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Is the legal age 18 in ALABAMA to have sex with a 24 year old

Opp, AL |

does someone have to wait until the age of 18 to have "legal" sex with a 24 year old person

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Attorney answers 2


In most circumstances, the age of consent in Alabama is 16, but if the 16 year old has diminished capacity, the older person may still face consequences. Best to wait until 18.

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


In Alabama, under the current Alabama Criminal Code, persons age 16 years or older are statutorily deemed capable of consent to sexual contact. Code of Alabama, 1975, 13-A-6-70 (c ). In Parks v. State, 565 So. 2d 1265 (Ala. Crim. App. 1990), the Court interpreted the language of the statute, declaring that “a female 16 years of age is technically not a “child,” but is one capable of consenting to sexual intercourse."

The general theory to all ‘age of consent’ statutes is these statutes exist to protect those too young to have the requisite mental capacity or psychological maturity to consent to intimate sexual contact. However, age of consent statutes are not uniform within the United States. The ages of consent vary widely among the fifty different states, ranging from age 14 to 18.

Since 1915, the state of Alabama has adhered to the age of 16 as the age of consent. By act of the 1915 legislature, the age of consent was statutorily established to be 16 years of age. See, as example, Title 14, section 399, Alabama Code 1940 establishing the elements of “unlawful carnal knowledge” and the age of consent. Prior to the act of 1915, the age of consent was 14 years of age.

Mary Katherine Brown

Mary Katherine Brown


Thanks to Attorney Mahaney for an excellently detailed answer!

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