State Guide
Age of Consent in Alabama
A plain-English guide to the age of consent in Alabama, cited to the Code of Alabama. Alabama uses two different close-in-age mechanisms depending on the type of conduct involved.
Two mechanisms: gap-based and offender-age-basedAlabama at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statutes | Ala. Code §§ 13A-6-62, 13A-6-67 |
| Close-in-age mechanism (intercourse) | Not covered if offender is under 16, or gap is under 2 years |
| Close-in-age mechanism (contact only) | Not covered unless offender is 19 or older |
| Related offense | School employee with student — Ala. Code § 13A-6-81 |
Overview
Alabama sets its age of consent at 16. Below that age, the state uses two structurally different close-in-age mechanisms depending on whether the conduct involves sexual intercourse or sexual contact without intercourse.
For intercourse, rape in the second degree requires the offender to be 16 or older and at least two years older than a victim who is 12 through 15. For contact alone, sexual abuse in the second degree instead requires the offender to be 19 or older, an offender-age threshold rather than a gap-based one. This means the same age combination can be treated completely differently depending on which specific conduct occurred.
Age of consent in Alabama
Ala. Code Section 13A-6-62(a)(1) makes it rape in the second degree, a Class B felony, for a person 16 or older to have sexual intercourse with someone 12 through 15, provided the offender is at least two years older than the victim. Anyone 16 or older is generally treated as able to consent, except where a position of authority, such as a school employee, is involved.
Close-in-age rules in Alabama
The two mechanisms work independently of each other:
- Rape in the second degree (intercourse): does not apply if the offender is under 16, or if the offender is less than two years older than the victim.
- Sexual abuse in the second degree (contact only): does not apply unless the offender is 19 or older, regardless of how small the gap is below that age.
Exceptions and defenses
A school employee who engages in sexual intercourse or sexual contact with a student under 19 commits a separate offense under Ala. Code Section 13A-6-81, regardless of the student’s age within that range, and consent is explicitly not a defense to that specific charge. Sexual intercourse with a child under 12 is rape in the first degree, a Class A felony, with no exceptions or defenses based on consent or age gap.
Applicable statutes
The codified Alabama law this guide is drawn from.
Practical examples
Example 1. A 17-year-old and a 15-year-old, sexual intercourse, a two-year gap. Because the gap meets the two-year threshold and the older person is 16 or older, rape in the second degree applies.
Example 2. An 18-year-old and a 17-year-old, sexual contact only, a one-year gap. Because the offender is under 19, sexual abuse in the second degree does not reach this conduct at all.
Example 3. A 20-year-old and a 13-year-old, sexual contact only, a seven-year gap. Because the offender is 19 or older, sexual abuse in the second degree applies as a Class A misdemeanor.
Frequently asked questions about Alabama
What is the age of consent in Alabama?
16. Anyone 16 or older is generally treated as able to consent, subject to a separate rule for school employees and students.
Does Alabama have a Romeo and Juliet law?
Yes, in two different forms. Rape in the second degree does not apply where the offender is under 16 or less than two years older. Sexual abuse in the second degree, for contact only, does not apply unless the offender is 19 or older.
Why are there two different rules?
Alabama’s statutes structure intercourse and contact-only offenses differently. Rape in the second degree uses a two-year age-gap threshold, while sexual abuse in the second degree uses a flat 19-year-old offender threshold instead.
Does a school employee get any close-in-age allowance?
No. A school employee who has sexual intercourse or contact with a student under 19 commits a separate offense regardless of the age gap, and consent is not a defense.
What if the victim is under 12?
A separate, more serious offense, rape in the first degree, applies, with no exceptions or defenses based on consent or age gap.
Official sources
Primary and official sources this guide is built from.
Two mechanisms, side by side
Which rule applies depends on whether intercourse or contact alone occurred.
| Conduct | Governing statute | Close-in-age threshold |
|---|---|---|
| Sexual intercourse | § 13A-6-62, Rape 2nd degree | Offender 16+ and 2+ years older |
| Sexual contact only | § 13A-6-67, Sexual abuse 2nd degree | Offender 19 or older |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Code of Alabama and Alabama Judicial College pattern jury instructions, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Alabama attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Code of Alabama as of 25 July 2026. It has not yet been reviewed by a licensed Alabama attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.