HB605 Alabama 2012 Session

Under existing law, a person commits the crime of sexual misconduct if he or she engages in sexual intercourse or deviate sexual intercourse with another person without his or her consent under circumstances other than those circumstances covered by the rape and sodomy laws or with his or her consent where consent was obtained by use of fraud or artifice

This bill would create the crime of sexual misconduct in the first degree for persons under the age of 16 engaging in sexual intercourse with juveniles less than sixteen years of age if the suspect is more than two years older than the victim

This bill would make sexual misconduct in the first degree a Class C felony but would not require a person convicted of this crime to register as a sex offender. A second or subsequent offense of sexual misconduct in the first degree is a Class B felony and the offender would be required to register as a sex offender

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To create the crime of sexual misconduct in the first degree; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.