HB168 Alabama 2024 Session

Summary

Primary Sponsor

Matt Woods Senator

Republican

Session

Regular Session 2024

Title

Crimes & Offenses, raises max. age for offenses involving obscene materials with depictions of children, authorizes punitive damages for victims of those offenses, and directs Board of Ed. to require policies related to those offenses

Description

This bill would define the terms "child sexual abuse material," "sexually explicit conduct," and "virtually indistinguishable depiction." Under existing law, it is unlawful for any person to knowingly disseminate, display publicly, knowingly possess, knowingly possess with intent to disseminate, or knowingly film, print, record, photograph, or otherwise produce certain obscene material depicting an individual under 17 years of age.

This bill would provide that it is unlawful for any person to knowingly disseminate, distribute, display publicly, knowingly possess, knowingly possess with intent to disseminate, or knowingly film, print, record, photograph, or otherwise produce child sexual abuse material.

This bill would also provide that it is unlawful for any person to knowingly advertise, promote, present, or solicit by any means, including by computer, child sexual abuse material.

Under existing law, it is unlawful for any parent or guardian to knowingly permit or allow their child, ward, or dependent under 17 years of age to engage in the production of certain obscene material containing a visual depiction of the child, ward, or HB168 INTRODUCED dependent.

This bill would provide that it is unlawful for any parent or guardian to knowingly permit or allow their child, ward, or dependent under 18 years of age to engage in the production of child sexual abuse material depicting the child, ward, or dependent.

This bill would authorize an individual to commence a civil action against a person who commits the crime of distribution of a private image, dissemination or public display of child sexual abuse material, possession of child sexual abuse material, possession with intent to distribute child sexual abuse material, permitting or allowing a child, ward, or dependent to engage in the production of child sexual abuse material as a parent or guardian, or production of child sexual abuse material.

This bill would also authorize a court to award certain punitive damages against an individual who, with wantonness or malice, commits the crime of distribution of a private image, dissemination or public display of child sexual abuse material, possession of child sexual abuse material, possession with intent to distribute child sexual abuse material, permitting or allowing a child, ward, or dependent to engage in the production of child sexual abuse material as a parent or guardian, or production of child sexual abuse material.

This bill would direct the State Board of HB168 INTRODUCED Education to require local school boards to develop policies related to the distribution of private images and the distribution, dissemination, public display, possession, possession with intent to distribute, and production of child sexual abuse material.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

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 section. 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 section.

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Subjects

Crimes & Offenses