SB81INTRODUCED
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SB81
EMBH2C2-1
By Senators Kelley, Beasley, Kitchens
RFD: Judiciary
First Read: 04-Feb-25
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5 EMBH2C2-1 01/08/2025 CNB (L)bm 2024-2319
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First Read: 04-Feb-25
SYNOPSIS:
Under existing law, it is unlawful for certain
employees to engage in sexual conduct with a person in
the custody of the Department of Corrections, the
Department of Youth Services, a sheriff, a county, or a
municipality.
This bill would make it unlawful for any person
who has access to a person in custody by virtue of his
or her profession to engage in sexual conduct with a
person in the custody of the Department of Corrections,
the Department of Youth Services, a sheriff, a county,
or a municipality .
A BILL
TO BE ENTITLED
AN ACT
Relating to custodial sexual misconduct; to amend
Section 14-11-31, Code of Alabama 1975, to prohibit any person
who has access to a person in custody by virtue of his or her
profession to engage in sexual conduct with a person who is in
the custody of the Department of Corrections, the Department
of Youth Services, a sheriff, a county, or a municipality.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 14-11-31, Code of Alabama 1975, is
amended to read as follows:
"ยง14-11-31
(a) It shall be unlawful for any person who has access
to a person in custody by virtue of his or her profession or
any employee to engage in sexual conduct with a person who is
in the custody of the Department of Corrections, the
Department of Youth Services, a sheriff, a county, or a
municipality.
(b) It shall be unlawful for any probation or parole
officer to engage in sexual conduct with a person who is under
the supervisory, disciplinary, or custodial authority of the
officer engaging in the sexual conduct with the person.
(c) Any person violating subsection (a) or (b) shall,
upon conviction, shall be guilty of custodial sexual
misconduct.
(d) Custodial sexual misconduct is a Class C felony.
(e) For purposes of this article, the consent of the
person in custody of the Department of Corrections, the
Department of Youth Services, a sheriff, a county, or a
municipality, or a person who is on probation or on parole,
shall not be a defense to a prosecution under this article."
Section 2. This act shall become effective on October
1, 2025.
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