The bill amends Section 13A-6-240 of the Code of Alabama 1975 to address crimes related to private images. It introduces a new offense, prohibiting the creation of a private image without the consent of the depicted individual who had a reasonable expectation of privacy against such creation, recording, or alteration. The bill also revises the existing crime of distributing a private image, updating the language to replace "person" with "individual" and clarifying that the offense occurs when a private image is distributed without the depicted individual's consent and when the individual had a reasonable expectation of privacy against the transmission.

The bill defines "private image" more comprehensively, including manipulated recordings and those that a reasonable person would believe depict an identifiable individual. It outlines circumstances that constitute a reasonable expectation of privacy and provides defenses for distributing private images in the public interest or as part of lawful practices. Jurisdiction for these crimes is expanded, and penalties are specified, with a violation being a Class A misdemeanor and subsequent offenses being a Class C felony. The bill also protects internet service providers, search engines, and technology developers from being held liable solely for providing access to or the means for transmitting private images. The act is set to become effective on October 1, 2024.

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