The Alabama Child Protection Act of 2024, also known as HB168, aims to enhance legal measures against child sexual abuse material by amending various sections of the Code of Alabama. Key provisions include a clarified definition of a child in relation to offenses involving child sexual abuse material, the establishment of a cause of action for certain offenses, and the ability for courts to award punitive damages against offenders. The bill mandates the State Board of Education to require local school boards to create policies addressing these crimes, and it repeals Section 13A-12-195, which dealt with the commercial exploitation of obscene material. Notably, the bill treats artificially-generated child sexual abuse material as equivalent to actual child sexual abuse material, subjecting it to the same criminal penalties.

Additionally, HB168 raises the age threshold for individuals depicted in child sexual abuse material from under 17 to under 18 years, and it modifies evidentiary requirements for proving age in visual depictions. The bill criminalizes the production, dissemination, and possession of child sexual abuse material, classifying these offenses as Class A or Class B felonies, depending on the nature of the crime. It also introduces protections for internet service providers against liability for merely providing access to such content. The act requires local education boards to develop policies prohibiting the distribution of private images, including those generated by artificial intelligence, and mandates that these policies be disseminated widely before the 2024-2025 school year. 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