Under existing law, the term "private image" includes a recording that has been edited, altered, or otherwise manipulated from its original form. This bill would amend the definition of "private image" to include a recording that, to a reasonable person, depicts an identifiable individual regardless of whether the recording was generated through digitization or any other electronic process. Under existing law, the term "visual depiction" includes a portrayal, representation, illustration, image, likeness, or other thing that creates a sensory impression, whether an original, duplicate, or reproduction. This bill would amend the definition of "visual depiction" to include a thing that was generated through digitization or any other electronic process. This bill would define the terms "child sexual abuse material," "digitization," and "recognizable physical characteristic." 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 matter depicting an individual under 17 years of age. This bill would provide that 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 matter depicting an individual under 18 years of age. 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 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 certain obscene material containing a visual depiction of the child, ward, or dependent. 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.

Statutes affected:
Introduced: 13A-6-240, 13A-12-190, 13A-12-191, 13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, 13A-12-197, 13A-12-198, 13A-6-240, 13A-12-190, 13A-12-191, 13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, 13A-12-197, 13A-12-198