HB385 Alabama 2024 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2024

Title

Crimes and offenses, provided that the use of any premises to distribute material that is harmful to minors is a public nuisance and further provided for the definition of "sexual conduct"

Summary

HB385 makes distributing material harmful to minors from premises a public nuisance, narrows library obscenity exemptions so public and public school libraries are subject to criminal obscenity laws while college and university libraries remain exempt, and updates definitions and enforcement provisions with an October 1, 2024 effective date.

What This Bill Does

It designates the use of premises to distribute material harmful to minors as a public nuisance, allowing authorities to seek abatement or injunction in circuit court. It updates the definitions of sexual conduct and related terms used in obscenity and sexual content provisions. It changes which libraries are exempt from obscenity laws by making public libraries and public school libraries subject to those laws, while college and university libraries remain exempt. It gives state and local officials power to pursue actions to stop the nuisance and includes a seven business day removal/cease requirement for K-12 libraries after notice, with an October 1, 2024 start date for the new provisions.

Who It Affects

• Owners/operators of premises that distribute material harmful to minors on site, who could face nuisance abatement actions and related penalties.
• Public libraries and public school libraries and their employees, who would be subject to criminal obscenity laws (unlike college/university libraries, which stay exempt) and must respond to notices to remove disallowed material.

Key Provisions

• Makes distributing material harmful to minors from premises a public nuisance and allows abatement actions in circuit court.
• Expands and clarifies definitions of sexual conduct and related terms used in obscenity and harm to minors provisions.
• Revises library exemptions by removing the shield for public and public school libraries, while keeping college/university library exemptions; adds a seven business day removal/cease requirement for K-12 libraries after notice.
• Provides enforcement mechanisms involving the Attorney General, district attorneys, or local authorities; outlines that actions may be filed to abate or enjoin nuisances; effective date is October 1, 2024, with nonsubstantive technical updates.

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

Subjects

Crimes & Offenses