The Current Legal Landscape of Prostitution in Alabama
The current legal status of prostitution in Alabama is straightforward; state law prohibits the criminal offense of prostitution. Al. Code 13A-6-70 et seq. Interestingly, the specific language used by Alabama law seems more advanced than that in other states with respect to this issue. For instance, Alabama law prohibits two people meeting together for one or multiple purposes in exchange for something of value. These purposes need not have occurred, as long as the plan was discussed. Al. Code 13A-6-71 and 73. A person committing this offense is guilty of a Class B misdemeanor. This misdemeanor is increased to a Class A misdemeanor with a second conviction. A third conviction rises to a Class C felony.
Alabama laws with respect to prostitution also deals with the legal consequences of a prostitute’s employer. Under current law , anyone who employs, solicits, entices, or allows one or more persons to engage in prostitution for or on any premises or place belonging to them is guilty of a Class A misdemeanor. Al. Code 13A-6-75. A second conviction for this crime is raised to a Class C felony. Id. While some may be inclined to ask whether the "defense" lawyer has a point when he says legalization with regulation is desired for the entire sex industry, the fact remains that prostitution remains illegal in Alabama.
Alabama Law Regarding Prostitution – An Overview
In the state of Alabama, the unlawful act of prostitution involves more than just common sense and moral judgment. There are specific provisions in Alabama’s criminal code that define the various forms of prostitution and assign penalties to those who break the law. Below, we explain the relevant statutes.
To understand the prostitution laws in Alabama, we first have to look at how Alabama defines prostitution. Under Section 13A-6-70(9), Alabama defines prostitution as:
"Engaging in or agreeing or offering to engage in sexual conduct or a sexual act for a fee in money or its equivalent for oneself or another."
When most people think of prostitution, they may suspect that the primary form of prostitution in Alabama is street solicitation. In Alabama, however, a person can be charged with prostitution even if the accused does not solicit anyone. This occurs when a person "offers", "agrees" or otherwise "engages" in sexual conduct for compensation. The wording in the statute is very broad and may in some cases even include online solicitation in chat rooms and other types of solicitation that that occur electronically.
The following subsections of Section 13A-6-70 explain other factors that determine whether or not a person is engaging in prostitution.
The several provisions above commute one essential element of prostitution: it is unlawful to aid, abet, or otherwise assist prostitution in order to gain a benefit or defer an expense. But more than just Alabama law prohibits prostitution. The federal government also regulates prostitution laws under Title 18 U.S. Code Section 2421. The Title makes it illegal for anyone to attempt to induce or engage another person to travel from one state to another "by any means whatsoever" in order to engage in prostitution, or perform any kind of sexual activity that is illegal in any state. In other words, 18 U.S. Code Section 2421 prohibits prostitution across state lines.
When there is a trial, evidence is presented and evaluated (typically either by a jury or just a judge) to determine whether the defendant is guilty, in which case the statute suggests the following general penalties:
Note that both Section 13A-6-70 and Title 18 Section 2421 designate prostitution as a serious crime. Defendants in these types of cases are advised to consult with a criminal defense attorney in order to properly challenge the evidence against them and build a solid defense.
Given that the penalties for prostitution are already severe, you do not want to risk increasing them by adding additional charges like contributing to the delinquency of minors or drug charges.
A Comparison Between Alabama and Other States
To understand Alabama law, it is almost always helpful to compare it to the laws of other jurisdictions, so we will do that here with prostitution, since prostitution is much more common in other states than it is in Alabama, and the laws and penalties are different.
Alabama’s closest neighbor to the south, Florida, has a statute that closely resembles Alabama’s. Fla. Stat., §796.07(2)(a) makes it a crime to purposely "engage in or offer or agree to engage in . . . sexual activity for hire." It is a first-degree misdemeanor, punishable by up to one year in county jail, second offense, and it is a third-degree felony on a third or subsequent offense, punishable for up to five years in state prison.
Georgia follows Florida’s lead, with a statute that punishes a person who "engage(s) in prostitution by performing or offering to perform sexual intercourse, oral intercourse, or anal intercourse with another for money." GA Code Ann., §16-6-9(a). Just as in Florida, the penalty is a first-degree misdemeanor, punishable by up to one year in county jail, second offense, and a third-degree felony on a third or subsequent offense, punishable for up to five years in state prison.
Unlike Alabama, and like many states, Georgia law provides for a defense, under GA Code Ann., §16-6-9(b), if the defendant did not know that whoever offered to engage the defendant in oral, anal, or sexual intercourse would be paid for those acts.
Alabama’s neighboring state to the north, Tennessee, punishes "sexual conduct" for pay with a $50 fine. TENN. CODE ANN., §39-13-513. Tennessee’s neighboring state to the east, North Carolina, punishes prostitution with up to 180 days in jail and a $1,000 fine. N.C. GEN. STAT. ANN., §14-201.11.
Oklahoma’s law is a felony. The state punishes "prostitution" with up to two years in state prison. TEX. PENAL CODE §43.02, §43.01(a). This statute was declared unconstitutional in 2000, but the Oklahoma legislature has changed it since then. Other states have statutes that also resemble Alabama’s prohibition of prostitution.
