Code of Alabama
Ala. Code § 6-5-370 (2026)
Civil Action Without Criminal Prosecution.
✓ official Alabama Legislature (ALISON) text, current July 2026
For any injury, either to person or property, amounting to a felony, a civil action may be commenced by the party injured without prosecution of the offender.
(Code 1867, §4423; Code 1876, §2900; Code 1886, §2584; Code 1896, §22; Code 1907, §2481; Code 1923, §5691; Code 1940, T. 7, §113.)
Notes of Decisions
Cited in 24
cases (3 in the last 5 years), 1986–2024 · leading case: Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003).
Preskitt v. Lyons, 865 So. 2d 424 (Ala. 2003). “" Preskitt first argues that the trial court in its order misconstrued her complaint, and that she was actually asserting a civil cause of action "under common-law rules" for her extortion and attempted extortion claims, as opposed to relying only on statutory law.”
Lewis v. Fraunfelder, 796 So. 2d 1067 (Ala. 2001). “She argues, instead, that her claims alleging "civil mail fraud" and "civil credit-card fraud" are cognizable under Ala.Code 1975, § 6-5-370, which, she argues, authorizes a civil action "[f]or any injury .”
Bell Aerospace Servs., Inc. v. U.S. Aero Servs., Inc., 690 F. Supp. 2d 1267 (M.D. Ala. 2010). “Bell Aerospace asserts a theft-of-intellectual-property claim, based on 1975 Ala.Code § 6-5-370, against all defendants.”
Allen v. Scott (In re Scott), 481 B.R. 119 (Bankr. N.D. Ala. 2012). “” Ala.Code 1975, § 6-5-370. This has come to be known as “felonious injury,” but it is of little help to the plaintiff here.”
Glazner v. Glazner, 347 F.3d 1212 (11th Cir. 2003). “Ala.Code § 6-5-370 (1994). Furthermore, the Alabama Supreme Court has held that interspousal wiretapping violates Title III.”
Ages Grp., LP v. Raytheon Aircraft Co., Inc., 22 F. Supp. 2d 1310 (M.D. Ala. 1998). “AGES points out that under Alabama Code § 6-5-370, an injured party may reeov *1320 er civilly for violation of a criminal statute amounting to a felony without the criminal prosecution of the offender, for any injury to person or property.”
Schoenvogel v. Venator Grp. Retail, Inc., 895 So. 2d 225 (Ala. 2004). “Andrea Schoenvogel alleges causes of action for negligent or wanton hiring, supervision, retention and entrustment; assault and battery; invasion of privacy; outrage; violation of the Employer's Liability Act, § 25-6-1, Alabama Code; and felonious injury in violation of §…”
Thomas v. McKee, 205 F. Supp. 2d 1275 (M.D. Ala. 2002). “Rather, they ask the court to exercise supplemental jurisdiction over civil claims brought pursuant to Ala. Code § 6-5-370 (1975). This statute states that for “any injury, either to person or property, amounting to a felony, a civil action may be commenced by the party injured…”
Matter of Poole Funeral Chapel, Inc., 63 B.R. 527 (Bankr. N.D. Ala. 1986). “1975, § 6-5-370 and its predecessors (civil action for injury amounting to a felony).”
Williams v. Goldsmith, 905 F. Supp. 996 (M.D. Ala. 1995). “the defendants were negligent because they seized the automobile in breach of their duty to seize property only through valid process; Count V alleged the defendants were wanton and reckless in seizing the automobile; Count VI alleged defendants breached a duty to properly train…”
Floyd v. Macon Cnty. Comm'n, 707 So. 2d 262 (Ala. Civ. App. 1997). “Yolanda Floyd filed a complaint against Johnny Carter, a Macon County employee, seeking damages against Carter for assault and battery and for a claim under Ala.Code 1975, § 6-5-370. Floyd’s complaint stems from an incident involving inappropriate physical contact between Carter…”
Jones v. Kappa Alpha Order, Inc., 730 So. 2d 197 (Ala. Civ. App. 1997). “Although the Alabama legislature expressly created a civil cause of action for all felonious conduct by enacting § 6-5-370, Ala.Code 1975, anyone convicted of violating § 16-1-23 is guilty of a Class C misdemeanor.”
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