SB224 Alabama 2023 Session

Summary

Primary Sponsor

Vivian Davis FiguresSenator

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.

Summary

SB224 tightens penalties and definitions for online sexual crimes against minors, expands where private-image cases can be prosecuted, and raises incest penalties when the victim is under 17.

What This Bill Does

It defines a 'child' for transmitting obscene material by computer as anyone under 17, and treats offenders as adults with the offense labeled a Class B felony. It expands jurisdiction for distributing a private image to any county where part of the crime occurred, the victim's county of residence, or where the image was received, and sets penalties as a Class A misdemeanor (with Class C felony on subsequent adjudication) while detailing privacy-related defenses. It raises incest penalties to Class A felony when the victim is under 17 and removes the requirement for corroborating testimony. It notes the bill is exempt from local-fund approval under Alabama's Constitution and establishes an effective date for when it would take effect.

Who It Affects

• Minors under 17 are protected under the transmitted obscene material by computer offense, affecting how victims are defined and how prosecutions proceed (including adult treatment for offenders).
• People who distribute private images and incest offenders: the bill changes where private-image cases can be filed (multi-county options) and increases incest penalties when the victim is under 17, while removing corroboration requirements for incest cases.

Key Provisions

• Amends 13A-6-111: defines 'child' as anyone under 17; transmits obscene material to a child by computer is a Class B felony; offender is tried as an adult; offense is prosecutable in Alabama if the transmission occurs in-state or is received in-state.
• Amends 13A-6-240: establishes that distributing a private image can be prosecuted in any county where the crime occurred, in the victim's or defendant's county of residence, or where the image was received; defines 'private image' and related privacy expectations; first offense is a Class A misdemeanor, with a Class C felony for subsequent adjudications; includes a defense for public-interest distribution.
• Amends 13A-13-3: increases incest penalty to Class A felony when the victim is under 17; removes the requirement for corroborated testimony for incest or attempted incest.
• Section 2: States the bill is exempt from the local-fund approval requirements of Section 111.05 of the Constitution of 2022 due to its definitions of new or amended crimes.
• Section 3: Effective date: the first day of the third month after governor’s approval.

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