Frequently Asked Questions Regarding Sentences for Sex Offenders Convicted of a Sex Offense Involving a Child


How is a sex offense involving a child defined?

A sex offense involving a child is a conviction for any sex offense in which the victim was a child under the age of 12 or any offense involving child pornography.


Are there mandatory minimum sentences for a sex offender convicted of a sex offense involving a child?

Yes. Pursuant to Section 13A-5-6(a), a person convicted of a Class A felony sex offense involving a child must receive a mandatory minimum of 20 years.  A person convicted of a Class B felony sex offense involving a child must receive a minimum of 10 years.

13A-5-6(d) sets forth an additional mandatory life sentence without the possibility of parole when the victim is or younger and the defendant is 21 or older, and the defendant is convicted of Rape 1, Sodomy 1 or Sexual Torture.


Can a sex offender convicted of a sex offense involving a child receive probation?

According to Section 15-18-8, a person convicted of a sex offense involving a child which constitutes a Class A or B felony may not be granted probation.

According to 13A-5-2(d), every person convicted of a felony, misdemeanor or violation, except for the commission of a sex offense involving a child may be placed on probation as authorized by law.


Is a sex offender convicted of a sex offense involving a child subject to any additional post-release supervision?

Pursuant to 13A-5-6(c), an offender designated as a sexually violent predator or a sex offender convicted of a Class A felony sex offense involving a child who is sentenced to the county jail or DOC shall receive an additional penalty of not less than 10 years of post-supervision release.


Can a sex offender convicted of a sex offense involving a child receive good time?

No. According to Section 14-9-41(e), no person may receive the benefits of correctional incentive time if he or she has been convicted of a sex offense involving a child.

Those convicted of a crime involving the perpetration of sexual abuse upon a person under 17 are prohibited from obtaining the classification that affords the greatest amount of good time.


Can a sex offender convicted of a sex offense involving a child be paroled?

Section 15-22-27.3 states that any person convicted of a sex offense involving a child which constitutes a Class A or B Felony is not eligible for parole.


Can a sex offender convicted of a sex offense involving a child receive a split sentence?

Section 15-18-8 (a) prohibits a person who is convicted of a sex offense involving a child which constitutes a Class A or B felony from receiving a split sentence.