HB401 Alabama 2023 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Sections 6-5-160, 6-5-160.1, and 13A-12-200.1, Code of Alabama 1975, to provide that the use of any premises to distribute material that is harmful to minors is a public nuisance; to further provide for the definition of "sexual conduct;" to make nonsubstantive, technical revisions to update the existing code language to current style; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB401 would declare premises that distribute material harmful to minors a public nuisance, expand the definition of sexual conduct, update the code language, and provide an exemption from local-funds rules because it creates or amends a crime.

What This Bill Does

It adds that using any premises to distribute material harmful to minors is a public nuisance and can be targeted by court action to abate or enjoin the nuisance. It broadens and clarifies definitions related to sexual conduct and related terms (including what counts as adult material) and includes technical revisions to update language. It also states the bill is exempt from local-funds expenditure requirements because it creates or changes a crime, and it becomes effective after the usual constitutional timing.

Who It Affects

• Premises operators and businesses that distribute material to minors (such as stores or venues hosting pornographic or harmful material) could have their premises deemed a public nuisance and face legal actions to stop the distribution.
• Local governments (counties and municipalities) and state prosecutors (Attorney General, district attorneys) would have the authority to file circuit court actions to abate, enjoin, or prevent nuisances, with local entities able to authorize such actions by ordinance or resolution.

Key Provisions

• Amends 6-5-160 and 6-5-160.1 to declare that distributing material harmful to minors on premises is a public nuisance and to allow AG, district attorneys, or local officials to sue to abate or enjoin the nuisance; counties/municipalities may authorize such actions.
• Adds and expands definitions in 13A-12-200.1, including terms for adult establishments (adult bookstores, adult video stores, adult movie houses), sexual conduct, harmful to minors, obscenity, nudity (breast and genital), display for sale, disseminate, import, and related concepts to guide enforcement.
• Clarifies that sexual conduct is prohibited in certain places (e.g., K-12 schools, libraries, and other public places where minors are present) as part of the definitions.
• Makes nonsubstantive, technical revisions to update code language to current style.
• Section 2 provides that the bill is excluded from the local-funds expenditure requirements under Section 111.05 of the Alabama Constitution because it defines a new crime or amends an existing one; Section 3 sets the effective date as the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.