Ala. Code » Title 26 · Chapter 15

Ala. Code § 26-15-3

Torture, Willful Abuse, Etc., of Child Under 18 Years of Age by Responsible Person

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Section 26-15-3

Torture, Willful Abuse, Etc., of Child Under 18 Years of Age by Responsible Person.

A responsible person who shall torture, willfully abuse, willfully mistreat, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years, on conviction, shall be guilty of a Class C felony.

(Acts 1977, No. 502, p. 658, §3; Act 2006-531, p. 1224, §1; Act 2023-466, §1.)

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Notes of Decisions
Cited in 32 cases (3 in the last 5 years), 1980–2025 · leading case: Franklin v. State
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Franklin v. State (2008) alacrimapp · cites it 38× “Franklin first argues that her sentence is illegal because, she claims, she was charged with and convicted of "child abuse" as set forth in § 26-15-3, rather than "aggravated child abuse" as set forth in § 26-15-3.”
Kennedy v. State (2005) alacrimapp · cites it 13× “On June 3, 2004, the trial court sentenced Kennedy, as a habitual felony offender, [1] to 20 years in prison, but split the sentence and ordered Kennedy to serve 3 years in prison, to be followed by 5 years on supervised probation.”
Graham v. State (2016) alacrimapp · cites it 15× “Jessica Porter Graham was convicted of child abuse, see § 26-15-3, Ala.Code 1975, and was sentenced to five years’ imprisonment.”
Pearson v. State (1992) alacrimapp · cites it 6× “Feordis and Annette Pearson, husband and wife, were indicted for the felony of child abuse, a violation of Ala.Code 1975, § 26-15-3. After a jury trial, they were convicted of the misdemeanor offense of endangering the welfare of a child, a violation of Ala.”
Gobble v. State (2010) alacrimapp · cites it 3× “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.”
T.L.S. v. Lauderdale County Department of Human Resources (2013) alacivapp · cites it 4× “2 On June 24, 2010, the mother was convicted of violating § 26-15-3, Ala.Code 1975. 3 She received a 36-month prison sentence, which was suspended, and she was placed on probation.”
Kennedy v. State (2004) ga · cites it 2× “[1] Compare OCGA § 19-7-5(b)(3)(A) (for mandatory reporting purposes, "child abuse" is nonaccidental "physical injury or death inflicted upon a child by a parent or caretaker"); Ala.Code § 26-15-3 (felony child abuse committed when certain persons "torture, willfully abuse,…”
Phelps v. State (1983) alacrimapp · cites it 2× “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…”
Woods v. State (1998) alacrimapp · cites it 4× “The appellant, Gregory Eugene Woods, was convicted of child abuse, a violation of § 26-15-3, Ala. Code 1975. He was sentenced to five years in the penitentiary and was also ordered to pay a $500 fine and a victim's compensation assessment of $100.”
Commonwealth v. Raposo (1992) mass · cites it 2× “1983) (child abuse statute, Ala. Code § 26-15-3 , encompasses acts of omission as well as of commission); Cal.”
State v. DePiano (1996) ariz · cites it 2× “See Ala. Code § 26-15-3 (1975); Idaho Code § 18-1501 (1) (1987); Ky.”
R.M. v. Elmore Cty. Dept. of Resources, 2091106 (ala.civ.app. 7-15-2011) (2011) alacivapp “], a child under the age of eighteen (18) years by hitting the said child on the buttocks and legs, hitting the child in the head, and failing to provide for the basic needs of the child, in violation of Section 26-15-3, Code of Alabama, 1975.” The mother was also indicted on…”
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