AL HB612

Amends Alabama Code Sections 13A-6-65 and 13A-6-70 to revise the crime of sexual misconduct in response to a court ruling that declared the existing law unconstitutional in Williams v. Dallas County.

Requires that sexual misconduct now involves lack of consent or obtaining consent through fraud or artifice, rather than making consent irrelevant as a defense.

Defines "lack of consent" as resulting from forcible compulsion, incapacity to consent, or in sexual abuse cases, circumstances where the victim does not expressly or impliedly acquiesce in the actor's conduct.

Establishes that a person is incapable of consent if they are under 16 years old, mentally defective, mentally incapacitated, or physically helpless.

Becomes effective on the first day of the third month following passage and gubernatorial approval.