Criminal Implications and Sentencing in Alabama
Alabama law has a strict view of prostitution, with the goal of protecting the general public. The penalties for prostitution in Alabama are designed to deter prostitution and address the issue of human trafficking.
First-time offenders face misdemeanors for engaging in prostitution. These misdemeanors are classified into four different degrees as follows:
If an individual is convicted of prostitution in either degree, they will face a fine of up to $500. However, the defendant may avoid the jail time by paying a fine or completing community service clocked at the amount of time the jail sentence would have required.
Repeat offenders face serious consequences. A second-degree misdemeanor conviction for prostitution will be considered a class A misdemeanor. A class A misdemeanor carries a potential jail sentence of up to one year or a fine in the amount of up to $2,000. A conviction for a class C felony for prostitution, solicitation for prostitution , or permitted prostitution will bring a prison term of 1 to 10 years. The minimum fine for these charges is $5,000, while the maximum fine is $100,000.
Charges brought forward for the solicitation of prostitution in Alabama could be a misdemeanor or felony, depending on the other charges against the defendant. First-time offenders face felony charges for engaging in prohibited sexual acts. Those charged with engaging in prohibited sexual acts while they were captains of a vessel on state waters could face only a misdemeanor charge.
Charged with engaging in permitted prostitution, a defendant will face a possible class A misdemeanor. Along with a sentence in county jail not to exceed one year, they will also face a fine of up to $6,000.
Solicitation could be classified as a felony if the solicitation was made in a courtroom. Beyond this, it would only be considered a misdemeanor. Prostitution in Alabama is a crime that carries serious consequences, but there are ways to minimize the severity of the penalty with the right legal representation.
Resources and Assistance
Support and resources are available for those sex workers who choose to reclaim their lives and help for the families of those who remain in prostitution today. Many organizations are dedicated to helping those caught up in prostitution. In the short-term, support and recovery groups such as 3:20 Outreach Ministries and Open Hands may be able to not only provide support but also legal resources. The Alabama HIV Legal Services Project at the Cumberland School of Law has served thousands of clients coping with HIV, AIDS and hepatitis-C since its inception in 1994. The 33-year-old nonprofit organization provides free legal assistance to families living with HIV. Since 2000, Legal Aid Birmingham has worked to provide legal support for Alabama communities. Additionally, more than 250 volunteer attorneys across the state offer free assistance to citizens in need through 11 local Pro Bono Projects organized by the Alabama State Bar, according to the organization’s website. More broadly, the Alabama State Bar Association offers a Lawyer Referral Service that allows callers to connect with local lawyers who can assist them. The best resource for legal aid, however, is an attorney.
Recent Developments and Cases
The recent publicized cases in which women died as a result of human trafficking while law enforcement failed to intervene led the Alabama Senator to introduce a bill. This bill authorized local organizations to create victims’ registry databases for survivors of human trafficking. The bill, S.B. 202, sponsored by state Sen. Shay Shelnutt, has a stated goal of "encouraging trafficking victims to recognize their situation, report their trafficking status and seek help." The bill has opened an honest dialogue over the demand for sex work in Alabama.
While many a state senator have focused on supply side issues when it comes to sex work, this bill has shifted the focus to problems with demand. A press release from the state senator makes several conflicting statements: it notes that the registry of trafficking victims is being created to allow victims to contact services, even as it notes that such people were likely not reporting in the first place. It also suggests that the goal of the bill is not to identify, prosecute, and punish traffickers "but rather to improve coordination among service providers and refer victims to appropriate agencies."
The actions of the Alabama Senate are a clear indication that legislators are willing to continue focusing on sex work. Last fall, an Alabama Senator introduced a bill to increase criminal penalties for "more serious aspects of human trafficking," including obtaining financial gain from human trafficking.
Notably, Alabama has one of the lowest rates of human trafficking per capita nationally, according to the Bureau of Justice Statistics . The statistics note that Alabama’s rate of trafficking is 1.09 per 100,000 people. This statistic might be in part because laws regarding prostitution generally are so punitive. Alabama ranks within the top 5 states for arrests and prosecutions related to crimes against human trafficking, despite the fact that in 2017, only two reported cases of human trafficking were brought to Alabama authorities. For comparison, the state of Texas has more than 700 prosecutions and arrests.
This has resulted in many organizations that would otherwise want to help trafficking victims or sex work legal reform efforts discourage people from pursuing such endeavors. For example, a group of non-profits and direct service providers that gives groups looking to combat trafficking a checklist of things to do "before doing anything else" on their site notes that the state of Alabama ranks highly for trafficking. Yet, the group continues to encourage people to reach out to Alabama state and local police.
A number of groups such as the Coalition Against Trafficking Women (CATW), which also encourages people to reach out to law enforcement in its "Recommended Strategies for Advocacy," note that "working with police can be a time-consuming endeavor" when they try to pursue cases. CATW also encourages people trying to help trafficking victims to take notice of responsible demand efforts (also known as demand abolition) which "target the demand for prostitution, pornography and trafficking by changing ‘high risk’ behaviors of pimps and buyers."
The extremist legal repression of sex work remains a topic of active conversation in Alabama.
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