{"id":371383,"date":"2024-10-31T12:01:51","date_gmt":"2024-10-31T17:01:51","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/alabama-law\/failure-to-report-a-missing-child-and-caylee-s-law-in-alabama.html"},"modified":"2024-10-31T12:20:21","modified_gmt":"2024-10-31T17:20:21","slug":"failure-to-report-a-missing-child-and-caylee-s-law-in-alabama","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/failure-to-report-a-missing-child-and-caylee-s-law-in-alabama.html","title":{"rendered":"Failure to Report a Missing Child and Caylee’s Law in Alabama"},"content":{"rendered":"\n
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Failure to Report a Missing Child and Caylee's Law in Alabama<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

In Alabama, Caylee’s Law imposes a duty on parents, guardians, and custodians to report a missing child to law enforcement. Failing to make a timely report could result in felony or misdemeanor charges, depending on what happens to the child. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

In 2013, Alabama lawmakers passed Caylee\u2019s Law. This state law makes it a crime for a parent, legal guardian, or custodian to fail to report a missing child. In the case of the death of a child or if they sustain serious bodily harm, the failure to report is a felony. In other situations, the failure to report is a misdemeanor.<\/p>\r\n

This article provides information about Alabama\u2019s Caylee\u2019s Law, which specifies who has a duty to report a missing child and what that duty entails. It also provides related laws and information in the Related Resources section below.<\/p>\r\n

Background of Caylee\u2019s Law<\/b><\/h2>\r\n

Alabama and several other states created new laws related to missing children in response to the 2008 death of Caylee Anthony.<\/p>\r\n

Two-year-old Caylee lived with her mother, Casey Anthony, and her grandparents in Orlando, Florida. In June 2008, following an argument, Casey Anthony took the family car<\/a> and left with Caylee. About a month later, Caylee\u2019s grandfather, George Anthony, retrieved the vehicle from an impound lot. After noticing a horrible smell in the car, George and Caylee\u2019s grandmother, Cindy, contacted Casey and learned that Caylee was missing.<\/p>\r\n

Cindy called law enforcement, reporting that she had not seen Caylee for more than 30 days. A grand jury charged Casey Anthony with first-degree murder<\/a> in October 2008. Law enforcement eventually found Caylee\u2019s body in December 2008.<\/p>\r\n

The Casey Anthony trial was highly publicized<\/a> throughout the United States. A jury ultimately found her not guilty of murdering Caylee. The not-guilty verdict led to numerous online petitions and social media posts asking for a retrial. Casey Anthony ultimately served three years<\/a> in prison for lying to law enforcement.<\/p>\r\n

In response to the case, Alabama and several other states, including New Jersey and North Carolina, passed new laws regarding the failure to report a missing child. Although the laws vary by state, they are collectively known as Caylee\u2019s Laws.<\/p>\r\n

Alabama\u2019s Caylee\u2019s Law: Overview<\/h2>\r\n

This chart summarizes who has a duty to report when a child is missing and the penalties for failing to report it to law enforcement. For more information, visit FindLaw\u2019s Alabama Child Abuse and Child Endangerment Laws<\/a>.<\/p>\r\n\r\n

Code section<\/b><\/p>\r\n<\/th>\r\n

Code of Alabama, Title 13A Criminal Code, Chapter 13 – Offenses Against the Family<\/p>\r\n

Definitions<\/b><\/p>\r\n<\/th>\r\n

\u201cAbduction\u201d occurs when someone removes or retains a child without the consent of the child\u2019s custodian. (\u00a7 13A-13-8(b)(1))<\/p>\r\n

A \u201cchild\u201d is a person who is younger than 18 years old. (\u00a7 13A-13-8(b)(2))<\/p>\r\n

A \u201ccustodian\u201d refers to the following people:<\/p>\r\n

    \r\n
  • A child\u2019s mother or father (biological or adoptive)<\/li>\r\n
  • A child\u2019s legal guardian<\/li>\r\n
  • The spouse of a child\u2019s mother, father, or legally appointed guardian<\/li>\r\n
  • If only one parent has legal custody over the child, the parent with legal custody or their spouse is the custodian. (\u00a7 13A-13-8(b)(3))<\/li>\r\n<\/ul>\r\n

    A \u201cguardian\u201d is a person who has qualified as a guardian of a child pursuant to parental or spousal nomination or a court appointment. The definition includes a limited guardian but not a guardian ad litem. (\u00a7 26-2A-20)<\/p>\r\n

    A \u201clost child\u201d is a child who is unable to find their way back to their custodian. (\u00a7 13A-13-8(b)(5))<\/p>\r\n

    A \u201crunaway child\u201d is a child who is voluntarily absent from the control of their custodian and has the intent to remain away from them indefinitely. (\u00a7 13A-13-8(b)(6))<\/p>\r\n<\/td>\r\n<\/tr>

Custodian\u2019s duty to report a missing child<\/b><\/p>\r\n<\/th>\r\n

A child\u2019s custodian has a duty to report to law enforcement that the child is missing when they do not know the child\u2019s whereabouts and the custodian knows, believes, or has substantial reason to believe any of the following:<\/p>\r\n

    \r\n
  • When the custodian places the child under the temporary supervision of another person and the person does not know the child\u2019s whereabouts. (\u00a7 13A-13-8(c)(1))<\/li>\r\n
  • That the child is a victim of an abduction, serious bodily harm, abuse, or sexual exploitation. (\u00a7 13A-13-8(c)(2))<\/li>\r\n
  • That the child is a lost or runaway child. (\u00a7 13A-13-8(c)(3))<\/li>\r\n<\/ul>\r\n

    The custodian must make a verbal report (either by telephone or direct communication) and then file a written report if law enforcement authorities request one. (\u00a7 13A-13-8(d))<\/p>\r\n<\/td>\r\n<\/tr>

Failure to report a missing child in the first degree<\/b><\/p>\r\n<\/th>\r\n

A child\u2019s custodian who has a duty to report a missing child under \u00a7 13A-13-8(c) is guilty of failure to report a missing child in the first degree if they fail to make a report, delay making a report, or fail to cause a report to be made with willful or reckless disregard for the child\u2019s safety, and the child suffers serious bodily harm or death. (\u00a7 13A-13-8(f)(1))<\/p>\r\n

Failure to report a missing child in the first degree is a Class C felony. (\u00a7 13A-13-8(f)(2))<\/p>\r\n<\/td>\r\n<\/tr>

Failure to report a missing child in the second degree<\/b><\/p>\r\n<\/th>\r\n

A custodian of a child who has a duty to report imposed under \u00a7 13A-13-8(c) and who fails to make a report, delays making a report, or fails to cause a report to be made with willful or reckless disregard for the child\u2019s safety is guilty of failure to report a missing child in the second degree. (\u00a7 13A-13-8(e)(1))<\/p>\r\n

Failure to report a missing child in the second degree is a Class A misdemeanor. (\u00a7 13A-13-8(e)(2))<\/p>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/p>\r\n<\/th>\r\n

If the custodian made a reasonably diligent effort to verify the child\u2019s whereabouts and safety during the delay in making the required report, it acts as a defense to prosecution. (\u00a7 13A-13-8(g))<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State legislatures often pass new laws and revise existing laws. Contact an <\/i>Alabama family law attorney<\/i><\/a> to learn how the state’s laws on missing children could impact your specific case.<\/i><\/p>\r\n

Related Resources<\/h2>\r\n

The links below provide more information about Alabama law and topics related to Caylee\u2019s Laws:<\/p>\r\n