HB400 Alabama 2012 Session

Summary

Primary Sponsor

Paul DeMarco

Republican

Session

Regular Session 2012

Title

Digital Crime Act, computer crimes, cyberstalking, electronic harassment, phishing, data fraud, and computer tampering, criminal penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100, 13A-8-101, 13A-8-102, 13A-8-103 repealed

Summary

HB400 creates new Alabama computer crime laws (computer tampering, encoded data fraud, phishing), repeals older computer-crime statutes, and introduces forfeiture and enforcement provisions.

What This Bill Does

The bill establishes three new crimes with defined terms and penalties, including computer tampering, encoded data fraud, and phishing. It sets where cases can be heard, allows forfeiture of equipment used in crimes, and permits civil actions for phishing with damages and restitution. It also strengthens law enforcement tools (subpoenas and records access), requires some out-of-state warrant compliance by Alabama providers, and repeals the previous computer-crime statutes.

Who It Affects

• Victims and potential victims of computer tampering, encoded data fraud, and phishing (individuals and businesses) who can seek damages and restitution under the new civil provisions and who may be protected by stronger enforcement.
• Law enforcement, prosecutors, and the Attorney General in Alabama, who gain authority to pursue criminal charges, obtain forfeitures, file civil actions, and issue or request subpoenas for electronic records.

Key Provisions

• Creates new crimes: computer tampering, encoded data fraud, and phishing, with defined terms (e.g., access, computer, data, and authorized use).
• Penalties tiered by offense: general computer tampering is a Class A misdemeanor (with higher felonies for harm, large losses, or certain effects on government/public services; encoded data fraud is a Class C felony; phishing is a Class C felony; CJIS-related violations can be Class B).
• Forfeiture of property: computers and related equipment used in the offense can be seized and forfeited to the state, with proceeds used first for court costs and then for restitution and law-enforcement purposes.
• Civil remedies for phishing: AG or district attorney may sue violators, can recover actual damages or up to $25,000 per violation (whichever is greater), with possible tripling of damages for pattern-based violations; proceeds allocated to restitution and state/agency use.
• Enforcement tools and records: allows authorized officials to obtain stored communications and records with appropriate warrants or orders, and requires service providers to comply with lawful requests for subscriber information and content.
• Provider protection: interactive service providers are not liable for removing or restricting access to content they reasonably believe is used to violate phishing provisions.
• Venue and cross-state issues: outlines venues for prosecution and provides that an Alabama corporation serving the public must comply with out-of-state warrants as if issued by Alabama courts.
• Repeal and effective date: repeals Sections 13A-8-100 through 13A-8-103 and becomes effective on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses