(a) A person commits the crime of engaging in a sex act with a foster child if he or she is a foster parent and engages in sexual intercourse or sodomy, as defined by Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in a sex act with a foster child is a Class B felony.
(b) A person commits the crime of engaging in a sexual contact with a foster child if he or she is a foster parent and engages in a sexual contact, pursuant to Section 13A-6-60, with a foster child under the age of 19 years who is under his or her care or supervision. Engaging in sexual contact with a foster child is a Class C felony.
(c) A person commits the crime of soliciting a sex act or sexual contact with a foster child if he or she is a foster parent and solicits, persuades, encourages, harasses, or entices a foster child under the age of 19 years to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a sex act or sexual contact with a foster child is a Class A misdemeanor.
(d) Consent is not a defense to a charge under subsections (a), (b), or (c).
(e) For the purposes of this section a foster parent is an individual approved or licensed by the Department of Human Resources or other child placing agencies who provides care and supervision to a foster child under the temporary or permanent custody of the department.
Structure Code of Alabama
Chapter 6 - Offenses Involving Danger to the Person.
Section 13A-6-60 - Definitions.
Section 13A-6-61 - Rape in the First Degree.
Section 13A-6-62 - Rape in the Second Degree.
Section 13A-6-63 - Sodomy in the First Degree.
Section 13A-6-64 - Sodomy in the Second Degree.
Section 13A-6-65 - Sexual Misconduct.
Section 13A-6-65.1 - Sexual Torture.
Section 13A-6-66 - Sexual Abuse in the First Degree.
Section 13A-6-67 - Sexual Abuse in the Second Degree.
Section 13A-6-68 - Indecent Exposure.
Section 13A-6-69 - Enticing Child to Enter Vehicle, House, etc., for Immoral Purposes.
Section 13A-6-69.1 - Sexual Abuse of a Child Less Than 12 Years Old.
Section 13A-6-70 - Lack of Consent.
Section 13A-6-71 - Foster Parent Engaging in a Sex Act, etc., With a Foster Child.