House Bill 458 Alabama 2026 Session

Summary

Primary Sponsor

Parker MooreRepresentative

Republican

Session

2026 Regular Session

Title

Crimes and offenses; obscene material, possession with intent to distribute amended

Summary

HB458 would raise the threshold for possession with intent to distribute obscene material to at least 50 items or files and add penalties for distribution, production, and wholesale handling of obscene material, with fines shared with counties, effective October 1, 2026.

What This Bill Does

It changes the crime by making possession of 50 or more obscene items or files with intent to distribute a prosecutable offense. It establishes penalties for distributing obscene material, including devices marketed for sexual stimulation, with misdemeanors up to $10,000 fine and up to one year in county jail, and Class C felonies for second or subsequent offenses (with higher corporate fines). It creates separate penalties for wholesalers and for producing obscene material, including potential felony charges and fines for businesses. It also specifies how fines are allocated between county jail operations and the State General Fund, and sets the effective date as October 1, 2026.

Who It Affects

• Individuals who knowingly possess 50 or more obscene items or files with intent to distribute would face new criminal penalties (misdemeanor or Class C felony on repeat offenses).
• Businesses involved in distributing, wholesaling, or producing obscene material (including corporations) would face fines and potential felonies for violations, with different penalties for general distribution, wholesale distribution, and production.

Key Provisions

• Defines 'possess with intent to distribute' to include actual or constructive possession of at least 50 items or digital files containing obscene material.
• Amends §13A-12-200.2 to prohibit knowingly distributing, possessing with intent to distribute, or offering to distribute obscene material or certain devices, including material that is a commercial exploitation for prurient appeal.
• First offense penalties for general distribution/possession: misdemeanor, up to $10,000 fine, and up to one year in county jail; second or subsequent offenses: Class C felony; corporate fines $10,000–$50,000.
• Wholesaler penalties: for distribution for resale or retail, misdemeanor up to $20,000 fine; second or subsequent offenses: Class C felony; corporate fines $10,000–$50,000.
• Producer penalties: producing obscene material with intent to distribute is a Class C felony.
• Fines from violations may be allocated between county jail operations and the State General Fund (half to county funds, remainder to state funds).
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 17, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses