Physical Abuse

Citation: Ala. Code § 26-14-1(1)-(3)Abuse’ means harm or threatened harm to the health or welfare of a child through:

• Nonaccidental physical injury
• Sexual abuse or attempted sexual abuse
• Sexual exploitation or attempted sexual exploitation

Neglect

Citation: Ala. Code § 26-14-1(1)-(3)‘Neglect’ means negligent treatment or maltreatment of a child, including the failure to provide adequate food, clothing, shelter, medical treatment, or supervision.

Sexual Abuse/Exploitation

Citation: Ala. Code § 26-14-1(1)-(3)‘Sexual abuse‘ includes:

• The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or to have a child assist any other person engage in sexually explicit conduct
• Any simulation of the conduct for the purpose of producing a visual depiction of the conduct
• The rape, molestation, prostitution, or other form of sexual exploitation of children
• Incest with children

‘Sexual exploitation’ includes:

• Allowing, permitting, or encouraging a child to engage in prostitution
• Allowing, permitting, encouraging, or engaging in obscene or pornographic photographing, filming, or depicting a child for commercial purposes

Emotional Abuse

Citation: Ala. Code § 26-14-1(1)-(3)The term ‘abuse’ includes nonaccidental mental injury.

Abandonment

This issue is not addressed in the statutes reviewed.

Standards for Reporting

Citation: Ala. Code § 26-14-3
A report is required when a mandatory reporter knows or suspects a child is a victim of child abuse or neglect.

Persons Responsible for the Child

Citation: Ala. Code § 26-14-7.2Responsible persons include the child’s parent or legal guardian.

Exceptions

Citation: Ala. Code § 26-14-7.2A parent who fails to provide medical treatment to a child due to the legitimate practice of religious beliefs shall not be considered negligent for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child.

Defined in Domestic Violence Civil Laws

Citation: Ala. Code § 30-5-2In this chapter (concerning the issuance of civil protection orders), the term ‘abuse’ means an act of domestic violence committed against a victim, including the following:

• Arson, as defined under §§ 13A-7-40 to 13A-7-43
• Assault, as defined under §§ 13A-6-20 to 13A-6-22
• Attempt, which means the intent to commit any crime under this section or any other criminal act under the laws of this state or performing any overt act toward the commission of the offense
• Child abuse, which includes the torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in title 26, chapter 15
• Criminal coercion, as defined under § 13A-6-25
• Criminal trespass, which means entering or remaining in the dwelling or on the premises of another after having been warned not to do so either orally or in writing by the owner of the premises or other authorized person
• Harassment, as defined under § 13A-11-8
• Kidnapping, as defined under §§ 13A-6-43 and 13A-6-44
• Menacing, as defined under § 13A-6-23
• Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this state
• Reckless endangerment, as defined under § 13A-6-24
• Any sexual offenses, as defined under title 13A, chapter 6, article 4
• Stalking, as defined under §§ 13A-6-90 to 13A-6-94
• Theft, which means knowingly obtaining or exerting unauthorized control or obtaining control by deception over property owned by or jointly owned by the plaintiff and another
• Unlawful imprisonment, as defined under §§ 13A-6-41 and 13A-6-42

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ala. Code § 13A-6-139.1The term ‘domestic violence‘ means any of the following acts committed against a victim:

• Arson
• Assault
• Attempt with the intent to commit any crime under this section
• Child abuse, which is torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in the Alabama Child Abuse Act
• Criminal coercion
• Criminal trespass
• Harassment
• Kidnapping
• Menacing
• Any other conduct directed toward a plaintiff covered by this chapter that could be punished as a criminal act under the laws of this state
• Reckless endangerment
• Sexual abuse
• Stalking
• Theft of property owned by or jointly owned by the plaintiff and another
• Unlawful imprisonment

Persons Included in the Definition

Citation: Ala. Code §§ 13A-6-139.1; 30-5-2In civil and criminal law: A ‘victim’ is an individual who is related to the person who commits an act of abuse in any of the following ways:

• Is related by marriage to the defendant, including a common law marriage
• Had a former marriage or common law marriage with the defendant
• Has a child in common with the defendant regardless of whether the victim and defendant have ever been married and regardless of whether they are currently residing or have in the past resided together in the same household
• Has or had a dating relationship with the defendant
• Is a current or former household member
• Is a relative of a current or former household member who also lived with the defendant
• Is an individual who is a parent, stepparent, child, or stepchild and who is in or has maintained a living arrangement with the defendant

A ‘dating relationship’ is a significant relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement over a period of time and on a continuing basis during the course of the relationship. A dating relationship includes the period of engagement to be married. A dating relationship does not include a casual or business relationship or a relationship that ended more than 12 months prior to the filing of the petition for a protection order.

A household member is a person maintaining or having maintained a living arrangement with the defendant where he or she is in, or was engaged in, a romantic or sexual relationship.

A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which he or she does any of the following:

• Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in § 13A-12-260. A violation under this subdivision is a Class C felony.
• Violates the subdivision above, and a child suffers serious physical injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia. A violation under this subdivision is a Class B felony.
• Violates the subdivision above, and the exposure, ingestion, inhalation, or contact results in the death of the child. A violation under this subdivision is a Class A felony.

The court shall impose punishment pursuant to this section rather than imposing punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or a longer term of imprisonment.

It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child, and that it was administered to the child in accordance with the prescription instructions provided with the controlled substance.

Citation: Ala. Code § 13A-12-218A person commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance enumerated in Schedules I to V, inclusive, or possesses precursor substances in any amount with the intent to unlawfully manufacture a controlled substance, and two or more of the following conditions occurred in conjunction with that violation:

• Possession of a firearm
• Use of a booby trap
• The illegal possession, transportation, or disposal of hazardous or dangerous materials, or while transporting or causing to be transported materials in furtherance of a clandestine laboratory operation, created a substantial risk to human health or safety or a danger to the environment
• A clandestine laboratory operation that was to take place or did take place within 500 feet of a residence, place of business, church, or school
• A clandestine laboratory operation that actually produced any amount of a specified controlled substance
• A clandestine laboratory operation for the production of controlled substances listed in Schedule I or Schedule II
• The presence of a person under age 17 during the manufacturing process

Unlawful manufacture of a controlled substance in the first degree is a Class A felony.

Schedules I to V controlled substances include opiates, opiate derivatives, hallucinogens, stimulants, depressants, and narcotics, as listed in §§ 20-2-23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31.