The Alabama Child Protection Act of 2024, also known as HB168, aims to enhance legal protections against child sexual abuse material by amending various sections of the Code of Alabama. Key changes include redefining "child sexual abuse material" to encompass any visual depiction of individuals under 18 engaged in sexually explicit conduct, including virtually indistinguishable representations. The bill raises the age threshold for separate offenses from 17 to 18 years and replaces the term "obscene matter" with "child sexual abuse material" to underscore the severity of these offenses. It also establishes civil liability for individuals involved in the distribution, possession, and production of such material, with each depiction constituting a separate offense. Additionally, the bill introduces an affirmative defense for defendants if the depicted individual was 18 or older at the time of the offense.

Significantly, the bill addresses the issue of artificially-generated child sexual abuse material, treating it as equivalent to actual child sexual abuse material under the law. It mandates the State Board of Education to require local school boards to develop policies on student discipline and education regarding the distribution of private images and child sexual abuse material, including a prohibition on AI-generated explicit content. The bill also repeals Section 13A-12-195, which dealt with the commercial exploitation of obscene material, and includes provisions to protect internet service providers from liability for merely providing access to such content. The act is set to take effect on October 1, 2024.

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
Engrossed: 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
Enrolled: 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