LEGAL EASE
by Shane Givens and Summer McWhorter

June 20, 2013

Caylee's Law in Alabama


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Here are some names you might recognize: O.J. Simpson, Jodi Arias, Robert Blake. These individuals, to name a few, are all people who had widely publicized murder trials that played themselves out across the TV screens of the nation. Everyone, seemingly, become an expert on these cases.

A case that tugged at the heartstrings of millions has become the inspiration for a new law in Alabama. In 2008, Florida mother Casey Anthony failed, for 31 days, to report to authorities that her daughter, Caylee, was missing. The child's body was eventually found inside a trash bag.

At the time, Florida had no law on the books to prosecute a parent who failed to notify law enforcement of a child's disappearance. In 2011, Casey Anthony was put on trial for Caylee's murder. After a very public trial, she was convicted of lying to law enforcement but acquitted of the murder. This case seemed to affect people differently than many other well-known cases. The fact that a small child could disappear off the radar, and authorities not even know to look for her, was upsetting to many.

The Anthony case pointed out a huge hole in state laws across the nation, including Florida. Many states began to realize they needed new laws to protect children when their parents refuse to report their disappearance to law enforcement.

Florida became the first state to try and rectify the issue. According to the National Conference of State Legislatures, as of Sept. 19, 2012 at least 11 states had approved similar laws. Eight other legislatures had filed bills.

Alabama had no law on the books for such a situation. It took two tries for the state Legislature to get a law passed. Similar proposed legislation failed last year but time ran out during the session and it was not passed. This year, however, the legislature was able to pass a bill and Gov. Robert Bentley signed it into law.

This new law allows prosecutors in our state to charge parents who fail to report a missing child. There is no specific time limit in which the parents must report a child missing. The lack of a time limit makes the Alabama law a little different from other states with similar laws. The key is that parents cannot have “reckless disregard for the child's safety.” This does not require that the parent actively harms the child. In this case, taking no action can be a criminal act.

If convicted under this new law, a parent could face one to 10 years in prison. For this to happen, the parent must have failed to report the disappearance and the child must suffer serious harm or death. This new law goes into effect Aug. 1.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net.