HB374 Summary

• Revises sexual misconduct law to require lack of consent or consent obtained through fraud or artifice as elements of the crime, addressing a provision previously declared unconstitutional by the Alabama Court of Civil Appeals in Williams v. Dallas County.

• Creates three new Class A misdemeanor offenses: rape in the third degree, sodomy in the third degree, and sexual abuse in the third degree, applicable when the perpetrator is at least 12 but less than 16 years old and the victim is less than 12 years old.

• Adds the three newly created third-degree offenses to the list of sex offenses under the Sex Offender Registration and Notification Act, requiring registration for those convicted.

• Modifies gender-neutral language in sexual misconduct statutes and clarifies consent requirements across multiple sex crime definitions.

• Becomes effective on the first day of the third month following passage and approval by the Governor.