By Christie Nicholson, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 29, 2024
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Under Alabama law, a person commits child abuse when they harm (or cause harm) to a child's health or welfare through non-accidental physical or mental injury. Sexual abuse or exploitation of a child also falls under the umbrella of child abuse. Even first-offense child abuse cases can result in felony charges. First-time offenders convicted of child abuse or neglect face up to ten years in prison.
Alabama law is clear when it comes to child abuse, child pornography, and maltreatment of children. Anyone found guilty of these crimes should expect a lengthy prison sentence and fines. If you’re facing criminal charges for child abuse or endangerment of a child, you should familiarize yourself with Alabama’s criminal laws.
Here, we’ll discuss Alabama’s child abuse laws and the penalties for these crimes. FindLaw also offers other articles on child abuse, neglect, and endangerment that may prove helpful.
Child abuse can take many forms. Most criminal child abuse cases involve physical, emotional, and mental abuse by a "responsible person." In this context, a responsible person is any of the following:
If any of these parents or guardians willfully abuse a child, they can be convicted of a Class C felony (Alabama Code § 26-15-3). They face at least a year in prison and a fine of up to $15,000. Depending on the circumstances, a judge can increase the sentence to ten years in prison.
Subsequent offenses and cases involving serious physical injuries to a child are charged as aggravated child abuse, which is a Class B felony. A person guilty of a Class B felony faces up to 20 years in prison and fines of up to $60,000.
Alabama also criminalizes what is known as "chemical endangerment of a child" (Ala. Code § 26-15-3.2). These cases involve parents or guardians who allow (or encourage) their children to ingest or come into contact with dangerous chemicals.
Some of the more common chemicals courts see in endangerment cases include:
A person is guilty of chemical endangerment when they knowingly, intentionally, or recklessly cause or allow their child to ingest or inhale dangerous substances.
If the parent, guardian, or caretaker administers a legitimate prescription to a child according to the physician’s instructions, they can raise this as an affirmative defense.
A conviction for chemical endangerment is generally a Class C felony. But penalties can increase depending on the child's injury. If they are seriously injured by the substance, the charge increases to a Class B felony. If the child dies, it becomes a Class A felony.
If law enforcement officials arrest you for child abuse or endangerment, the potential penalties are severe. If you’re facing criminal charges for child abuse, chemical endangerment, or other related crimes, you should familiarize yourself with Alabama law.
The following table highlights Alabama’s child abuse laws.
Code Sections |
Alabama Code Title 26
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Definition of child abuse |
A person is guilty of child abuse when they do the following to a child under 18 years of age:
This crime is a Class C felony, punishable by one to ten years in prison and a fine of up to $15,000. According to Ala. Code Section 26-15-3.1, if an offender engages in this behavior more than once or is in direct violation of a court order, the crime is aggravated child abuse. The offender also commits aggravated child abuse if they cause serious physical injury to the child. These crimes are Class B felonies, and a conviction will lead to a prison sentence of two to 20 years and a fine of up to $30,000. If the child dies as a result of any form of child abuse, the courts will upgrade the charges to a Class A felony. A Class A felony conviction will result in up to a penalty of life in prison (or a definite term of up to 99 years) and a $60,000 fine. |
Who is required to report child abuse? |
Under the Code of Alabama, any professional who comes into regular contact with children is a mandatory reporter in Alabama. This includes the following:
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How to report child abuse |
To report child abuse in Alabama, contact your county Department of Human Resources office and tell them what you saw. You can also call 911 in an emergency. For more information, see FindLaw's article on How to Report Child Abuse. |
What happens if you fail to report or file a false report? |
If someone knowingly fails to report child abuse or negligence, they could face misdemeanor charges. A conviction of this crime will lead to up to six months in jail and a fine of up to $500. |
Disclaimer: State laws can change through many different avenues, so it's important to talk to a local criminal defense attorney to understand how the current law applies to your specific circumstances.
Not only is it a crime to abuse or neglect a child in Alabama, but failing to report this type of abuse constitutes a crime as well. Alabama Statute Section 26-14-3 dictates that specific individuals and entities must report suspected child abuse, neglect, or endangerment. These people are called “mandatory reporters.”
The people with a legal duty to report child abuse include:
Technically, according to Ala. Code Section 26-14-4, any responsible person who suspects a child is suffering from abuse or neglect has a duty to report it to their county DHR. If they fail to do so, they will be subject to the same penalties as a mandatory reporter.
The law also requires that anyone who provides medical treatment or assistance to a child report suspected abuse and neglect to the county Department of Human Resources.
If you're a mandatory reporter and don't report suspected child abuse or neglect, the state can charge you with a misdemeanor. If guilty, you'll face up to six months in jail and a fine of $500.
Alabama law states that your county DHR must ensure that mandatory reporters are aware of their duty to report. They must also provide training, sample reporting forms, and instructions to mandatory reporters.
If you’re facing child abuse charges, you should consult an experienced local criminal defense attorney. They’ll work hard to poke holes in the state’s case and try to negotiate a favorable plea bargain.
You may also want to speak with an Alabama family law attorney familiar with the Child Protective Services (CPS) system. If the state has removed your child from your home due to abuse, they may be able to help.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Alabama attorneys offer free consultations.
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