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Legal Statutes: Alabama

UPDATED July 16, 2013

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Article 4. Sexual Offenses

back to topSection 13A-6-62. Rape in the second degree

(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.

(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.

(b) Rape in the second degree is a Class B felony.
(Acts 1977, No. 607, p. 812, § 2311; Acts 1979, No. 79-471, p. 862, § 1; Acts 1987, No. 87-607, p. 1056, § 2; Act 2000-726, p. 1557, § 1.)