HB4 Alabama 2025 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

2025 Regular Session

Title

Crimes and offenses, further provides for obscenity crimes

Summary

HB4 would redefine sexual conduct and change how Alabama’s obscenity laws apply to libraries, exempting college/university libraries while allowing certain controls on public and K-12 libraries, with new notice-and-action procedures and an Oct. 1, 2025 effective date.

What This Bill Does

Defines a broad set of terms related to obscenity (e.g., adult bookstores, adult movie houses, nudity, sexual conduct) to guide enforcement. Alters applicability of criminal obscenity provisions so college and university libraries and their staff are exempt, while public libraries and public school libraries may be subject to these provisions under certain circumstances. Establishes notice-and-action requirements for challenged library materials or conduct, including timelines for library actions and for notifying residents or parents, and conditions under which law enforcement may be involved. Includes non-substantive, technical updates to modernize the code language and sets an effective date of October 1, 2025.

Who It Affects

• College and university libraries and their employees/agents would be exempt from the criminal obscenity provisions under this bill.
• Public libraries, public school libraries, and their employees/agents would be subject to the criminal obscenity provisions in specific circumstances and must follow the notice-and-action procedures outlined in the bill.

Key Provisions

• Creates detailed definitions for terms used in obscenity laws (e.g., adult bookstores, breast/genital nudity, sexual conduct, minor, obscene, material, distribute, produce) to standardize enforcement.
• Specifies that criminal obscenity provisions do not apply to bona fide public libraries or public school/college/university libraries and their employees when acting for legitimate educational purposes; exceptions apply to K-12 and public libraries under certain conditions.
• Introduces a notice-and-action framework: residents or parents may notify library officials of allegedly violating material or conduct, with libraries required to act within defined timelines (e.g., 15 business days to respond, 5 business days to notify involved parties, 25 business days for further action).
• Allows actions such as moving material to an age-restricted area, removing material, ceasing conduct, or issuing a formal determination that the material does not violate the division.
• Reminds that warrants or indictments cannot be issued for violations until required documentation from the notice process has been received.
• Effective date established as October 1, 2025, with non-substantive technical revisions to update language.

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