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HB257 INTRODUCED
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HB257
MSY6LWH-1
By Representative Givens
RFD: Judiciary
First Read: 15-Jan-26
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MSY6LWH-1 01/13/2026 CMH (L)bm 2026-199
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First Read: 15-Jan-26
SYNOPSIS:
Under existing law, a person commits the crime
of indecent exposure if, with a sexual motivation, the
person exposes himself or herself to another in an
unwanted manner. The offense is a Class A misdemeanor,
but is increased to a Class C felony on a third
conviction.
This bill would provide that if the victim of
indecent exposure is under 12 years of age, the penalty
is a Class C felony.
Under existing law, directing a child under 12
years of age to engage in sexual intercourse or sodomy
is a Class A felony, and directing a child under 12
years of age to engage in sexual contact with another
is a Class B felony.
This bill would amend each of these crimes to
increase the age threshold for child victims.
Under existing law, transmitting obscene
material to a child by computer is a Class B felony.
This bill would provide that the crime of
transmitting obscene material to a child may be
committed using a cellular device or any other
electronic means. This bill would also provide that the
crime is committed if the defendant believed he or she
was transmitting the prohibited material to a child and
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was transmitting the prohibited material to a child and
that it is not a defense to prosecution that an
undercover operative or law enforcement officer was
posing as a child or involved in the detection and
investigation of an offense.
Under existing law, it is unlawful to travel to
meet a child for an unlawful sex act with the child.
This bill would provide that the crime is
committed if the defendant travels to commit an
unlawful sex act with a person he or she believes to be
a child.
This bill would delete an affirmative defense to
the crime of kidnapping in the first degree.
This bill would further define the term "sex
offense" to include voyeurism.
This bill would establish the crime of inpatient
custodial sexual misconduct, committed when an employee
of an inpatient or residential drug rehabilitation or
mental health facility solicits or engages in any
sexual conduct with a patient of the facility. This
bill would provide that consent is not a defense to the
crime. This bill would also establish criminal
penalties for a violation.
This bill would also make various conforming
revisions and nonsubstantive technical changes to
update code language to current style.
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A BILL
TO BE ENTITLED
AN ACT
Relating to criminal law and procedure; to amend
Sections 13A-6-43, 13A-6-44, 13A-6-68, 13A-6-111, 13A-6-124,
and 13A-6-243, Code of Alabama 1975, to further provide for
the affirmative defenses to offenses of kidnapping in the
first and second degrees; to expand the offenses of indecent
exposure, directing a child to engage in sexual intercourse or
sodomy, traveling to meet a child for an unlawful sex act, and
directing a child to engage in sexual contact to include
additional child victims; to further provide for the offense
of transmitting obscene material to a child by computer to
specify that the offense may be consummated if undercover
agents are involved; to amend Sections 15-20A-5 and 15-25-31,
Code of Alabama 1975, to further define the term "sex offense"
to include voyeurism; to further provide for the admissibility
of out-of-court statements made by children; to establish the
crime of inpatient custodial sexual misconduct and provide
criminal penalties for a violation; to amend Section
12-21-148, Code of Alabama 1975, to further provide for the
use of a certified facility dog in court proceedings; to amend
Sections 15-20A-6 and 15-20A-44, Code of Alabama 1975, to make
conforming changes; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-6-43, 13A-6-44, 13A-6-68,
13A-6-111, 13A-6-124, and 13A-6-243, Code of Alabama 1975, are
amended to read as follows:
"§13A-6-43
(a) A person commits the crime of kidnapping in the
first degree if he or she abducts another person with intent
to do any of the following:
(1) Hold him or her for ransom or reward ; or.
(2) Use him or her as a shield or hostage ; or.
(3) Accomplish or aid the commission of any felony or
flight therefrom ; or.
(4) Inflict physical injury upon him or her , or to
violate or abuse him or her sexually ; or.
(5) Terrorize him or her or a third person ; or.
(6) Interfere with the performance of any governmental
or political function.
