Alabama PROSTITUTION LAWS

Alabama Definition of Prostitution – AL Code 13A-12-120

For the purpose of this division, the term prostitution shall mean the commission by a person of any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of value.

Alabama Prohibited Prostitution Activities – AL Code 13A-12-121

(a) No person shall commit an act of prostitution as defined in Section 13A-12-120.

(b) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of marketable value.

(c) No person shall agree to engage in sexual intercourse, sodomy, or sexual contact with another or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement.

(d) No person shall knowingly do any of the following:

(1) Cause or aid a person to commit or engage in prostitution.

(2) Procure or solicit patrons for prostitution.

(3) Provide persons or premises for prostitution purposes.

(4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.

(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise.

Alabama Prostitution Offenses Involving Minors – AL Code 13A-12-121.1

(a) No person shall commit an act of prostitution, as defined in Section 13A-12-120, with a minor.

(b) No person shall solicit, compel, or coerce any minor to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of marketable value.

(c) No person shall agree to engage in sexual intercourse, deviate sexual intercourse, or sexual contact with a minor or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement.

(d) No person shall knowingly do any of the following:

(1) Cause or aid a minor to commit or engage in prostitution.

(2) Procure or solicit a minor for prostitution.

(3) Provide premises for the prostitution of a minor.

(4) Receive or accept money or other thing of value pursuant to a prior agreement with a minor where the minor participates or is to participate in the proceeds of any prostitution activity.

(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise where minors participate in prostitution.

(6) Sell or offer to sell travel services that include or facilitate travel for the purpose of engaging in sexual intercourse, sexual acts, deviate sexual intercourse, or any other sexual contact with a minor.

Alabama Prostitution Violations – AL Code 13A-12-122

(a) Each violation of Section 13A-12-121 is a Class A misdemeanor.

(b) A violation of Section 13A-12-121.1 is a Class B felony.

Alabama Prostitution – Sexually Exploited Child – AL Code 13A-12-123

A sexually exploited child, as defined in Section 12-15-701, who is alleged to have committed a violation of Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts, shall be treated pursuant to Section 13A-6-181

H2 – Alabama Prostitution Excluded Defenses – AL Code 13A-12-124

(a) As used in this section, the term minor victim means a person who committed, or was solicited to commit, an act of prostitution while the person was a minor.

(b) Evidence of any of the following facts or conditions does not constitute a defense in a prosecution under Section 13A-12-121.1, nor shall the evidence preclude a finding of a violation:

(1) A minor victim’s sexual history or history of commercial sexual activity.

(2) A minor victim’s connection by blood or marriage to a defendant in the case or to anyone involved in the minor victim’s prostitution.

(3) Consent of or permission by a minor victim or anyone else on the minor victim’s behalf to any commercial sex act or sexually explicit performance.

(4) Age of consent to engage in sexual activity.

(5) Mistake as to the minor victim’s age, even if the mistake is reasonable.

Alabama Prostitution Additional Fines – AL Code 13A-12-125

In addition to all other fines and penalties prescribed by law, a person convicted of violating Section 13A-6-152, Section 13A-6-153, Section 13A-12-111, Section 13A-12-112, Section 13A-12-121, or Section 13A-12-121.1 shall pay a fine of five hundred dollars ($500) which shall be used to compensate victims of prostitution and human trafficking. The fine shall be deposited into the State Treasury to the credit of the Alabama Crime Victims Compensation Fund under Section 15-23-16. Amounts deposited into the Alabama Crime Victims Compensation Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.

Alabama Prostitution Penalties – AL Code 13A-5-12

(a) A sentence to pay a fine for a misdemeanor shall be for a definite amount, fixed by the court, within the following limitations:

(1) For a Class A misdemeanor, not more than $6,000;

(2) For a Class B misdemeanor, not more than $3,000;

(3) For a Class C misdemeanor, not more than $500; or

(4) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(b) A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, not to exceed $200, or any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(c) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.

(d) The court may conduct a hearing upon the issue of defendant’s gain or the victim’s loss from the crime according to procedures established by rule of court.