In 1807, before Alabama became a state, the Legislative Council and House of Representatives of the Mississippi Territory passed the Act for the Punishment of Crimes and Misdemeanors.
[19] The Alabama Legislature did add a new section to the Act, stating that it is the "duty of the general assembly, as soon as circumstances will permit, to form a penal code...."[20]
"[21] It was adopted as the penal code on January 9, 1841:[21]"Be it enacted, &c. That, for the government and management of the penitentiary of this state, and to adapt our criminal proceedings and punishments to such system, the provisions...are hereby adopted and made of force, as a part of the laws of this state...."[22]The 1841 Alabama Penal Code codified rape, removing the 1807 Act's sentence of death for those convicted:[23]"Any person, who shall commit the crime of rape and be convicted thereof, shall be punished by imprisonment in the penitentiary for life."
The 1841 Alabama Penal Code codified "carnal knowledge of woman above 10 years, by administering substance to produce stupor, &c.":[24]"Every person, who shall have carnal knowledge of any woman above the age of ten years without her consent, by administering to her any substance, either solid or liquid, which shall produce such stupor, or such imbecility of mind, or weakness of body, as to prevent effectual resistance, shall, upon conviction, be punished by imprisonment in the penitentiary for life.
At the turn of the century, the Legislature also began to shift the age boundaries distinguishing a female child from an adult woman for the purposes of sentencing.
The 1852 Code of Alabama slightly amended the language pertaining to "carnal knowledge of woman above ten years, by administering drugs, etc.
; how punished" (additions underlined; removals struck through):[31]"Every Any person, who shall have has carnal knowledge of any woman female above the age of ten years, without her consent, by administering to her any substance, either solid or liquid, which shall produces such stupor, or such imbecility of mind, or weakness of body, as to prevent effectual resistance, shall must, upon conviction, be punished by imprisonment imprisoned in the penitentiary for life.
The 1866 Penal Code amended "Carnal knowledge of woman by administering drugs, &c." by assigning the jury the responsibility of selecting the sentence, and adding the death sentence and hard labor for life as punishments (additions underlined; removals struck through):[37]"Any person, who has carnal knowledge of any female above the age of ten years of age, without her consent, by administering to her any drug, or other substance, which produces such stupor, imbecility of mind, or weakness of body, as to prevent effectual resistance, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment imprisoned in the penitentiary for life, or by hard labor for the county for life.
"The 1866 Penal Code (or amendments made between the 1852 Code of Alabama and the 1866 Penal Code) added a new section "Carnal knowledge of married woman by falsely personating husband" (additions underlined):[39]"Any person who falsely personates the husband of any married woman, and thereby deceives her, and, by means of such deception, gains access to her, and has carnal knowledge of her, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary, or hard labor for the county, for not less than ten years; but no conviction must be had, under this section, on the unsupported evidence of the woman alone.
The 1867 Revised Code of Alabama made no substantive changes to the section prohibiting rape; it only removed three commas (removals struck through):[43]"Any person, who is guilty of the crime of rape, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary for life, or by hard labor for the county for life."
The 1867 Revised Code of Alabama also made no substantive changes to the section prohibiting "Carnal knowledge of woman by administering drugs, &c.," only removing two commas (removals struck through):[44]"Any person, who has carnal knowledge of any female above ten years of age, without her consent, by administering to her any drug, or other substance, which produces such stupor, imbecility of mind, or weakness of body, as to prevent effectual resistance, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary for life, or by hard labor for the county for life.
The 1876 Code of Alabama made no substantive changes to the section prohibiting rape, only adding in two commas it had removed in the 1867 Revised Code (on either side of "on conviction") (removals struck through):[50]"Any person who is guilty of the crime of rape, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary for life, or by hard labor for the county for life.
"The 1876 Code of Alabama also made no substantive changes to the section prohibiting "Carnal knowledge of woman by administering drugs, &c.," only adding one comma (after "must"):[51]"Any person who has carnal knowledge of any female above ten years of age, without her consent, by administering to her any drug, or other substance, which produces such stupor, imbecility of mind, or weakness of body, as to prevent effectual resistance, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary for life, or by hard labor for the county for life.
(removals struck through):[56]"Any person, who has carnal knowledge of any female above ten years of age, without her consent, by administering to her any drug, or other substance, which produces such stupor, imbecility of mind, or weakness of body, as to prevent effectual resistance, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary for life, or by hard labor for the county for life.
