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Man charged with rape, sodomy of minor

Published 2:12pm Tuesday, December 10, 2013

By STEPHANIE BRUMFIELD / Staff Writer

COLUMBIANA – A man from Sylacauga was arrested Dec. 9 and charged with second-degree rape and second-degree sodomy. He is currently being held in the Shelby County Jail on bonds totaling $60,000.

Samuel Zuniga Hernandez, 26, of Sylacauga was arrested after an incident was reported to the Shelby County Sheriff’s Office Dec. 6, according to Capt. Ken Burchfield with the Shelby County Sheriff’s Office.

Hernandez was arrested in Sylacauga, where he is currently living, following an investigation regarding the incident that involved a minor victim , Burchfield said.

Burchfield said Hernandez was an acquaintance of the victim’s father and resided with them.

Hernandez (Contributed)
Hernandez (Contributed)

According to Alabama law, second-degree rape and second-degree sodomy are both class B felonies.

A person commits the crime of second-degree rape if he or she is 16 years old or older and “engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex,” or “engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective,” according to Alabama law.

A person commits second-degree sodomy if he or she is 16 years old or older and “engages in deviate sexual intercourse with another person less than 16 and more than 12 years old,” or “engages in deviate sexual intercourse with a person who is incapable of consent by reason of being mentally defective.”

If convicted, Hernandez could face up to 20 years in prison per charge.

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