Code of Alabama

Ala. Code § 26-15-2 (2026)

Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026
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As used in this chapter, the following terms have the following meanings:

(1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subdivision may be demonstrated by the substance’s use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.

(2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (4) of Section 20-2-2.

(3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260.

(4) MISTREAT. Any intentional behavior that inflicts unnecessary or unjustifiable pain or suffering on a child without causing physical injury to the child.

(5) RESPONSIBLE PERSON. A child’s natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child.

(6) SERIOUS PHYSICAL INJURY. Serious physical injury as defined in Section 13A-1-2.

(Acts 1977, No. 502, p. 658, §2; Act 2006-204, p. 302, §1; Act 2023-466, §1.)

Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1983–2025 · leading case: Franklin v. State, 23 So. 3d 694 (Ala. Crim. App. 2008).
Franklin v. State, 23 So. 3d 694 (Ala. Crim. App. 2008). · cites it 16× “, requires that an argument contain "the contentions of the appellant/petitioner with respect to the issues presented, and the reasons therefor, with citations to the cases, statutes, other authorities, and parts of the record relied on.”
Graham v. State, 210 So. 3d 1148 (Ala. Crim. App. 2016). · cites it 5× “Section 26-15-3 provides: “A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be guilty of a Class C felony.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). · cites it 2× “2 is defined by Ala.Code 1975, § 26-15-2(2), which refers to Ala.”
Gobble v. State, 104 So. 3d 920 (Ala. Crim. App. 2010). “Code 1975, as follows: “(a) A responsible person, as defined in § 26-15-2, commits the crime of aggravated child abuse if he or she does any of the following: *975 “(1) He or she violates the provisions of § 26-15-3 by acts taking place on more than one occasion.”
Contreras v. State, 257 So. 3d 337 (Ala. Crim. App. 2016). · cites it 4× “" § 26-15-2, Ala.Code 1975. A person violates Section 26-15-3, Ala.”
Phelps v. State, 439 So. 2d 727 (Ala. Crim. App. 1983). “The statute under which she was prosecuted, § 26-15-3, Code of Alabama 1975, provides that "A responsible person, as defined in section 26-15-2, who shall torture, willfully abuse, cruelly beat or otherwise willfully maltreat any child under the age of 18 years shall, on…”
Pearson v. State, 601 So. 2d 1119 (Ala. Crim. App. 1992). “Section 26-15-3 provides: "A responsible person, as defined in section 26-15-2 [to include a parent], who shall torture, willfully abuse, cruelly beat or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be punished by imprisonment in the…”
Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005). “Code 1975, provides: "A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly beat or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be punished by imprisonment in the penitentiary for not less than…”
Wallace v. State, 130 So. 3d 212 (Ala. Crim. App. 2013). · cites it 3× “Code 1975, because, he says, it failed to prove that he was a “responsible person” as that term is defined in § 26-15-2, Ala.Code 1975. Section 26-15-3.”
T.L.S. v. Lauderdale Cnty. Dep't of Human Resources, 119 So. 3d 431 (Ala. Civ. App. 2013). “Code 1975, provides: “A responsible person, as defined in Section 26-15-2, [Ala.Code 1975,] who shall torture, willfully abuse, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be guilty of a Class C felony.”
Woods v. State, 724 So. 2d 40 (Ala. Crim. App. 1998). “Code 1975, provides: "A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly beat or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be punished by imprisonment in the penitentiary for not less than…”
Wilburn v. State, 545 So. 2d 231 (Ala. Crim. App. 1989). · cites it 2× “Rose Linda Wilburn was convicted of child abuse in violation of Alabama Code 1975, § 26-15-2, and was sentenced to five years’ imprisonment.”
— Ala. Code § 26-15-2(2) — 1 case
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “2 is defined by Ala.Code 1975, § 26-15-2(2), which refers to Ala.”
— Ala. Code § 26-15-2(4) — 3 cases
Graham v. State, 210 So. 3d 1148 (Ala. Crim. App. 2016). “Section 26-15-3 provides: “A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be guilty of a Class C felony.”
Wallace v. State, 130 So. 3d 212 (Ala. Crim. App. 2013). “Code 1975, because, he says, it failed to prove that he was a “responsible person” as that term is defined in § 26-15-2, Ala.Code 1975. Section 26-15-3.”
Williams v. State, 55 So. 3d 366 (Ala. Crim. App. 2010).
— Ala. Code § 26-15-2(5) — 3 cases
Graham v. State, 210 So. 3d 1148 (Ala. Crim. App. 2016). “Section 26-15-3 provides: “A responsible person, as defined in Section 26-15-2, who shall torture, willfully abuse, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years shall, on conviction, be guilty of a Class C felony.”
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