This 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. The new legal language specifically identifies "rape in the first degree when the victim is less than 12 years of age" and "sodomy in the first degree when the victim is less than 12 years of age" as capital offenses, reflecting a commitment to addressing the severity of crimes against young victims. Additionally, the bill includes several clarifications in existing laws, such as replacing "the age of 14 years" with "14 years of age" for consistency and modifying the definition of "in the presence of a child" to encompass both physical presence and knowledge of a child's presence during the commission of a crime.

Moreover, the bill introduces further amendments to strengthen legal protections for law enforcement and first responders. It specifies that individuals aged 16 or older who engage in sexual acts with someone under 12 years old will be charged with a Class A felony. It also mandates that defendants sentenced to life for a capital offense must serve a minimum of 30 years before being eligible for parole. The definition of victims in capital offenses is expanded to include police officers, federal law enforcement officers, and first responders, emphasizing the seriousness of crimes against these individuals. The bill is scheduled to take effect on October 1, 2025, following its passage in the House of Representatives.

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