SB109 Alabama 2024 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

Regular Session 2024

Title

Crimes & Offenses, raises maximum age for offenses involving minors & sexually explicit conduct, authorizes punitive damages for victims of those offenses, directs Board of Education to require policies related to those offenses

Summary

SB109 tightens Alabama law on child sexual abuse material by raising the age for offenses to 18, broadening criminal and civil remedies, and requiring schools to adopt protective policies.

What This Bill Does

It defines key terms related to child sexual abuse material and sexually explicit conduct. It makes it unlawful to disseminate, distribute, display publicly, possess, or produce such material, including advertising or soliciting it. It allows civil actions by victims against offenders and authorizes punitive damages up to $25,000 per image in certain cases, with additional liability for parents or guardians who permit a child to engage in production. It requires the State Board of Education to direct local boards to develop policies addressing distribution and production of child sexual abuse material (and to ban AI-generated explicit images), repeals a related prior statute, and sets an effective date of October 1, 2024.

Who It Affects

• Offenders and potential offenders (including parents/guardians) who distribute, possess, or produce child sexual abuse material; penalties include Class A felonies for certain productions and Class B/C felonies for others, plus civil liability and punitive damages.
• Students, families, and school communities, as local boards of education must adopt and disseminate policies to address these offenses and prohibit AI-generated explicit images.

Key Provisions

• Definitions of child sexual abuse material, sexually explicit conduct, and virtually indistinguishable depiction.
• Expanded criminal offenses: unlawful distribution, display, possession, possession with intent to distribute, production, and advertising of child sexual abuse material; age reference updated to protect individuals under 18.
• Civil liability for victims: allows lawsuits against offenders and certain associated parties with damages (including actual damages, costs, attorney fees) and punitive damages up to $25,000 per image.
• Parental/guardian liability: makes it illegal for a parent or guardian to knowingly permit a child to engage in production of child sexual abuse material.
• School policy requirement: State Board of Education must require local boards to develop and broadly disseminate policies on distribution and production of child sexual abuse material, including prohibition of AI-generated explicit images.
• Repeal and updates: repeals the commercial exploitation statute (13A-12-195) and updates several code sections to align with current language.
• Effective date: the act becomes effective October 1, 2024.

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