The bill amends the Code of Alabama 1975 to enhance the criminal penalties for first-degree rape and first-degree sodomy when the victim is under the age of 12, classifying these offenses as capital crimes. This change aims to reflect the seriousness of such crimes against young victims. The bill also includes several modifications to existing legal language, such as replacing "the age of 14 years" with "14 years of age" for consistency and clarifying that the presence of a child during the commission of a capital offense includes both physical presence and knowledge of a child's potential awareness of the act.

Additionally, HB49 Engrossed expands the definition of victims in capital offenses to include police officers, federal law enforcement officers, and first responders, regardless of the defendant's knowledge of their status. It specifies that individuals aged 16 or older who engage in sexual acts with victims under 12 years of age will face enhanced penalties. The bill establishes that punishments for violations involving minors will follow specific guidelines and mandates a minimum of 30 years before parole eligibility for defendants sentenced to life for capital offenses. The new legal language includes the insertion of "age" in relevant sections and the removal of outdated phrasing regarding the age of consent, with the act set to take effect on October 1, 2025.

Statutes affected:
Introduced: 13A-5-40, 13A-5-49, 13A-6-61, 13A-6-63, 13A-6-65
Engrossed: 13A-5-40, 13A-5-49, 13A-6-61, 13A-6-63, 13A-6-65