HB164 Enrolled is a bill that seeks to protect minors from exposure to harmful sexual material on adult websites and digital platforms. It mandates age-verification processes to restrict access to individuals under 18 and prohibits the retention of personal identification information post-verification. The bill imposes a 10 percent tax on gross proceeds from sales and services of adult content harmful to minors, with the revenue directed to the Department of Mental Health for behavioral health services. It requires adult websites to display warnings about the dangers of pornography and establishes civil and criminal penalties for non-compliance. The bill also amends Section 13A-6-240 of the Code of Alabama 1975, requiring written consent for the distribution of private images and expanding the definition of "private image." It clarifies the enforcement role of the Attorney General and exempts Internet service providers from liability for content they did not create. The bill includes various effective dates for its provisions, with the majority taking effect on October 1, 2024, and Section 10 on September 1, 2025.

The bill introduces changes to the legal framework surrounding the distribution of sexually explicit material, particularly in how it affects minors. It defines key terms such as "adult website," "commercial entity," and "reasonable age-verification method," and outlines the scope of the Attorney General's authority in enforcing these regulations. The bill also revises the language in Section 13A-6-240, changing "person" to "individual" and broadening the scope of what constitutes a "private image." It sets forth jurisdictional guidelines, defenses, and penalties for distributing private images without consent, elevating the crime to a Class A misdemeanor or a Class C felony for repeat offenses. The bill allows for civil actions against violators and specifies that Internet service providers are not in violation of the act for merely providing access to content. The bill also notes amendments to the dates of passage and concurrence in the Senate and House amendments.

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