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Alabama Legislature· HB41Enacted

Crimes and offenses; rape in the first degree, sodomy in the first degree, and sexual torture, penalties further provided for, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Alabama Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the enrolled version. The official bill page.
HB41 ENROLLED

 1 HB41
 2 V7WD4PP-2
 3 By Representatives Simpson, Ledbetter, Whitt, Garrett, Lee,
 4 Marques, Reynolds, Blackshear, Hulsey, Hammett, Lovvorn,
 5 Underwood, Crawford, Paramore, Easterbrook, Brinyark,
 6 Yarbrough, Shaver, DuBose, Ingram, Lamb, Carns, Stringer,
 7 Treadaway, Bedsole, Butler, Wilcox, Oliver, Ross, Mooney,
 8 Sells, Robertson, Shirey, Bolton, Givens, Colvin, Standridge,
 9 Wood (R), Kiel, Stubbs, Paschal, Brown, Robbins, Stadthagen,
10 Estes, Rigsby, Shaw, Hurst, Starnes, Holk-Jones, Kirkland,
11 Gidley
12 RFD: Judiciary
13 First Read: 13-Jan-26
14 PFD: 28-Aug-25

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1 Enrolled, An Act,

2   Relating to crimes and offenses; to amend Sections

3 13A-5-40, 13A-6-61, 13A-6-63, and 13A-6-65.1, Code of Alabama

4 1975; to revise the criminal penalties for violations of rape

5 in the first degree, sodomy in the first degree, and sexual

6 torture when the victim is less than 12 years of age.

7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

8   Section 1. This act shall be known and may be cited as

9 the "Child Predator Death Penalty Act."

10  Section 2. Sections 13A-5-40, 13A-6-61, 13A-6-63, and

11 13A-6-65.1, Code of Alabama 1975, are amended to read as

12 follows:

13  "§13A-5-40

14  (a) The following are capital offenses:

15  (1) Murder by the defendant during a kidnapping in the

16 first degree or an attempt thereof committed by the defendant.

17  (2) Murder by the defendant during a robbery in the

18 first degree or an attempt thereof committed by the defendant.

19  (3) Murder by the defendant during a rape in the first

20 or second degree or an attempt thereof committed by the

21 defendant; or murder by the defendant during sodomy in the

22 first or second degree or an attempt thereof committed by the

23 defendant.

24  (4) Murder by the defendant during a burglary in the

25 first or second degree or an attempt thereof committed by the

26 defendant.

27  (5) Murder of any police officer, sheriff, deputy,

28 state trooper, federal law enforcement officer, or any other

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29 state or federal peace officer of any kind, or prison or jail

30 guard, while the officer or guard is on duty, regardless of

31 whether the defendant knew or should have known the victim was

32 an officer or guard on duty, or because of some official or

33 job-related act or performance of the officer or guard.

34  (6) Murder committed while the defendant is under

35 sentence of life imprisonment.

36  (7) Murder done for a pecuniary or other valuable

37 consideration or pursuant to a contract or for hire.

38  (8) Murder by the defendant during sexual abuse in the

39 first or second degree or an attempt thereof committed by the

40 defendant.

41  (9) Murder by the defendant during arson in the first

42 or second degree committed by the defendant; or murder by the

43 defendant by means of explosives or explosion.

44  (10) Murder wherein two or more persons are murdered by

45 the defendant by one act or pursuant to one scheme or course

46 of conduct.

47  (11) Murder by the defendant when the victim is a state

48 or federal public official or former public official and the

49 murder stems from or, is caused by, or is related to his or

50 her official position, act, or capacity.

51  (12) Murder by the defendant during the act of

52 unlawfully assuming control of any aircraft by use of threats

53 or force with intent to obtain any valuable consideration for

54 the release of the aircraft or any passenger or crewmen

55 crewmember thereon, to direct the route or movement of the

56 aircraft, or otherwise exert control over the aircraft.

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57  (13) Murder by a defendant who has been convicted of

58 any other murder in the 20 years preceding the crime;

59 provided, that the murder which that constitutes the capital

60 crime shall be murder as defined in subsection (b); and

61 provided further that the prior murder conviction referred to

62 shall include murder in any degree as defined at the time and

63 place of the prior conviction.

64  (14) Murder when the victim is subpoenaed, or has been

65 subpoenaed, to testify, or the victim had testified, in any

66 preliminary hearing, grand jury proceeding, criminal trial or

67 criminal proceeding of whatever nature, or civil trial or

68 civil proceeding of whatever nature, in any municipal, state,

69 or federal court, when the murder stems from, is caused by, or

70 is related to the capacity or role of the victim as a witness.

71  (15) Murder when the victim is less than fourteen 14

72 years of age.

73  (16) Murder committed by or through the use of a deadly

74 weapon fired or otherwise used from outside a dwelling while

75 the victim is in a dwelling.

76  (17) Murder committed by or through the use of a deadly

77 weapon while the victim is in a vehicle.

78  (18) Murder committed by or through the use of a deadly

79 weapon fired or otherwise used within or from a vehicle.

80  (19) Murder by the defendant where a court had issued a

81 protective order for the victim, against the defendant,

82 pursuant to Section 30-5-1 et seq.Chapter 5 of Title 30, or

83 the protective order was issued as a condition of the

84 defendant's pretrial release.

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85   (20) Murder by the defendant in the presence of a child

86 under the age of 14 years of age at the time of the offense,

87 if the victim was the parent or legal guardian of the child.

88 For purposes of this subsection, "in the presence of a child"

89 means in the physical presence of a child or having knowledge

90 that a child is present and may see or hear the act.

91   (21) Murder when the victim is a first responder who is

92 operating in an official capacity. For the purposes of this

93 subdivision, "first responder" includes emergency medical

94 services personnel licensed by the Alabama Department of

95 Public Health and firefighters and volunteer firefighters as

96 defined by Section 36-32-1.

97   (22) Rape in the first degree when the victim is less

98 than 12 years of age.

99   (23) Sodomy in the first degree when the victim is less

100 than 12 years of age.

101  (24) Sexual torture when the victim is less than 12

102 years of age.

103  (b) Except as specifically provided to the contrary in

104 the last part of subdivision (a)(13), the terms "murder" and

105 "murder by the defendant" as used in this section to define

106 capital offenses mean murder as defined in Section

107 13A-6-2(a)(1), but not as defined in Section 13A-6-2(a)(2) and

108 (3). Subject to the provisions of Section 13A-5-41, murder as

109 defined in Section 13A-6-2(a)(2) and (3), as well as murder as

110 defined in Section 13A-6-2(a)(1), may be a lesser included

111 offense of the capital offenses defined in subsection (a).

112  (c) A defendant who does not personally commit the act

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113 of killing which constitutes the murder is not guilty of a

114 capital offense defined in subsection (a) unless that

115 defendant is legally accountable for the murder because of

116 complicity in the murder itself under the provisions of

117 Section 13A-2-23, in addition to being guilty of the other

118 elements of the capital offense as defined in subsection (a).

119        (d) To the extent that a crime other than murder is an

120 element of a capital offense defined in subsection (a), a

121 defendant's guilt of that other crime may also be established

122 under Section 13A-2-23. When the defendant's guilt of that

123 other crime is established under Section 13A-2-23, that crime

124 shall be deemed to have been "committed by the defendant"

125 within the meaning of that phrase as it is used in subsection

126 (a)."

127        "§13A-6-61

128        (a) A person commits the crime of rape in the first

129 degree if he or she does any of the following:

130        (1) Engages in sexual intercourse with another person

131 by forcible compulsion.

132        (2) Engages in sexual intercourse with another person

133 who is incapable of consent by reason of being incapacitated.

134        (3) Being 16 years old of age or older, engages in

135 sexual intercourse with another person who is less than 12

136 years oldof age.

137        (b) Rape in the first degree is a Class A felony;

138 provided, that the punishment for a violation of subdivision

139 (a)(3) shall be as determined and fixed as provided in Article

140 2 of Chapter 5. Any defendant sentenced to life imprisonment

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141 on a capital offense must serve a minimum of 30 years, day for

142 day, prior to his or her first consideration of parole."

143  "§13A-6-63

144  (a) A person commits the crime of sodomy in the first

145 degree if he or she does any of the following:

146  (1) Engages in sodomy with another person by forcible

147 compulsion.

148  (2) Engages in sodomy with another person who is

149 incapable of consent by reason of being incapacitated.

150  (3) Being 16 years old of age or older, engages in

151 sodomy with a person who is less than 12 years oldof age.

152  (b) Sodomy in the first degree is a Class A felony;

153 provided, that the punishment for a violation of subdivision

154 (a)(3) shall be as determined and fixed as provided in Article

155 2 of Chapter 5. Any defendant sentenced to life imprisonment

156 on a capital offense must serve a minimum of 30 years, day for

157 day, prior to his or her first consideration of parole."

158  "§13A-6-65.1

159  (a) A person commits the crime of sexual torture if he

160 or she does any of the following:

161  (1) Penetrates the vagina, anus, or mouth of another

162 person with an inanimate object, by forcible compulsion, with

163 the intent to sexually torture, sexually abuse, or to gratify

164 the sexual desire of either party.

165  (2) Penetrates the vagina, anus, or mouth of a person

166 who is incapable of consent by reason of being incapacitated,

167 with an inanimate object, with the intent to sexually torture,

168 sexually abuse, or to gratify the sexual desire of either

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169 party.

170         (3) Penetrates the vagina, anus, or mouth of a person

171 who is less than 12 years oldof age, with an inanimate object,

172 by a person who is 16 years old of age or older with the

173 intent to sexually torture, sexually abuse, or to gratify the

174 sexual desire of either party.

175         (4) By inflicting physical injury, including, but not

176 limited to, burning, crushing, wounding, mutilating, or

177 assaulting the sex organs or intimate parts of another person,

178 with the intent to sexually torture, sexually abuse, or to

179 gratify the sexual desire of either party.

180         (b) The crime of sexual torture is a Class A felony;

181 provided, that the punishment for a violation of subdivision

182 (a)(3) shall be as determined and fixed as provided in Article

183 2 of Chapter 5. Any defendant sentenced to life imprisonment

184 on a capital offense must serve a minimum of 30 years, day for

185 day, prior to his or her first consideration of parole."

186         Section 3. This act shall become effective on October

187 1, 2026.

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198         ________________________________________________

199         Speaker of the House of Representatives

200

201

202

203         ________________________________________________

204         President and Presiding Officer of the Senate

205

206

207         House of Representatives

208

209         I hereby certify that the within Act originated in and

210 was passed by the House 27-Jan-26.

211

212                    John Treadwell

213                    Clerk

214

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218

219 Senate  05-Feb-26                                         Passed

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