(b) A person does not commit the crime of kidnapping in
the first degree if he voluntarily releases the victim alive,
and not suffering from serious physical injury, in a safe
place prior to apprehension. The burden of injecting the issue
of voluntary safe release is on the defendant, but this does
not shift the burden of proof. This subsection does not apply
to a prosecution for or preclude a conviction of kidnapping in
the second degree or any other crime.
(c)(b) Kidnapping in the first degree is a Class A
felony."
"§13A-6-44
(a) A person commits the crime of kidnapping in the
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(a) A person commits the crime of kidnapping in the
second degree if he or she abducts another person using, or
with the intent to use, deception, physical force, or deadly
physical force .
(b) A person does not commit a crime under this section
if:
(1) The abduction is not coupled with intent to use or
to threaten to use deadly force,
(2) The actor is a relative of the person abducted, and
(3) The (b)(1) It is an affirmative defense to a
violation of this section if the actor's sole purpose is to
assume lawful control of that person.
(2) The burden of injecting the issue of defense under
this subsection is on the defendant, but this does not shift
the burden of proof.
(c) Kidnapping in the second degree is a Class B
felony."
"§13A-6-68
(a) A person commits the crime of indecent exposure if,
with intent to arouse or gratify sexual desire of himself or
herself, or of any person other than his or her spouse, he or
she exposes his or her genitals under circumstances in which
he or she knows the conduct is likely to cause affront or
alarm.
(b)(1) Indecent exposure is a Class A misdemeanor
except a third or subsequent conviction shall be .
(2) Notwithstanding subdivision (1), indecent exposure
is a Class C felony under either of the following
circumstances:
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circumstances:
a. If any victim of the offense is under 12 years of
age.
b. If the person has two or more prior convictions
under this article. "
"§13A-6-111
(a) A person is guilty of transmitting obscene material
to a child if the person transmits to a child, or another
person believed by the defendant to be a child , by means of
any cellular device, online application, computer
communication system allowing the input, output, examination,
or transfer of computer programs from one computer to another,
or any other electronic means, material which, in whole or in
part, depicts actual or simulated nudity, sexual conduct, or
sadomasochistic abuse, for the purpose of initiating or
engaging in sexual acts sexual conduct pursuant to Section
13A-12-200.1, sexual performance, or a sex offense pursuant to
Section 15-20A-5 with the child.
(b) For the purposes of this section, a "child"
includes any person under 17 years of age.
(c) For purposes of determining jurisdiction, the
offense is committed in this state if the transmission that
constitutes the offense either originates in this state or is
received in this state and shall be considered to be committed
in any county in which any part of the crime took place or in
the county of residence of the victim or defendant .
(d) A person charged under this section shall be tried
as an adult and the record of the proceeding shall not be
sealed nor subject to expungement.
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sealed nor subject to expungement.
(e) It shall not be a defense to prosecution under this
section that an undercover operative or law enforcement
officer was involved in the detection and investigation of an
offense.
(f)(e) Transmitting obscene material of engaging in
sexual intercourse, sodomy, or to engage in a sexual
performance, obscene sexual performance, or sexual conduct for
his or her benefit to a child A violation of this section is a
Class B felony."
"§13A-6-124
(a) Any person who travels either within this state, to
this state, or from this state by any means, who attempts to
do so, or who knowingly causes another to do so or to attempt
to do so for the purpose of engaging in any unlawful sex act
with a child, or another person believed by the defendant to
be a child, including sexual intercourse, sodomy, a sexual
conduct pursuant to Section 13A-12-200.1, sexual performance,
obscene sexual performance, or other sexual conduct or a sex
offense pursuant to Section 15-20A-5 for his or her benefit or
for the benefit of another shall be guilty of traveling to
meet a child for an unlawful sex act.
(b) Any person who violates this section commits a
Class A felony. Notwithstanding any law to the contrary, a
conviction under this section shall be considered a criminal
sex offense under Section 15-20-21. "
"§13A-6-243
(a)(1) A person commits the crime of directing a child
to engage in sexual intercourse or sodomy if he or she
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to engage in sexual intercourse or sodomy if he or she
knowingly entices, allures, persuades, induces, or directs any
person under the age of 12 years of the following to engage in
sexual intercourse or sodomy with another person :
a. A child under 12 years of age .
b. A child 12 or more years of age, but less than 16
years of age, provided the child is two or more years younger
than the other person.
