SB356 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Cam Ward
Republican
Co-Sponsor: Phillip W. Williams
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penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100, 13A-8-101, 13A-8-102, 13A-8-103 repealed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: SB356 replaces Alabama's old computer crimes law with the Alabama Digital Crime Act, creating new cyber offenses, enforcement rules, and equipment forfeiture provisions.
What This Bill Does
It repeals the existing computer crime act and creates the Alabama Digital Crime Act, adding crimes such as computer tampering, encoded data fraud, phishing, electronic harassment, and cyberstalking. It defines key terms and clarifies what actions would count as these crimes. It sets penalties that vary from misdemeanors to felonies depending on intent, harm, financial loss, or disruption, and it establishes enforcement and jurisdiction rules, including forfeiture of equipment used in crimes. It also allows civil actions for phishing with damages and restitution, and outlines cooperation requirements for service providers and cross-border records handling.

Who It Affects
Victims and potential victims (individuals and businesses) who would be protected by new offenses and remedies, including civil actions for phishing and restitution.
Law enforcement, prosecutors (Attorney General and district attorneys), and electronic communications service providers or similar entities, who gain new investigative, prosecutorial, and forfeiture authorities and duties.

Key Provisions
Repeals Sections 13A-8-100, 13A-8-101, 13A-8-102, and 13A-8-103 and replaces them with The Alabama Digital Crime Act.
Creates crimes: computer tampering, encoded data fraud, phishing, electronic harassment, and cyberstalking, with defined terms for key concepts like access, computer, data, and network.
Sets penalties based on severity: generally Class A misdemeanor for tampering; Class C, B, or A felonies if the offense involves intent to defraud, harm, substantial financial loss, or disruption of services.
Establishes prosecution jurisdiction and procedures, including where cases may be tried and how records related to investigations may be handled.
Provides for forfeiture of computers, systems, or related equipment used in the crime, with proceeds used for enforcement, restitution, and law enforcement purposes.
Authorizes civil action for phishing violations, with damages up to $25,000 per violation, potential trebled damages for pattern violations, and restitution priorities for victims.
Grants limited protections for interactive service providers acting in good faith regarding takedown or access decisions.
Gives law enforcement authority to obtain stored communications and records, with warrants and statewide applicability, and requires compliance by service providers under US law.
Requires Alabama corporations to respond to out-of-state warrants as if issued by an Alabama court, subject to contempt penalties for noncompliance.
Allows prosecution under either the new act or existing laws, and notes the act’s effective date (three months after passage/approval).
Notes that the local-funds expenditure requirements of Amendment 621 do not apply because the bill defines a new crime or amends existing crimes.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses