In this article
Second-degree sodomy in Alabama is a specific criminal offense, not a general description of a relationship. The age-based provision in §13A-6-64 addresses defined conduct, the age of each person, and a minimum age difference. Understanding those separate requirements is the starting point for reading a charge or asking informed questions about one.
The legal terminology can feel unfamiliar or upsetting. You do not need to repeat intimate details to understand the structure of the law. What matters first is the section charged, the dates involved, and which elements are alleged.
What the age-based provision requires
The published text of Alabama Code §13A-6-64 describes a person sixteen or older engaging in the defined conduct with someone twelve or older but under sixteen, when the older person is at least two years older. The section classifies the offense as a Class B felony.
These are cumulative conditions. The prosecution must establish the required elements; a relationship label cannot replace them. The Alabama judiciary's pattern jury instructions provide a useful official reference for understanding how the age-based allegation is presented to a jury.
| Part of the allegation | Information that needs checking |
|---|---|
| Defined conduct | Whether the alleged act falls within the applicable definition |
| Older person's age | Age on the alleged event date |
| Younger person's age | The relevant statutory age band on that date |
| Relative age difference | Full birth dates, rather than rounded ages |
| Applicable legal version | The law governing the alleged event |
A missing element matters to that charge. It does not automatically answer whether some other offense could apply to the same events.
What does the statutory term mean?
The offense uses a definition tied to particular sexual acts. It should not be confused with sexual intercourse as used in a different provision, with sexual contact, or with ordinary dating. Those distinctions explain why an indictment may name one offense rather than another even when the ages are the same.
You may also encounter older terminology when researching the subject. A historical case, an old code edition, and a current jury instruction may use different wording. That is a reason to check dates and definitions carefully, not to assume the materials describe identical legal rules.
This article concerns an age-based offense. It should not be read as a claim that private, consensual adult relationships are categorically prohibited. Questions about force, incapacity, children, and adult private conduct involve different legal issues.
Why “two years apart” needs a calendar
Whole-number ages are a rough description. They do not give the elapsed difference between two dates of birth. Two people described as sixteen and fourteen might be less than two full years apart or more than two full years apart.
Consider two fictional birth dates: March 10, 2010, and March 11, 2012. The difference is two years and one day. Changing the second date to March 9, 2012, makes it two days shorter. Those small changes matter when a statute uses an exact boundary.
This example explains date arithmetic only. It does not decide whether any real conduct is lawful. The age of each person at the alleged event and every other required element still need review. Our age-gap calculation guide explains how to build that timeline without rounding.
Consent and parental approval answer different questions
In an age-based offense, a statement that the younger person agreed does not necessarily create a legal defense. The published Alabama instructions explain that consent does not defeat the age-based second-degree offense they address.
Parental approval is another separate issue. A parent allowing a social relationship does not rewrite a criminal statute. Conversely, a parent's objection does not establish that every element of an offense occurred. A report, a charge, and a conviction are different stages with different legal requirements.
That distinction helps families have a more useful conversation. Instead of asking whether a parent “approved the relationship,” begin with what conduct is alleged and what the applicable provision requires. See our guide to parental permission and underage relationships for that broader question.
What a Class B felony label does and does not tell you
The classification establishes the seriousness of the offense. It does not identify an individual sentence, resolve defenses, establish guilt, or settle registration obligations. Those subjects require additional law and case-specific information.
A person reading an online penalty range should ask which sentencing provision it comes from, whether enhancements or prior convictions matter, and whether the description matches the current charge. Registry consequences also need separate review rather than an assumption based on the felony letter alone.
For a broader explanation, our guide to felony and misdemeanor classifications separates the offense's legal category from the final outcome of a case.
Reading paperwork without drawing the wrong conclusion
If you have an indictment, complaint, or hearing notice, keep the complete document. A screenshot of the offense name can omit the subsection, alleged date range, or other counts. Those missing details may be central to understanding what is actually being alleged.
Write down questions before a legal consultation. Ask which elements are disputed, which statutory version applies, whether the age difference has been calculated correctly, and what the next court date requires. If more than one event is alleged, ask whether the events require separate age calculations.
Do not assume an online explanation means a hearing can be ignored or a contact restriction can be disregarded. Administrative deadlines and court conditions continue to matter while the underlying allegation is being reviewed.
Common questions
Does being under eighteen prevent someone from being charged?
Not automatically. The age-based provision discussed here begins with an actor age of sixteen. The applicable process and any other legal questions still require individual review.
Is second degree just a less serious name for first degree?
No. Degrees identify different statutory requirements. The offense elements, rather than the everyday meaning of “first” or “second,” explain the distinction.
Does falling below the two-year gap settle every legal issue?
No. It addresses one element of this provision. Other alleged acts or offenses require their own analysis.
Sources and further reading
- Alabama judiciary: criminal pattern jury instructions, including §13A-6-64
- Alabama Code §13A-6-64, statutory text reproduced by Justia