Ala. Code
Code of Alabama

Ala. Code § 26-15-3.1 (2026)

Aggravated Child Abuse.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse if he or she does any of the following:

a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than one occasion.

b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.

c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.

(2) The crime of aggravated child abuse is a Class B felony.

(b)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse of a child under the age of six if he or she does any of the following to a child under the age of six years:

a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than two occasions.

b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.

c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.

(2) The crime of aggravated child abuse of a child under the age of six is a Class A felony.

(Act 2001-371, p. 477, §1; Act 2002-403, p. 1015, §1; Act 2016-43, §1.)

Notes of Decisions
Cited in 16 cases (8 in the last 5 years), 2005–2026 · leading case: Franklin v. State, 23 So. 3d 694 (Ala. Crim. App. 2008).
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Franklin v. State, 23 So. 3d 694 (Ala. Crim. App. 2008). · cites it 28× “The evidence indicated that the victim was Franklin's granddaughter.”
Graham v. State, 210 So. 3d 1148 (Ala. Crim. App. 2016). · cites it 5× “After Woods was decided, the legislature created a new offense—aggravated child abuse—which is codified at § 26-15-3.1, Ala.Code 1975, and which became effective August 1, 2001.”
Contreras v. State, 257 So. 3d 337 (Ala. Crim. App. 2016). · cites it 5× “) As noted, Contreras's felony-murder conviction is predicated on aggravated child abuse under § 26-15-3.1, Ala.Code 1975. Section 26-15-3.”
Gobble v. State, 104 So. 3d 920 (Ala. Crim. App. 2010). “” Aggravated child abuse is defined in § 26-15-3.1, Ala.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…”
Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005). “We note that aggravated child abuse, a violation of § 26-15-3.1, Ala.Code 1975, is specifically classified as a Class B felony, indicating that, had the legislature wished to do so, it could have classified child abuse as a felony also.”
A.D. ex rel. McGhee v. Alabama Dep't of Human Resources, 995 F. Supp. 2d 1253 (N.D. Ala. 2014). “Code § 26-15-3.1 , Child Abuse. (Doc. 26-9, Indictment).”
Contreras v. State (In re Contreras), 257 So. 3d 346 (Ala. 2018). · cites it 6× “) The "other felony" underlying Contreras's conviction was predicated on the crime of aggravated child *347 abuse set out in Ala. Code 1975, § 26-15-3.1 : "A responsible person, as defined in [ Ala.”
McInvale v. State, 238 So. 3d 693 (Ala. Crim. App. 2017). · cites it 4× “, appealed from his convictions for aggravated child abuse, a violation of § 26-15-3.1(3), 1 Ala. Code 1975, and second-degree domestic violence, a violation of § 13A-6-131, Ala.”
Contreras v. Thomas (INMATE 3) (M.D. Ala. 2024). · cites it 3× “” Ala. Code § 26-15-3.1 . A responsible person is defined as “[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.”
J.M.M. v. State of Alabama (Appeal from Russell Circuit Court: CC-20-755) (Ala. Crim. App. 2025). · cites it 3× “The State's evidence tended to show that on August 22, 2020, emergency personnel were dispatched to an address on Old Glory Way at Fort Mitchell in response to an emergency 911 call that a child had slipped in the tub.”
A.E.M. v. State of Alabama (Appeal from Russell Circuit Court: CC-20-754) (Ala. Crim. App. 2025). · cites it 3× “The State's evidence tended to show that on August 22, 2020, emergency personnel were dispatched to an address on Old Glory Way at Fort Mitchell in response to an emergency 911 call that a child had slipped in the tub.”
In re: State of Alabama v. Mason John Grimes (Ala. 2026). · cites it 3× “Code 1975; and aggravated child abuse, see § 26-15-3.1, Ala. Code 1975. 3 SC-2025-0172 and SC-2025-0279 § 13A-5-40(a)(15).”
Show all 16 citing cases →
— Ala. Code § 26-15-3.1(3) — 1 case
McInvale v. State, 238 So. 3d 693 (Ala. Crim. App. 2017). “, appealed from his convictions for aggravated child abuse, a violation of § 26-15-3.1(3), 1 Ala. Code 1975, and second-degree domestic violence, a violation of § 13A-6-131, Ala.”
— Ala. Code § 26-15-3.1(a)(3) — 2 cases
Graham v. State, 210 So. 3d 1148 (Ala. Crim. App. 2016). “After Woods was decided, the legislature created a new offense—aggravated child abuse—which is codified at § 26-15-3.1, Ala.Code 1975, and which became effective August 1, 2001.”
McInvale v. State, 238 So. 3d 693 (Ala. Crim. App. 2017). “, appealed from his convictions for aggravated child abuse, a violation of § 26-15-3.1(3), 1 Ala. Code 1975, and second-degree domestic violence, a violation of § 13A-6-131, Ala.”
— Ala. Code § 26-15-3.1(b) — 3 cases
McInvale v. State, 238 So. 3d 693 (Ala. Crim. App. 2017). “, appealed from his convictions for aggravated child abuse, a violation of § 26-15-3.1(3), 1 Ala. Code 1975, and second-degree domestic violence, a violation of § 13A-6-131, Ala.”
In re: State of Alabama v. Mason John Grimes (Ala. 2026). “Code 1975; and aggravated child abuse, see § 26-15-3.1, Ala. Code 1975. 3 SC-2025-0172 and SC-2025-0279 § 13A-5-40(a)(15).”
In re: State of Alabama v. Brooklyn Paige Grimes (Ala. 2026).
— Ala. Code § 26-15-3.1(b)(1) — 2 cases
J.M.M. v. State of Alabama (Appeal from Russell Circuit Court: CC-20-755) (Ala. Crim. App. 2025). “The State's evidence tended to show that on August 22, 2020, emergency personnel were dispatched to an address on Old Glory Way at Fort Mitchell in response to an emergency 911 call that a child had slipped in the tub.”
A.E.M. v. State of Alabama (Appeal from Russell Circuit Court: CC-20-754) (Ala. Crim. App. 2025). “The State's evidence tended to show that on August 22, 2020, emergency personnel were dispatched to an address on Old Glory Way at Fort Mitchell in response to an emergency 911 call that a child had slipped in the tub.”
— Ala. Code § 26-15-3.1(b)(2) — 2 cases
J.M.M. v. State of Alabama (Appeal from Russell Circuit Court: CC-20-755) (Ala. Crim. App. 2025). “The State's evidence tended to show that on August 22, 2020, emergency personnel were dispatched to an address on Old Glory Way at Fort Mitchell in response to an emergency 911 call that a child had slipped in the tub.”
A.E.M. v. State of Alabama (Appeal from Russell Circuit Court: CC-20-754) (Ala. Crim. App. 2025). “The State's evidence tended to show that on August 22, 2020, emergency personnel were dispatched to an address on Old Glory Way at Fort Mitchell in response to an emergency 911 call that a child had slipped in the tub.”
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