The bill amends Section 13A-6-240 of the Code of Alabama 1975 to establish new criminal offenses related to the creation and distribution of private images without consent. It introduces the crime of creating a private image, which occurs when an individual knowingly creates, records, or alters a private image of another individual who has not consented to such actions and has a reasonable expectation of privacy. The bill also modifies the definition of "private image" to include various forms of recordings and clarifies the circumstances under which a reasonable expectation of privacy exists. Notably, the term "person" is replaced with "individual" throughout the text to ensure consistency.

Additionally, the bill outlines defenses against charges of distributing a private image, particularly when the distribution serves the public interest. It establishes that violations of these provisions are classified as a Class A misdemeanor, with subsequent offenses escalating to a Class C felony. The bill also provides protections for internet service providers and technology developers, stating they cannot be held liable for violations solely based on their provision of access or technology used by others to commit these offenses. The act is set to take effect on October 1, 2024.

Statutes affected:
Introduced: 13A-6-240
Engrossed: 13A-6-240
Enrolled: 13A-6-240