Asked in Juvenile Law and Criminal Law for Alabama

Q: Can a 24 year old get in trouble for talking to a 17 year old?

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1 Lawyer Answer

A: Talking to??? You mean having sex with, don't you?

Here is the statute:

Alabama Age Of Consent Law:

13A-6-70: (c) A person is deemed incapable of consent if he is: (1) Less than 16 years old...

13A-6-67 : (a) A person commits the crime of sexual abuse in the second degree if: ...

(2) He, being 19 years old or older, subjects another person to sexual intercourse who is less than 16 years old, but more than 12 years old.

13A-6-62 (a) A person commits the crime of rape in the second degree if: ...

(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.

13A-6-64 : (a) A person commits the crime of sodomy in the second degree if: ...

(1) He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old.

13A-6-81 : A person commits the crime of a school employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 years if:

(a) He or she is a school employee and engages in a sex act or deviant sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

(b) As used in this section, sex act means sexual intercourse with any penetration, however slight; emission is not required.

(c) As used in this section, deviant sexual intercourse means any 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.

(d) The crime of a school employee engaging in a sex act or deviant sexual intercourse with a student is a Class B felony.

13A-6-82 : A person commits the crime of a school employee having sexual intercourse with a student under the age of 19 years if:

(a) He or she is a school employee and engaging in sexual intercourse with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section.

(b) As used in this section, sexual intercourse means any touching of the sexual or other intimate parts of a student, done for the purpose of gratifying the sexual desire of either party. The term includes soliciting or harassing a student to perform a sex act.

(c) The crime of a school employee having sexual intercourse with a student is a Class A misdemeanor.

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