Code of Alabama

Ala. Code § 13A-6-70 (2026)

Lack of Consent.

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

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(a) Unless otherwise stated, an element of every offense defined in this article is that the sexual act was committed without the consent of the victim.

(b) Lack of consent results from either of the following:

(1) Forcible compulsion.

(2) Being incapable of consent.

(1) Less than 16 years old.

(2) Incapacitated.

(d) Consent to engage in sexual intercourse, sodomy, sexual acts, or sexual contact may be communicated by words or actions. The existence of a current or previous marital, dating, social, or sexual relationship with the defendant is not sufficient to constitute consent. Evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device or sexually transmitted disease protection, without additional evidence of consent, is not sufficient to constitute consent.

(Acts 1977, No. 607, p. 812, §2330; Act 2019-465, §1.)

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1982–2025 · leading case: Parrish v. State, 494 So. 2d 705 (Ala. Crim. App. 1985).

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Parrish v. State, 494 So. 2d 705 (Ala. Crim. App. 1985). · cites it 4× “" Commentary, Alabama Code (1975), § 13A-6-70. Additionally, in sexual assault cases, resistance is often counter-productive, since the physical "resisting" movement of the victim may very well arouse, instead of repel, the assailant.”

United States v. Brannan, 562 F.3d 1300 (11th Cir. 2009). “Ala. Code § 13A-6-70. Because Count One did not include this element of non-consent, Brannan argued that the count for indecent exposure was defective.”

Doe v. City of Demopolis, 799 F. Supp. 2d 1300 (S.D. Ala. 2011). · cites it 2× “See Ala.Code § 13A-6-70(c)(l) (“A person is deemed incapable of consent if he is .”

United States v. Harry Lewis Ivory, 475 F.3d 1232 (11th Cir. 2007). “Ala.Code § 13A-6-70(e)(1). Accordingly, second degree rape under Alabama law is sexual intercourse with a person incapable of consenting to the act.”

United States v. Lopez-DeLeon, 513 F.3d 472 (5th Cir. 2008). “The following 34 jurisdictions set the age of consent at 16: Alabama, Ala.Code § 13A-6-70; Alaska, Alaska Stat.”

Cochran v. State, 111 So. 3d 148 (Ala. Crim. App. 2012). “Section 13A-6-70, Ala.Code 1975, provides, in relevant part: “(a) Whether or not specifically stated, it is an element of every offense defined in this article, with the exception of subdivision (a)(3) of Section 13A-6-65, that the sexual act was committed without consent of the…”

United States v. Burnett, 545 F. Supp. 2d 1207 (N.D. Ala. 2008). · cites it 3× “” Ala.Code § 13A-6-70(a) (1977). Indubitably, Alabama’s indecent exposure statute is an Article 4 crime — a sexual offense.”

State Farm Fire & Cas. Co. v. GHW, 56 F. Supp. 3d 1210 (N.D. Ala. 2014). · cites it 2× “Under Ala.Code § 13A-6-70(c)(1), GHW III was not legally able to consent to sexual intercourse.”

Pruitt v. State, 272 So. 3d 732 (Ala. Crim. App. 2018). “, for immoral purposes); § 13A-6-70(c)(1) (providing that a person is deemed incapable of consent to certain sexual offenses if that person is less than 16 years old); § 13A-11-76 (prohibiting the delivery of a pistol to a minor); § 13A-12-111(a)(2) (promoting prostitution in…”

United States v. Nash, 1 F. Supp. 3d 1240 (N.D. Ala. 2014). · cites it 2× “See Ala.Code § 13A-6-70(c)(1). The difference in age between Mr.”

D.H. v. H.H., 830 So. 2d 21 (Ala. 2002). “If both actors were adult and both consented, there was no offense; but this subdivision was changed by the legislature to make all homosexual conduct criminal, and consent is no defense. However, § 13A-6-65(a)(3) does not apply to married persons, as this is not within the…”

Williams v. State, 184 So. 3d 1064 (Ala. Crim. App. 2015). “Section 13A-6-70(a), Ala.Code 1975, provides: "Whether or not specifically stated, it is an element of every offense defined in this article, with the exception pf subdivision (a)(3) of Section 13A-6-65, that the sexual act was committed without consent of the victim.”

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— Ala. Code § 13A-6-70(a) — 3 cases

United States v. Burnett, 545 F. Supp. 2d 1207 (N.D. Ala. 2008). “” Ala.Code § 13A-6-70(a) (1977). Indubitably, Alabama’s indecent exposure statute is an Article 4 crime — a sexual offense.”

United States v. Parvin, 31 So. 3d 101 (Ala. 2009).

— Ala. Code § 13A-6-70(b) — 1 case

Gordon v. State, 706 So. 2d 1160 (Ala. 1997).

— Ala. Code § 13A-6-70(b)(3) — 3 cases

Parrish v. State, 494 So. 2d 705 (Ala. Crim. App. 1985). “" Commentary, Alabama Code (1975), § 13A-6-70. Additionally, in sexual assault cases, resistance is often counter-productive, since the physical "resisting" movement of the victim may very well arouse, instead of repel, the assailant.”

Ex Parte HH, 830 So. 2d 21 (Ala. 2002).

— Ala. Code § 13A-6-70(c) — 1 case

United States v. Michael Hill (11th Cir. 2025).

— Ala. Code § 13A-6-70(c)(1) — 7 cases

State Farm Fire & Cas. Co. v. GHW, 56 F. Supp. 3d 1210 (N.D. Ala. 2014). “Under Ala.Code § 13A-6-70(c)(1), GHW III was not legally able to consent to sexual intercourse.”

United States v. Nash, 1 F. Supp. 3d 1240 (N.D. Ala. 2014). “See Ala.Code § 13A-6-70(c)(1). The difference in age between Mr.”

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

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

— Ala. Code § 13A-6-70(c)(l) — 2 cases

Doe v. City of Demopolis, 799 F. Supp. 2d 1300 (S.D. Ala. 2011). “See Ala.Code § 13A-6-70(c)(l) (“A person is deemed incapable of consent if he is .”

Edwards v. State, 628 So. 2d 1055 (Ala. Crim. App. 1993).

— Ala. Code § 13A-6-70(e)(1) — 1 case

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