Code of Alabama
Ala. Code § 14-11-31 (2026)
Prohibited Acts.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) It shall be unlawful for any employee to engage in sexual conduct with a person who is in the custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality.
(b) It shall be unlawful for any probation or parole officer to engage in sexual conduct with a person who is under the supervisory, disciplinary, or custodial authority of the officer engaging in the sexual conduct with the person.
(c) Any person violating subsection (a) or (b) shall, upon conviction, be guilty of custodial sexual misconduct.
(d) Custodial sexual misconduct is a Class C felony.
(e) For purposes of this article, the consent of the person in custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality, or a person who is on probation or on parole, shall not be a defense to a prosecution under this article.
(Act 2004-298, p. 420, §2.)
Notes of Decisions
Cited in 13
cases (6 in the last 5 years), 2009–2025 · leading case: Raymond Watison v. Mary Carter, 668 F.3d 1108 (9th Cir. 2012).
Raymond Watison v. Mary Carter, 668 F.3d 1108 (9th Cir. 2012). “, Ala. Code §§ 14-11-31 , 14-11-30(3) (forbidden “sexual conduct” defined to include sexual intercourse and “touching[,] for the purpose of sexual arousal, gratification, or abuse[,] of .”
Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015). “See Ala.Code § 14-11-31; Alaska Stat. § 11.41.”
State v. Coleman, 684 S.E.2d 513 (N.C. Ct. App. 2009). “39 , 102 (1998); see Ala Code § 14-11-31 (LexisNexis 2008); Alaska Stat.”
David Walton v. Ashley Nehls, 135 F.4th 1070 (7th Cir. 2025). “23-1207 17 Appendix In 26 states plus the District of Columbia, statutes make it a criminal offense for prison officials to engage in sexual ac- tivity with prisoners and explicitly state that consent is not an affirmative defense: State Relevant Statute Alabama Ala.”
Heard v. Hannah, 51 F. Supp. 3d 1129 (N.D. Ala. 2014). “CODE § 14-11-31; sodomy, first degree, see id.”
Briana Marquise Matthews v. State of Alabama (Appeal from St. Clair Circuit Court: CC-21-204; Crim. Appeals: CR-2024-0308). (Ala. 2025). “Background Matthews was charged with two counts of custodial sexual misconduct, violations of § 14-11-31, Ala. Code 1975, after having two sexual encounters with an inmate while she was employed as a prison guard at St.”
Briana Marquise Matthews v. State of Alabama (Appeal from St. Clair Circuit Court: CV-23-59; CL-2024-0288). (Ala. 2025). “Background Matthews was charged with two counts of custodial sexual misconduct, violations of § 14-11-31, Ala. Code 1975, after having two sexual encounters with an inmate while she was employed as a prison guard at St.”
State v. Solomon, 274 So. 3d 1017 (Ala. Crim. App. 2018). “For example, Alabama Code § 14-11-31 makes it unlawful for jailers or correctional officers or probation officers to have sex with people under their care and supervision.”
State v. Solomon, 274 So. 3d 1017 (Ala. Crim. App. 2018). “For example, Alabama Code § 14-11-31 makes it unlawful for jailers or correctional officers or probation officers to have sex with people under their care and supervision.”
Goodson v. Poe (N.D. Ala. 2020). “CODE § 14-11-31 (1975), which prohibits municipal employees from engaging in sexual conduct with a person who is in the custody of a municipal jail.”
Wiggins v. James Ward (S.D. Ala. 2025). “Ward moved her to Escambia County 3 Smith has since been indicted for, among other charges, having violated “The Prison Rape Elimination Act” and Alabama Code Section 14-11-31. The charges are for his sexual assault of Wiggins.”
David Walton v. Ashley Nehls (7th Cir. 2025). “23-1207 17 Appendix In 26 states plus the District of Columbia, statutes make it a criminal offense for prison officials to engage in sexual ac- tivity with prisoners and explicitly state that consent is not an affirmative defense: State Relevant Statute Alabama Ala.”
— Ala. Code § 14-11-31(d) — 2 cases
Briana Marquise Matthews v. State of Alabama (Appeal from St. Clair Circuit Court: CC-21-204; Crim. Appeals: CR-2024-0308). (Ala. 2025). “Background Matthews was charged with two counts of custodial sexual misconduct, violations of § 14-11-31, Ala. Code 1975, after having two sexual encounters with an inmate while she was employed as a prison guard at St.”
Briana Marquise Matthews v. State of Alabama (Appeal from St. Clair Circuit Court: CV-23-59; CL-2024-0288). (Ala. 2025). “Background Matthews was charged with two counts of custodial sexual misconduct, violations of § 14-11-31, Ala. Code 1975, after having two sexual encounters with an inmate while she was employed as a prison guard at St.”
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