(2) Directing a child to engage in sexual intercourse
or sodomy is a Class A felony.
(b)(1) A person commits the crime of directing a child
to engage in sexual contact if he or she knowingly entices,
allures, persuades, induces, or directs any person under the
age of 12 years of the following to engage in sexual contact
with another person :
a. A child under 12 years of age .
b. A child 12 or more years of age, but less than 16
years of age, provided the child is two or more years younger
than the other person.
(2) A violation of this section Directing a child to
engage in sexual contact is a Class B felony."
Section 2. It shall not be a defense to prosecution
under Article 6 of Chapter 6 of Title 13A, Code of Alabama
1975, that an undercover operative or law enforcement officer
was involved in the detection and investigation of an offense.
Section 3. Sections 15-20A-5 and 15-25-31, Code of
Alabama 1975, are amended to read as follows:
"§15-20A-5
For the purposes of this chapter, a sex offense
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For the purposes of this chapter, a sex offense
includes any of the following offenses:
(1) Rape in the first degree, as provided by Section
13A-6-61.
(2) Rape in the second degree, as provided by Section
13A-6-62. A juvenile sex offender adjudicated delinquent of a
violation of rape in the second degree is presumed to be
exempt from this chapter after the juvenile has been counseled
on the dangers of the conduct for which he or she was
adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
(3) Sodomy in the first degree, as provided by Section
13A-6-63.
(4) Sodomy in the second degree, as provided by Section
13A-6-64. A juvenile sex offender adjudicated delinquent of a
violation of sodomy in the second degree is presumed to be
exempt from this chapter after the juvenile has been counseled
on the dangers of the conduct for which he or she was
adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
(5) Sexual misconduct, as provided by Section 13A-6-65,
provided that on a first conviction or adjudication the sex
offender is only subject to registration and verification
pursuant to this chapter. On a second or subsequent conviction
or adjudication of a sex offense, if the second or subsequent
conviction or adjudication does not arise out of the same set
of facts and circumstances as the first conviction or
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of facts and circumstances as the first conviction or
adjudication of a sex offense, the sex offender shall comply
with all requirements of this chapter. A juvenile sex offender
adjudicated delinquent of a violation of sexual misconduct is
presumed to be exempt from this chapter after the juvenile has
been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court
makes a determination that the juvenile sex offender is to be
subject to this chapter.
(6) Sexual torture, as provided by Section 13A-6-65.1.
(7) Sexual abuse in the first degree, as provided by
Section 13A-6-66.
(8) Sexual abuse in the second degree, as provided by
Section 13A-6-67.
(9) Indecent exposure, as provided by Section 13A-6-68,
provided that on a first conviction or adjudication of a sex
offense, the sex offender is only subject to registration and
verification pursuant to this chapter. On a second or
subsequent conviction or adjudication of a sex offense, if the
second or subsequent conviction or adjudication does not arise
out of the same set of facts and circumstances as the first
conviction or adjudication, the sex offender shall comply with
all requirements of this chapter. A juvenile sex offender
adjudicated of a violation of indecent exposure is presumed to
be exempt from this chapter after the juvenile has been
counseled on the dangers of the conduct for which he or she
was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
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to this chapter.
(10) Enticing a child to enter a vehicle, room, house,
office, or other place for immoral purposes, as provided by
Section 13A-6-69.
(11) Sexual abuse of a child less than 12 years old, as
provided by Section 13A-6-69.1.
(12) Promoting prostitution in the first degree, as
provided by Section 13A-12-111.
(13) Promoting prostitution in the second degree, as
provided by Section 13A-12-112.
(14) Violation of the Alabama Child Pornography Act, as
provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or
13A-12-197. A juvenile sex offender adjudicated delinquent of
a violation of the Alabama Child Pornography Act is presumed
to be exempt from this chapter after the juvenile has been
counseled on the dangers of the conduct for which he or she
was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
(15) Unlawful imprisonment in the first degree, as
provided by Section 13A-6-41, if the victim of the offense is
a minor, and the record of adjudication or conviction reflects
the intent of the unlawful imprisonment was to abuse the minor
sexually.
