The proposed bill amends the Code of Alabama 1975 to strengthen regulations surrounding materials considered harmful to minors and to refine definitions related to sexual conduct. Key insertions include designating any premises that distribute harmful materials as a public nuisance, which allows for legal action against such establishments. The bill also updates the definition of "sexual conduct" and introduces a detailed definition of "harmful to minors," specifying criteria for assessing whether material appeals to minors' prurient interests and lacks serious value. Additionally, it makes technical revisions to existing language, such as changing "the purveyor" to "purveyors" and "premise" to "premises," while clarifying the roles of the Attorney General and local authorities in addressing nuisances related to obscene or harmful materials.
Furthermore, the bill HB385 expands the definition of prohibited conduct in K-12 public schools and public libraries to include any sexual or gender-oriented activities that expose minors to individuals in sexually revealing clothing or engaged in lewd activities, particularly without parental consent. It removes protections for bona fide public libraries and educational institutions from criminal provisions, establishing a process for reporting violations that requires individuals to provide written notice to relevant authorities. Violations are categorized as misdemeanors based on the number of offenses, and the act is set to take effect on October 1, 2024.
Statutes affected: Introduced: 6-5-160, 6-5-160, 13A-12-200, 13A-12-200, 6-5-160, 6-5-160, 13A-12-200, 13A-12-200
Engrossed: 6-5-160, 6-5-160, 13A-12-200, 13A-12-200