Prostitution, Pimping, and Promotion Laws in Alabama

Under Alabama's laws, it is a crime to buy or sell sex, make money from or facilitate prostitution, or promote prostitution. Learn how Alabama defines and penalizes prostitution offenses.

Is Prostitution Legal in Alabama?

No. Prostitution and related offenses are not legal in Alabama. Like many states, Alabama prohibits and penalizes prostitution offenses committed by those who:

• work as prostitutes
• engage the services of a prostitute (patrons)
• procure prostitution services
• profit from prostitution, or
• promote or advance prostitution.

Alabama defines prostitution as engaging in sexual acts or sexual contact for a fee or anything of value (such as drugs or debt cancelation).

(Ala. Code § 13A-12-120 (2024).)

What Are the Penalties for Prostitution in Alabama?

In Alabama, a person commits the crime of prostitution by engaging in or agreeing to engage in a sexual act or contact for a fee or anything of value. Prostitution offenses carry Class A misdemeanor penalties of up to a year in jail and $6,000 in fines.

Safe Harbor Laws for Adults

Alabama law allows pretrial diversion for adults accused of engaging in prostitution. Diversion offers the chance to avoid a conviction. The law also requires the court to evaluate the accused's access to resources, such as health care, mental health counseling, and shelter, within 48 hours of arrest.

Safe Harbor Laws for Minors

Alabama prosecutors cannot file prostitution charges against sexually exploited children. The law presumes that a child younger than 18 who's engaged in prostitution is a sexually exploited child. Child victims of pimping and promotion crimes also fall under this definition.

Prosecutors may file a petition for child protection. The law also states that "all social and community services shall be made available to a sexually exploited child," such as counseling, shelter, medical treatment, substance abuse treatment, crisis intervention, safety planning, educational services, and legal services.

Defense: Sex Trafficking Victims

Sex trafficking victims can raise their victim status as a complete defense to prostitution charges.

(Ala. Code §§ 12-15-701, 13A-5-7, 13A-5-12, 13A-6-159, 13A-6-181, 13A-6-183, 13A-12-120, 13A-12-121, 13A-12-122 (2024).)

What Are the Penalties for Patrons in Alabama?

For patrons or customers of prostitution services, Alabama classifies their offense as a misdemeanor or felony, depending on the age of the victim.

Patron Offenses Involving Adult Prostitutes

A patron who solicits a prostitute or pays money or anything of value for prostitution services (whether or not they occur) commits a class A misdemeanor, punishable by up to a year in jail and a $6,000 fine.

Mandatory fine for victim fund. The court must order the defendant to pay at least $500 in fines for a victim fund. This mandatory fine increases by 50% for each subsequent conviction and is in addition to the fine listed above.

John school; diversion. A judge may order a defendant to attend counseling or education classes (sometimes called "john school"). Diversion programs (which may avoid a conviction) may be available to first-time offenders who agree to court-ordered counseling or courses.

Patron Offenses Involving Child Prostitutes

Patrons who solicit or pay a minor younger than 18 for prostitution services commit class B felonies. Mistake of age is not a defense (even if the mistake was reasonable).

The penalties for a class B felony are 2 to 20 years of prison time and up to $30,000 in fines. The court must order an additional $500 fine for a victim fund.

(Ala. Code §§ 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12, 13A-6-181, 13A-12-121, 13A-12-121.1, 13A-12-122, 13A-12-124, 13A-12-125 (2024).)

What Are the Penalties for Pimping or Aiding Prostitution Offenses in Alabama?

Alabama makes it a crime to arrange or assist in arranging prostitution services—sometimes called pimping. It's a crime to knowingly:

• cause or aid a person to commit or engage in prostitution
• procure or solicit patrons (customers)
• provide persons or premises for prostitution
• receive or accept money from prostitution proceeds, or
• operate or assist in operating a house of prostitution.

These offenses are class A misdemeanors, unless minors are involved—in which case, these crimes increase to class B felonies. Class A misdemeanors carry up to a year of jail time and $6,000 in fines. A person convicted of a class B felony faces 2 to 20 years in prison and up to $30,000 in fines.

(Ala. Code §§ 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12, 13A-12-121, 13A-121.1, 13A-12-122 (2024).)

What Are the Penalties for Promoting Prostitution in Alabama?

Laws against promoting prostitution are aimed at third parties who profit from or advance prostitution. (These laws don't punish acts committed by prostitutes or patrons.) Alabama divides promotion crimes into three degrees.

Promoting Prostitution in the First Degree

The harshest penalties apply to promotion offenses involving:

• advancing or profiting from the prostitution of a child younger than 16, or
• compelling a person to engage in prostitution by force or intimidation or profiting from such acts.

A first-degree promotion offense carries class B felony penalties of 2 to 20 years in prison, plus $30,000 in fines. The minimum sentence increases to 10 years if the offense involves a minor.

Promoting Prostitution in the Second Degree

Second-degree promotion charges apply when a person knowingly:

• advances or profits from prostitution by managing, supervising, controlling, or owning a house of prostitution or prostitution business, or
• advances or profits from the prostitution of a minor age 16 or 17.

This offense carries class C felony penalties of one to 10 years in prison, plus a $15,000 fine.

Promoting Prostitution in the Third Degree

All other acts of advancing or profiting from prostitution are third-degree offenses, punishable as class A misdemeanors. A conviction means up to a year in jail and $6,000 in fines.

Sex Offender Registration

People convicted of promoting prostitution in the first or second degree are required to register as sex offenders in Alabama.

(Ala. Code §§ 13A-5-6, 13A-5-7, 13A-5-11, 13A-5-12, 13A-12-110, 13A-12-111, 13A-12-112, 13A-12-113, 15A-20-5 (2024).)

Seeking Legal Advice and Representation

If you face prostitution or promotion charges in Alabama, contact a criminal defense attorney. An attorney can evaluate your case and any possible defenses, help you understand what's at stake, and protect your rights.