(16) Unlawful imprisonment in the second degree, as
provided by Section 13A-6-42, if the victim of the offense is
a minor, and the record of adjudication or conviction reflects
the intent of the unlawful imprisonment was to abuse the minor
sexually.
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sexually.
(17) Kidnapping in the first degree, as provided by
subdivision (4) of subsection (a) of Section 13A-6-43, if the
intent of the abduction is to violate or abuse the victim
sexually.
(18) Kidnapping of a minor, except by a parent,
guardian, or custodian, as provided by Section 13A-6-43 or
13A-6-44.
(19) Incest, as provided by Section 13A-13-3.
(20) Transmitting obscene material to a child by
computer, as provided by Section 13A-6-111.
(21) School employee engaging in a sex act or deviant
sexual intercourse with a student, or having sexual contact or
soliciting a sex act or sexual contact with a student, as
provided by Sections 13A-6-81 and 13A-6-82.
(22) Foster parent engaging in a sex act, having sexual
contact, or soliciting a sex act or sexual contact with a
foster child, as provided by Section 13A-6-71.
(23) Facilitating solicitation of unlawful sexual
conduct with a child, as provided by Section 13A-6-121.
(24) Electronic solicitation of a child, as provided by
Section 13A-6-122.
(25) Facilitating the on-line solicitation of a child,
as provided by Section 13A-6-123.
(26) Traveling to meet a child for an unlawful sex act,
as provided by Section 13A-6-124.
(27) Facilitating the travel of a child for an unlawful
sex act, as provided by Section 13A-6-125.
(28) Human trafficking in the first degree, as provided
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(28) Human trafficking in the first degree, as provided
by Section 13A-6-152, provided that the offense involves
sexual servitude.
(29) Human trafficking in the second degree, as
provided by Section 13A-6-153, provided that the offense
involves sexual servitude.
(30) Custodial sexual misconduct, as provided by
Section 14-11-31.
(31) Sexual extortion, as provided by Section
13A-6-241.
(32) Directing a child to engage in a sex act, as
provided in Section 13A-6-243.
(33) Voyeurism in the first degree, as provided in
Section 13A-11-41.
(33)(34) Any offense which is the same as or equivalent
to any offense set forth above as the same existed and was
defined under the laws of this state existing at the time of
such conviction, specifically including, but not limited to,
crime against nature, as provided by Section 13-1-110; rape,
as provided by Sections 13-1-130 and 13-1-131; carnal
knowledge of a woman or girl, as provided by Sections 13-1-132
through 13-1-135, or attempting to do so, as provided by
Section 13-1-136; indecent molestation of children, as defined
and provided by Section 13-1-113; indecent exposure, as
provided by Section 13-1-111; incest, as provided by Section
13-8-3; offenses relative to obscene prints and literature, as
provided by Sections 13-7-160 through 13-7-175, inclusive;
employing, harboring, procuring or using a girl over 10 and
under 18 years of age for the purpose of prostitution or
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under 18 years of age for the purpose of prostitution or
sexual intercourse, as provided by Section 13-7-1; seduction,
as defined and provided by Section 13-1-112; a male person
peeping into a room occupied by a female, as provided by
Section 13-6-6; assault with intent to ravish, as provided by
Section 13-1-46; and soliciting a child by computer, as
provided by Section 13A-6-110.
(34)(35) Any solicitation, attempt, or conspiracy to
commit any of the offenses listed in subdivisions (1) to
(33)(34), inclusive.
(35)(36) Any crime committed in Alabama or any other
state, the District of Columbia, any United States territory,
or a federal, military, Indian, or foreign country
jurisdiction which, if it had been committed in this state
under the current provisions of law, would constitute an
offense listed in subdivisions (1) to (34)(35), inclusive.
