Failure to Report a Missing Child and Caylee's Law in Alabama

Code of Alabama, Title 13A Criminal Code, Chapter 13 - Offenses Against the Family

• Ala. Code § 13A-13-8: Failure to Report a Missing Child (Caylee’s Law)

“Abduction” occurs when someone removes or retains a child without the consent of the child’s custodian. (§ 13A-13-8(b)(1))

A “child” is a person who is younger than 18 years old. (§ 13A-13-8(b)(2))

A “custodian” refers to the following people:

• A child’s mother or father (biological or adoptive)
• A child’s legal guardian
• The spouse of a child’s mother, father, or legally appointed guardian
• If only one parent has legal custody over the child, the parent with legal custody or their spouse is the custodian. (§ 13A-13-8(b)(3))

A “guardian” 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. (§ 26-2A-20)

A “lost child” is a child who is unable to find their way back to their custodian. (§ 13A-13-8(b)(5))

A “runaway child” is a child who is voluntarily absent from the control of their custodian and has the intent to remain away from them indefinitely. (§ 13A-13-8(b)(6))

A child’s custodian has a duty to report to law enforcement that the child is missing when they do not know the child’s whereabouts and the custodian knows, believes, or has substantial reason to believe any of the following:

• When the custodian places the child under the temporary supervision of another person and the person does not know the child’s whereabouts. (§ 13A-13-8(c)(1))
• That the child is a victim of an abduction, serious bodily harm, abuse, or sexual exploitation. (§ 13A-13-8(c)(2))
• That the child is a lost or runaway child. (§ 13A-13-8(c)(3))

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. (§ 13A-13-8(d))

A child’s custodian who has a duty to report a missing child under § 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’s safety, and the child suffers serious bodily harm or death. (§ 13A-13-8(f)(1))

Failure to report a missing child in the first degree is a Class C felony. (§ 13A-13-8(f)(2))

A custodian of a child who has a duty to report imposed under § 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’s safety is guilty of failure to report a missing child in the second degree. (§ 13A-13-8(e)(1))

Failure to report a missing child in the second degree is a Class A misdemeanor. (§ 13A-13-8(e)(2))

If the custodian made a reasonably diligent effort to verify the child’s whereabouts and safety during the delay in making the required report, it acts as a defense to prosecution. (§ 13A-13-8(g))