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SB17 INTRODUCED
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SB17
I3P7CZW-1
By Senators Weaver, Livingston, Gudger, Price, Bell, Elliott,
Kelley, Roberts, Hovey, Jones, Allen, Chambliss, Waggoner,
Butler, Chesteen, Givhan, Orr, Sessions, Williams, Barfoot,
Woods, Shelnutt, Carnley, Kitchens
RFD: Judiciary
First Read: 13-Jan-26
PFD: 28-Aug-25
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I3P7CZW-1 08/07/2025 THR (L)ma 2025-2430
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PFD: 28-Aug-25
SYNOPSIS:
Under existing law, rape in the first degree,
sodomy in the first degree, and sexual torture are
Class A felonies.
This bill would provide that rape in the first
degree, sodomy in the first degree, and sexual torture
are capital offenses when the victim is less than 12
years of age.
This bill would also provide that a person
convicted of rape in the first degree, sodomy in the
first degree, or sexual torture and sentenced to life
imprisonment must serve a minimum of 30 years in prison
prior to being considered for parole.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-5-40, 13A-6-61, 13A-6-63, and 13A-6-65.1, Code of Alabama
1975; to revise the criminal penalties for violations of rape
in the first degree, sodomy in the first degree, and sexual
torture when the victim is less than 12 years of age.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the "Child Predator Death Penalty Act."
Section 2. Sections 13A-5-40, 13A-6-61, 13A-6-63, and
13A-6-65.1, Code of Alabama 1975, are amended to read as
follows:
"§13A-5-40
(a) The following are capital offenses:
(1) Murder by the defendant during a kidnapping in the
first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the
first degree or an attempt thereof committed by the defendant.
(3) Murder by the defendant during a rape in the first
or second degree or an attempt thereof committed by the
defendant; or murder by the defendant during sodomy in the
first or second degree or an attempt thereof committed by the
defendant.
(4) Murder by the defendant during a burglary in the
first or second degree or an attempt thereof committed by the
defendant.
(5) Murder of any police officer, sheriff, deputy,
state trooper, federal law enforcement officer, or any other
state or federal peace officer of any kind, or prison or jail
guard, while the officer or guard is on duty, regardless of
whether the defendant knew or should have known the victim was
an officer or guard on duty, or because of some official or
job-related act or performance of the officer or guard.
(6) Murder committed while the defendant is under
sentence of life imprisonment.
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sentence of life imprisonment.
(7) Murder done for a pecuniary or other valuable
consideration or pursuant to a contract or for hire.
(8) Murder by the defendant during sexual abuse in the
first or second degree or an attempt thereof committed by the
defendant.
(9) Murder by the defendant during arson in the first
or second degree committed by the defendant; or murder by the
defendant by means of explosives or explosion.
(10) Murder wherein two or more persons are murdered by
the defendant by one act or pursuant to one scheme or course
of conduct.
(11) Murder by the defendant when the victim is a state
or federal public official or former public official and the
murder stems from or, is caused by , or is related to his or
her official position, act, or capacity.
(12) Murder by the defendant during the act of
unlawfully assuming control of any aircraft by use of threats
or force with intent to obtain any valuable consideration for
the release of the aircraft or any passenger or crewmen
crewmember thereon, to direct the route or movement of the
aircraft, or otherwise exert control over the aircraft.
(13) Murder by a defendant who has been convicted of
any other murder in the 20 years preceding the crime;
provided , that the murder which that constitutes the capital
crime shall be murder as defined in subsection (b); and
provided further that the prior murder conviction referred to
shall include murder in any degree as defined at the time and
place of the prior conviction.
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place of the prior conviction.
(14) Murder when the victim is subpoenaed, or has been
subpoenaed, to testify, or the victim had testified, in any
preliminary hearing, grand jury proceeding, criminal trial or
criminal proceeding of whatever nature, or civil trial or
civil proceeding of whatever nature, in any municipal, state,
or federal court, when the murder stems from, is caused by, or
is related to the capacity or role of the victim as a witness.
(15) Murder when the victim is less than fourteen 14
years of age.
(16) Murder committed by or through the use of a deadly
weapon fired or otherwise used from outside a dwelling while
the victim is in a dwelling.
(17) Murder committed by or through the use of a deadly
weapon while the victim is in a vehicle.
(18) Murder committed by or through the use of a deadly
weapon fired or otherwise used within or from a vehicle.
(19) Murder by the defendant where a court had issued a
protective order for the victim, against the defendant,
pursuant to Section 30-5-1 et seq. Chapter 5 of Title 30 , or
the protective order was issued as a condition of the
defendant's pretrial release.
(20) Murder by the defendant in the presence of a child
under the age of 14 years of age at the time of the offense,
if the victim was the parent or legal guardian of the child.
For purposes of this subsection, "in the presence of a child"
means in the physical presence of a child or having knowledge
that a child is present and may see or hear the act.
(21) Murder when the victim is a first responder who is
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(21) Murder when the victim is a first responder who is
operating in an official capacity. For the purposes of this
subdivision, "first responder " includes emergency medical
services personnel licensed by the Alabama Department of
Public Health and firefighters and volunteer firefighters as
defined by Section 36-32-1.
(22) Rape in the first degree when the victim is less
than 12 years of age.
(23) Sodomy in the first degree when the victim is less
than 12 years of age.
(24) Sexual torture when the victim is less than 12
years of age.
(b) Except as specifically provided to the contrary in
the last part of subdivision (a)(13), the terms "murder" and
"murder by the defendant" as used in this section to define
capital offenses mean murder as defined in Section
13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and
(3). Subject to the provisions of Section 13A-5-41, murder as
defined in Section 13A-6-2(a)(2) and (3), as well as murder as
defined in Section 13A-6-2(a)(1), may be a lesser included
offense of the capital offenses defined in subsection (a).
(c) A defendant who does not personally commit the act
of killing which constitutes the murder is not guilty of a
capital offense defined in subsection (a) unless that
defendant is legally accountable for the murder because of
complicity in the murder itself under the provisions of
Section 13A-2-23, in addition to being guilty of the other
elements of the capital offense as defined in subsection (a).
(d) To the extent that a crime other than murder is an
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(d) To the extent that a crime other than murder is an
element of a capital offense defined in subsection (a), a
defendant's guilt of that other crime may also be established
under Section 13A-2-23. When the defendant's guilt of that
other crime is established under Section 13A-2-23, that crime
shall be deemed to have been "committed by the defendant"
within the meaning of that phrase as it is used in subsection
(a)."
"§13A-6-61
(a) A person commits the crime of rape in the first
degree if he or she does any of the following:
(1) Engages in sexual intercourse with another person
by forcible compulsion.
(2) Engages in sexual intercourse with another person
who is incapable of consent by reason of being incapacitated.
(3) Being 16 years old of age or older, engages in
sexual intercourse with another person who is less than 12
years oldof age .
(b) Rape in the first degree is a Class A felony ;
provided, that the punishment for a violation of subdivision
(a)(3) shall be as determined and fixed as provided in Article
2 of Chapter 5 . Any defendant sentenced to life imprisonment
on a capital offense must serve a minimum of 30 years, day for
day, prior to his or her first consideration of parole. "
"§13A-6-63
(a) A person commits the crime of sodomy in the first
degree if he or she does any of the following:
(1) Engages in sodomy with another person by forcible
compulsion.
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compulsion.
(2) Engages in sodomy with another person who is
incapable of consent by reason of being incapacitated.
(3) Being 16 years old of age or older, engages in
sodomy with a person who is less than 12 years oldof age .
(b) Sodomy in the first degree is a Class A felony ;
provided, that the punishment for a violation of subdivision
(a)(3) shall be as determined and fixed as provided in Article
2 of Chapter 5 . Any defendant sentenced to life imprisonment
on a capital offense must serve a minimum of 30 years, day for
day, prior to his or her first consideration of parole. "
"§13A-6-65.1
(a) A person commits the crime of sexual torture if he
or she does any of the following:
(1) Penetrates the vagina, anus, or mouth of another
person with an inanimate object, by forcible compulsion, with
the intent to sexually torture, sexually abuse, or to gratify
the sexual desire of either party.
(2) Penetrates the vagina, anus, or mouth of a person
who is incapable of consent by reason of being incapacitated,
with an inanimate object, with the intent to sexually torture,
sexually abuse, or to gratify the sexual desire of either
party.
(3) Penetrates the vagina, anus, or mouth of a person
who is less than 12 years oldof age , with an inanimate object,
by a person who is 16 years old of age or older with the
intent to sexually torture, sexually abuse, or to gratify the
sexual desire of either party.
(4) By inflicting physical injury, including, but not
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(4) By inflicting physical injury, including, but not
limited to, burning, crushing, wounding, mutilating, or
assaulting the sex organs or intimate parts of another person,
with the intent to sexually torture, sexually abuse, or to
gratify the sexual desire of either party.
(b) The crime of sexual torture is a Class A felony ;
provided, that the punishment for a violation of subdivision
(a)(3) shall be as determined and fixed as provided in Article
2 of Chapter 5 . Any defendant sentenced to life imprisonment
on a capital offense must serve a minimum of 30 years, day for
day, prior to his or her first consideration of parole. "
Section 3. This act shall become effective on October
1, 2026.
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