2022 Code of Alabama
Title 13A – Criminal Code.
Chapter 5 – Punishments and Sentences.
Article 1 – General Provisions.
Section 13A-5-6 – Sentences of Imprisonment for Felonies.
Universal Citation: AL Code § 13A-5-6 (2022)
Section 13A-5-6

Sentences of imprisonment for felonies.

(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

(2) For a Class B felony, not more than 20 years or less than 2 years.

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with subsection

(b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the offense is a sex offense pursuant to Section 15-20A-5.

(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be in accordance with subsection

(b) of Section 15-18-8.

(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony sex offense involving a child as defined in Section 15-20A-4, not less than 20 years.

(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony sex offense involving a child as defined in Section 15-20A-4, not less than 10 years.

(b) The actual time of release within the limitations established by subsection

(a) shall be determined under procedures established elsewhere by law.

(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20A-19, or where an offender is convicted of a Class A felony sex offense involving a child as defined in Section 15-20A-4, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant’s release from incarceration.

(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

(Acts 1977, No. 607, p. 812, §1225; Acts 1981, No. 81-840, p. 1505; Act 2005-301, 1st Sp. Sess., p. 571, §1; Act 2011-555, p. 1037, §1; Act 2015-185, p. 476, §2; Act 2015-463, p. 1506, §1; Act 2019-465, §1.)

Reasoning…. minimum is only set at 10 years. No death penalty. Covers a person under the age of 12 years old. Any child 12 and over would fall into another category with a minimum of 2 years. If the defendant is over 21 and child under 6 then sentence life without parole. Laws need improvement and the mandatory minimums are too low. Age of protection is too low.