The bill introduced as HB125 aims to amend the Code of Alabama 1975 by adding Article 4B to Chapter 6 of Title 13A, specifically commencing with Section 13A-6-85. This legislation makes it illegal for members of the clergy to engage in sexual acts with individuals under 19 years of age or protected persons under 22 years of age under certain circumstances. The bill defines the terms "child" and "clergy member" for the purposes of the new article, with a clergy member being someone in a position of trust or authority over the child, including ministers, pastors, priests, rabbis, or other religious practitioners.

The bill outlines several unlawful acts, including sexual intercourse, sodomy, and sexual contact by clergy members with a child, stating that consent is not a defense. It also criminalizes the distribution or transmission of obscene material to a child by a clergy member, as well as soliciting a child to transmit such material. Violations of these provisions are classified as Class B or Class C felonies. The bill specifies that despite the potential requirement of new or increased local funds, it is excluded from further requirements under Section 111.05 of the Constitution of Alabama of 2022 because it defines a new crime or amends an existing one. The act is set to become effective immediately upon enactment. The Senate passed the bill on April 25, 2024.

Statutes affected:
Introduced: 13A-6-85
Engrossed: 13A-6-85
Enrolled: 13A-6-85