexual abuse, see § 13A-6-67(a)(2), Ala.Code 1975. For the reasons stated below, we reverse and remand.”
Hill v. State, 538 So. 2d 436 (Ala. Crim. App. 1988).
· cites it 2× “Section 13A-6-67 reads as follows: “(a) A person commits the crime of sexual abuse in the second degree if: [[Image here]] “(2) He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.”
— Ala. Code § 13A-6-67(a)(2) — 15 cases
Parrish v. State, 494 So. 2d 705 (Ala. Crim. App. 1985).
“The offense of sexual abuse in the second degree, § 13A-6-67(a)(2), is designed to cover the present factual situation.”
A.T.M. v. State, 804 So. 2d 171 (Ala. 2000).
“in violation of § 13A-6-67(a)(2); and one count of attempted sexual abuse in the second degree for the sexual abuse of L.”
Day v. State, 124 So. 3d 168 (Ala. Crim. App. 2013).
“Donald Richard Day appeals his conviction for second-degree sexual abuse, see § 13A-6-67(a)(2), Ala.Code 1975. For the reasons stated below, we reverse and remand.”
R.J.S. v. State, 905 So. 2d 26 (Ala. Crim. App. 2004).
“See § 13A-6-67. Thus, it does not appear to this Court that the State met its initial burden of proving that R.”
— Ala. Code § 13A-6-67(b) — 3 cases
Bryan Pettibone v. State of Alabama., 91 So. 3d 94 (Ala. Crim. App. 2011).
“Code 1975; and one count of attempted second-degree sexual abuse, a violation of §§ 13A-6-67 and 13A-4-2, Ala.Code 1975. For each of the four enticement convictions, the trial court sentenced Pettibone to serve five years’ imprisonment.”
— Ala. Code § 13A-6-67(c) — 1 case
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