(36)(37) Any offense specified by Title I of the
federal Adam Walsh Child Protection and Safety Act of 2006
(Pub. L. 109-248, the Sex Offender Registration and
Notification Act (SORNA)).
(37)(38) Any crime committed in another state, the
District of Columbia, any United States territory, or a
federal, military, Indian, or foreign country jurisdiction if
that jurisdiction also requires that anyone convicted of that
crime register as a sex offender in that jurisdiction.
(38)(39) Any offender determined in any jurisdiction to
be a sex offender shall be considered a sex offender in this
state.
(39)(40) The foregoing notwithstanding, any crime
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(39)(40) The foregoing notwithstanding, any crime
committed in any jurisdiction which, irrespective of the
specific description or statutory elements thereof, is in any
way characterized or known as rape, carnal knowledge, sodomy,
sexual assault, sexual battery, criminal sexual conduct,
criminal sexual contact, sexual abuse, continuous sexual
abuse, sexual torture, solicitation of a child, enticing or
luring a child, child pornography, lewd and lascivious
conduct, taking indecent liberties with a child, molestation
of a child, criminal sexual misconduct, video voyeurism, or
there has been a finding of sexual motivation.
(40)(41) Any crime not listed in this section wherein
the underlying felony is an element of the offense and listed
in subdivisions (1) to (39)(40), inclusive.
(41)(42) Any other offense not provided for in this
section wherein there is a finding of sexual motivation as
provided by Section 15-20A-6."
"§15-25-31
An out-of-court statement made by a witness or a victim
who is a child under 12 16 years of age at the time the
statement is made, or by a protected person as defined in
Section 15-25-1, concerning an act that is a material element
of any crime involving a physical offense, sexual offense, or
violent offense, as defined in Section 15-25-39, which
statement is not otherwise admissible in evidence, is
admissible in evidence in criminal any court proceedings, if
the requirements of Section 15-25-32 are met. "
Section 4. (a) As used in this section, the following
terms have the following meanings:
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terms have the following meanings:
(1) EMPLOYEE. Any individual who is an employee,
contractual employee, or volunteer at an inpatient or
residential drug rehabilitation or mental health facility and
who has the responsibility for the care, treatment, control,
or supervision of patients in the facility.
(2) SEXUAL CONDUCT. The term as defined in Section
14-11-30, Code of Alabama 1975.
(b) A person commits the crime of inpatient custodial
sexual misconduct if the person is an employee and solicits or
engages in sexual conduct with any other person who is a
patient in or committed to an inpatient or residential drug
rehabilitation or mental health facility.
(c) A violation of this section is a Class C felony.
(d)(1) It is the public policy of the state to prohibit
without exception all inpatient and residential custodial
sexual misconduct.
(2) For purposes of prosecution under this section,
consent is not a defense and the issue of whether a patient in
an inpatient or residential drug rehabilitation or mental
health facility consented to any sexual conduct is immaterial.
Section 5. Sections 12-21-148, 15-20A-6, and 15-20A-44,
Code of Alabama 1975, are amended to make conforming changes
as follows:
"§12-21-148
(a) For the purposes of this section, the following
terms shall have the following meanings:
(1) CERTIFIED FACILITY DOG. A trained working dog that
is a graduate of an assistance dog organization, a nonprofit
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is a graduate of an assistance dog organization, a nonprofit
organization that sets standards of training for the health,
welfare, task work, and oversight for assistance dogs and
their handlers, and shall have at a minimum all of the
following:
a. Two years of training and must have passed the same
public-access test as a service dog.
b. Documentation showing that the certified facility
dog has graduated from an assistance dog organization.
c. A current annual certificate of health from an
Alabama veterinarian.
d. Proof of liability insurance in the minimum amount
of five hundred thousand dollars ($500,000).
(2) CERTIFIED HANDLER. A certified handler who has
received training from an assistance dog organization and has
received training on the protocols and policies of legal
proceedings and the role of the certified facility dog and
certified handler to assure there is no interference with the
collection of evidence and testimony, or the administration of
justice.
(b) In a legal proceeding, to reduce the stress of a
witness and to enhance the ability of the court to obtain full
and accurate testimony, the court may allow a certified
facility dog to accompany a victim or witness while
testifying, or in other court proceedings, if a certified
facility dog is available.
(c) If the court, in its sole discretion, grants the
use of a certified facility dog, and a jury has been empaneled
in the legal proceeding, the certified facility dog shall be
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in the legal proceeding, the certified facility dog shall be
accompanied by the certified handler to the witness stand with
the witness outside of the presence of the jury, and the
certified handler shall return to his or her position in the
courtroom within view of the witness stand. Subsequently , the
jury shall be seated and the court shall instruct the jury on
the presence of the certified facility dog and that the
presence of a certified facility dog should not create any
prejudice to any party.
(d) During trial proceedings, all precautions should be
taken to obscure the presence of the dog from the jury.
(e) Markings identifying the dog as a certified
facility dog while working must be visible.
(f) Subject to the Alabama Rules of Criminal Procedure,
if requested by either party in a legal proceeding, the court
may examine and confirm the credentials of the certified
facility dog and certified handler.
(g) Prior to the use of a certified facility dog in a
court proceeding , the state or moving party must file a notice
of intent to use the registered therapy certified facility
dog."
"§15-20A-6
(a)(1) The indictment, count in the indictment,
information, complaint , or warrant charging the offense may
include a specification of sexual motivation or the
prosecuting attorney may file an allegation of sexual
motivation in any criminal case classified as a felony or
Class A misdemeanor if sufficient admissible evidence exists
that would justify a finding of sexual motivation by a
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that would justify a finding of sexual motivation by a
reasonable and objective finder of fact.
(2) If a specification is included in the indictment,
count in the indictment, information, complaint, or warrant
charging the offense , the specification shall be stated at the
end of the body of the indictment, count in the indictment,
information, complaint, or warrant and shall be in
substantially the following form: "SPECIFICATION or
SPECIFICATION TO THE FIRST COUNT. The Grand Jurors (or insert
appropriate name) further find and specify that the offender
committed the offense with a sexual motivation."
(3) If the prosecuting attorney files an allegation of
sexual motivation, it shall be filed within a reasonable time
after indictment to give sufficient notice to the defendant.
(b) If the indictment, count of the indictment,
information, complaint, or warrant charging the offense
includes a specification of sexual motivation or if the
prosecuting attorney files an allegation of sexual motivation,
the state shall prove beyond a reasonable doubt that the
defendant committed the offense with a sexual motivation.
(c) The court shall make a written finding of fact, to
be made part of the record upon conviction or adjudication as
a youthful offender, of whether or not a sexual motivation was
present at the time of the commission of the offense unless
the defendant has a trial by jury.
(d) If a defendant has a trial by jury, the jury, if it
finds the defendant guilty, shall also find a special verdict
as to whether or not the defendant committed the crime with a
sexual motivation.
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sexual motivation.
(e) If there is a finding of sexual motivation, the
finding shall be made part of the record of conviction or
adjudication.
(f) For purposes of this section, sexual motivation
means that one of the purposes for which the defendant
committed the crime was for the purpose of the sexual
gratification of the defendant.
(g) This section shall not apply to sex offenses as
defined in subdivisions (1) to (40)(41), inclusive, of Section
15-20A-5."
"§15-20A-44
(a) The Secretary of the Alabama State Law Enforcement
Agency shall adopt rules establishing an administrative
hearing for persons who are only made subject to this chapter
pursuant to subdivision (35)(36) of Section 15-20A-5.
(b) The Secretary of the Alabama State Law Enforcement
Agency shall adopt rules setting forth a listing of offenses
from other jurisdictions that are to be considered criminal
sex offenses under subdivision (35)(36) of Section 15-20A-5.
Thereafter, any individual convicted of any offense set forth
in the listing shall immediately be subject to this chapter
and shall not be entitled to an administrative hearing as
provided in subsection (a).
(c) The Secretary of the Alabama State Law Enforcement
Agency may adopt any rules as are necessary to implement and
enforce this chapter."
Section 6. This act shall become effective on October
1, 2026.
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