SB224 Alabama 2023 Session

Summary

Primary Sponsor

Vivian Davis Figures Senator

Democrat

Session

Regular Session 2023

Title

Relating to crimes and offenses; to amend Section 13A-6-111, Code of Alabama 1975, to provide for the age of a child for the crime of transmitting obscene material to a child by computer; to amend Section 13A-6-240, Code of Alabama 1975, to establish jurisdiction for a violation of distributing a private image; to amend Section 13A-13-3, Code of Alabama 1975, to further provide for the crime of incest; 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.

Description

Under existing law, the crime of transmitting obscene material to a child by computer is a Class B felony.

This bill would clarify that for the purpose of this crime, a child is a person who is under 16 years of age.

Under existing law, a person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted in certain circumstances.

This bill would clarify that a criminal proceeding for a violation of distributing a private image could be brought in any county in which any part of the crime took place, in the county of residence of the victim, or any county where the image was received.

Under existing law, a violation of incest is a Class C felony.

This bill would provide that a violation of incest when the victim is under 16 years of age is a Class A felony.

Also under existing law, a person may not be convicted of the crime of incest or of an attempt to SB224 INTRODUCED commit incest unless there is corroborated testimony.

This bill would remove the requirement of corroborated testimony.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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