Past Mistake - Am I Still in Danger

My question involves criminal law for the state of: Alabama

I am a 20 year old living in the state of Alabama. A few years ago I made a huge mistake -- I entered a relationship with a 14 year old. She was almost 15, and I was barely 17, but regardless, it was still a mistake. During the relationship we had graphic sexual exchanges over a popular social networking site (all text, no photos) and we kissed and had sexual contact without sexual intercourse. Her mom found the messages and printed them off in an attempt to scare me off. Well it definitely worked. I avoided all contact with her for 3 years. She didn't know about the sexual contact.

Well recently we ran into each other again and I was reminded why I liked her in the first place. We have been talking and I feel like we are falling into another relationship. Anything we do at this point would be legal, however I am concerned about what her mother's reaction might be if she finds out we are involved with each other again.

What charges could be pressed against me by the state? I have done some research and it looks like sexual contact without intercourse with someone above 12 and under 16 isn't considered first degree sexual assault in the state of Alabama. However, there is another section which states:

Section 13A-6-67
Sexual abuse in the second degree.
A person commits the crime of sexual abuse in the second degree if:
He subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old; or
He, being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.

So what gives? There seems to be nothing covering us 17 and 18 year old sexual deviants. Am I even at risk of any prosecution? (misdemeanor or otherwise)

I would look here...

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Section 13A-6-65

Sexual misconduct.

(a) A person commits the crime of sexual misconduct if:

(1) Being a male, he engages in sexual intercourse with a female without her consent, under circumstances other than those covered by Sections 13A-6-61 and 13A-6-62; or with her consent where consent was obtained by the use of any fraud or artifice; or

(2) Being a female, she engages in sexual intercourse with a male without his consent; or

(3) He or she engages in deviate sexual intercourse with another person under circumstances other than those covered by Sections 13A-6-63 and 13A-6-64. Consent is no defense to a prosecution under this subdivision.

(b) Sexual misconduct is a Class A misdemeanor.

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Quoting cyjeff

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I would look here...

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Since the "graphic" discourse was done via internet, you should be looking at the FEDERAL criminal statutes.


I'm curious....Didn't ANYONE...Parents, teacher...ANYONE warn you about getting involved with little girls? :confused:

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Quoting Baystategirl

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Since the "graphic" discourse was done via internet, you should be looking at the FEDERAL criminal statutes.

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Only if the exchange triggered INTERstate or foreign commerce!


If it was INTRAstate, federal jurisdiction is not triggered.

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Quoting BOR

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Only if the exchange triggered INTERstate or foreign commerce!


If it was INTRAstate, federal jurisdiction is not triggered.

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unless the addresses of the social networking sites has changed, their servers are all in states other than Alabama.

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Quoting cyjeff

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I would look here...

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Hello Cyjeff,

Thank you for your response. However, that still leaves me a little confused. Our activities could not be viewed as sexual intercourse in any way (no penetration, no oral sex). I haven't been able to find any statute that meets the criteria of what I have done.

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Quoting Baystategirl

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Since the "graphic" discourse was done via internet, you should be looking at the FEDERAL criminal statutes.


I'm curious....Didn't ANYONE...Parents, teacher...ANYONE warn you about getting involved with little girls? :confused:

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I was not aware that text based sexual exchanges were prosecutable. I remember in the past hearing about a congressman that was caught having sex chat with a young girl, but the feds couldn't pursue any charges. Are there state laws against this sort of thing? If there are, I can't find any.

Of course I was aware that I shouldn't be messing with someone over 2 years younger than me, but we were both horny high schoolers and we didn't even consider the legal ramifications. I regret it now, but what's done is done.

You can find that :

13A-6-64. Sodomy in the second degree

A person commits the crime of sodomy in the second degree if:

He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old; or

What did you do exactly with your GS as "sexual contact" ?

You can find that :

13A-6-64. Sodomy in the second degree

A person commits the crime of sodomy in the second degree if:

He, being 16 years old or older, engages in deviate sexual intercourse with another person less than 16 and more than 12 years old; or

What did you do exactly with your GF as "sexual contact" ?

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Quoting cyjeff

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unless the addresses of the social networking sites has changed, their servers are all in states other than Alabama.

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Huh??


I think I know what you mean (??), but what I meant was if he was in Texas and she was in Virginia, that is INTERstate.