"The 1886 Code of Alabama removed hard labor as a potential sentence for "Carnal knowledge of married women by falsely personating husband" (removals struck through):[58]"Any person, who falsely personates the husband of any married woman, and thereby deceives her, and, by means of such deception, gains access to her, and has carnal knowledge of her, must, on conviction, be punished, at the discretion of the jury, either by death, or by imprisonment in the penitentiary, or hard labor for the county, for not less than ten years; but no conviction must be had, under this section, on the unsupported evidence of the woman alone.
"The 1886 Code of Alabama did not adjust the potential hard labor sentence and made only grammatical changes to "Attempt to have carnal knowledge of married woman by such deception" (inserted one comma after "person"; removed two commas, struck through below):[59]"Any person, who falsely personates the husband of any married woman, and thereby gains access to her, with the intent to have carnal knowledge of her, must, on conviction, be fined not less than five hundred dollars;, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than twelve months.
to raise the age to fourteen and adjust the length of potential prison sentences (additions underlined; removals struck through):[63]"Any person, who has carnal knowledge of any female above ten fourteen years of age, without her consent, by administering to her any drug, or other substance, which produces such stupor, imbecility of mind, or weakness of body, as to prevent effectual resistance, must, on conviction, be punished, at the discretion of the jury, by death, or by imprisonment in the penitentiary for life not less than ten years.
"The 1907 Code of Alabama made no substantive amendments to "Proof of rape"[71] or "Carnal knowledge of women by administering drug, etc.
by changing each use of "female" to "woman or girl" (additions underlined; removals struck through):[83]"Any person who has carnal knowledge of any female woman or girl above fourteen years of age, without her consent, by administering to her any drug or other substance which produces such stupor, imbecility of mind, or weakness of body, as to prevent effectual resistance, must, on conviction, be punished, at the discretion of the jury, by death, or by imprisonment in the penitentiary for not less than ten years.
20, introduced as H. 100 by Representatives Manley, Armstrong, McCluskey, Clark, and Harris intended "[t]o adopt a Code of laws for the State of Alabama" on February 15, 1977.
"The 1975 Code of Alabama amended "Carnal knowledge -- Girl under 12 years of age" to remove the jury's explicit role in determining sentences and to remove the death penalty as an available sentence (additions underlined; removals struck through):[99]"Any person who has carnal knowledge of any girl under twelve 12 years of age, or abuses such girl in the attempt to have carnal knowledge of her, shall, on conviction, be punished, at the discretion of the jury, either by death or by imprisonment in the penitentiary for not less than ten 10 years, or as otherwise specified by law.
"The 1975 Code of Alabama amended "Carnal knowledge -- Girl over 12 and under 16 years of age" to add a marriage exception, to remove the jury's explicit role in determining sentences, and to remove the death penalty as an available sentence (additions underlined; removals struck through):[100]"Except where the parties are lawfully married, Aany person who has carnal knowledge of any girl over twelve 12 and under sixteen 16 years of age, or abuses such girl in the attempt to have carnal knowledge of her, must shall, on conviction, be punished at the discretion of the jury, by imprisonment in the penitentiary for not less than two nor more than ten years.
This section, however, shall not apply to boys under sixteen years of age.”The 1975 Code of Alabama amended "Carnal knowledge -- By falsely personating husband -- Generally" to remove the jury's explicit role in determining sentences and to remove the death penalty as an available sentence (additions underlined; removals struck through):[101]"Any person who falsely personates the husband of any married woman, and thereby deceives her, and by means of such deception, gains access to her, and has carnal knowledge of her, must shall, on conviction, be punished, at the discretion of the jury, by death, or by imprisonment in the penitentiary for not less than ten 10 years; but no conviction must be had under this section, on the unsupported evidence of the woman.
The 1977 Alabama Criminal Code adopted the following definitions:[110]"(a) 'Sexual intercourse' has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
87-607) originally introduced in the Alabama House by Representatives Blakeney, McMillan, Mikell, Hooper, Breedlove, Layson, Haynes, and Black as H.
[118] The Act was entitled "The Retarded Citizens Sexual Protection Act of 1987" and was intended "[t]o provide that the punishment for second degree rape be changed from a Class C to a Class B felony; to amend Code of Alabama, 1975 §13A-6-62(b) accordingly..." and to make similar edits to the Alabama Criminal Code section defining sodomy in the second degree.
[122] The Act was intended "[t]o amend Section 13A-6-60, Code of Alabama 1975, so as to remove the exemption from criminal responsibility of the spouse for rape and redefine the term 'female' which excludes married victims.
Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.
A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.
Such term means that a person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct.