(a)(1) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
(2) For the purposes of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(b) Domestic violence in the second degree is a Class B felony, except the defendant shall serve a minimum term of imprisonment of six months without consideration of probation, parole, good time credits, or any reduction in time for any second or subsequent conviction under this subsection.
(c) The minimum term of imprisonment imposed under subsection (b) shall be double without consideration of probation, parole, good time credits, or any reduction in time if either of the following applies:
(1) A defendant willfully violates a protection order issued by a court of competent jurisdiction and in the process of violating the order commits domestic violence in the second degree.
(2) The offense was committed in the presence of a child under the age of 14 years at the time of the offense, who is the victim’s child or step-child, the defendant’s child or step-child, or who is a child residing in or visiting the household of the victim or defendant. For purposes of this subsection, “in the presence of a child” means that the child was in a position to see or hear the act.
(d) The court shall make a written finding of fact, to be made part of the record upon conviction or adjudication, of whether or not the act was committed in the presence of a child. If a defendant has a trial by jury and the jury finds the defendant guilty, the jury shall also render a special verdict as to whether or not the defendant committed the act in the presence of a child.
(Act 2000-266, p. 411, §2; Act 2011-581, p. 1273, §1; Act 2015-493, p. 1679, §2; Act 2018-538, §1; Act 2019-252, §1; Act 2023-494, §1.)
Notes of Decisions
Cited in
15
cases (
5 in the last 5 years), 2002–2026 · leading case:
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008).
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008).
· cites it 2× “Code 1975; and two counts of possession of obscene matter containing a visual reproduction of a person under the age of 17 years, violations of § 13A-12-192(b), Ala.”
Culp v. State, 178 So. 3d 378 (Ala. Crim. App. 2014).
· cites it 3× “in § 13A-6-131(a), that Culp inflicted serious physical injury to Hand, and that Culp intended to do so.”
Brand v. State, 960 So. 2d 748 (Ala. Crim. App. 2006).
“"Section 13A-6-131, Ala.Code 1975, does not define a `dating relationship,' and our research has not uncovered any other statute or any caselaw in Alabama defining that term.”
Morris v. State, 196 So. 3d 1256 (Ala. Crim. App. 2015).
“An element of second-degree domestic violence, § 13A-6-131, Ala.Code 1975, a Class B felony, is the commission of second-degree assault, § 13A-6-21, Ala.”
McInvale v. State, 238 So. 3d 693 (Ala. Crim. App. 2017).
· cites it 4× “Code 1975, and second-degree domestic violence, a violation of § 13A-6-131, Ala. Code 1975. These convictions arose from injuries McInvale inflicted upon his four-month-old son.”
Thomas v. State, 214 So. 3d 1211 (Ala. Crim. App. 2015).
· cites it 6× “Thomas Addies Thomas appeals his convictions for second-degree domestic violence, see § 13A-6-131, Ala.Code 1975, and domestic violence by strangulation or suffocation, see § 13A-6-138, Ala.”
McInvale v. Thomas (INMATE 3) (M.D. Ala. 2023).
· cites it 2× “1 (a)(3) and domestic violence in the second degree in violation of Ala. Code § 13A-6-131. (Doc. 11-3 at pp. 121-22).”
Mead v. State, 271 So. 3d 860 (Ala. Crim. App. 2018).
“Specifically, the report alleged that Mead: (1) had committed the new offense of second-degree domestic violence, see § 13A-6-131, Ala. Code 1975, and (2) had failed to report as directed.”
Mead v. State, 271 So. 3d 860 (Ala. Crim. App. 2018).
“Specifically, the report alleged that Mead: (1) had committed the new offense of second-degree domestic violence, see § 13A-6-131, Ala. Code 1975, and (2) had failed to report as directed.”
Rone (S.D. Ala. 2026).
“CODE § 13A-6-131(a)(1). A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to: (1) Corruptly influence the testimony of that person; (2)…”
— Ala. Code § 13A-6-131(a) — 3 cases
Culp v. State, 178 So. 3d 378 (Ala. Crim. App. 2014).
“in § 13A-6-131(a), that Culp inflicted serious physical injury to Hand, and that Culp intended to do so.”
McInvale v. State, 238 So. 3d 693 (Ala. Crim. App. 2017).
“Code 1975, and second-degree domestic violence, a violation of § 13A-6-131, Ala. Code 1975. These convictions arose from injuries McInvale inflicted upon his four-month-old son.”
Thomas v. State, 214 So. 3d 1211 (Ala. Crim. App. 2015).
“Thomas Addies Thomas appeals his convictions for second-degree domestic violence, see § 13A-6-131, Ala.Code 1975, and domestic violence by strangulation or suffocation, see § 13A-6-138, Ala.”
— Ala. Code § 13A-6-131(a)(1) — 2 cases
Rone (S.D. Ala. 2026).
“CODE § 13A-6-131(a)(1). A person commits the crime of intimidating a witness if he attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to: (1) Corruptly influence the testimony of that person; (2)…”
— Ala. Code § 13A-6-131(b) — 1 case
— Ala. Code § 13A-6-131(c) — 1 case
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