The Age of Consent
Ala. Code § 13A-6-70 — sixteen, with a two year gap before it is rape
A person less than 16 years old is deemed incapable of consent. A person 16 or older who has sexual intercourse with someone 12 or older but under 16 commits rape in the second degree, a Class B felony, when the actor is at least two years older.
Who handles this in Alabama: Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
A relationship, past or present, is not consent on its own. Younger children, other degrees and registration are in other sections not covered here. A charge, or the worry of one, is a question for a licensed Alabama attorney.
Sources for this section (2)
- Ala. Code § 13A-6-70 — Lack of Consent
- Ala. Code § 13A-6-62 — Rape in the Second Degree
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.