The bill amends Section 13A-6-240 of the Code of Alabama 1975 to establish new legal definitions and penalties 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 without their consent, and when that individual has a reasonable expectation of privacy. The bill also modifies the language to replace "person" with "individual" throughout the section, and it clarifies the definition of "private image" to include various forms of recordings that depict identifiable individuals engaged in sexual conduct, as well as edited or manipulated recordings.

Additionally, the bill outlines defenses against charges of distributing a private image, particularly when the distribution serves the public interest. It specifies that violations of this section 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 to content or technology used by others to commit violations. 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