The proposed bill amends the Code of Alabama 1975 to enhance regulations regarding the distribution of materials considered harmful to minors. Key changes include the insertion of language that classifies the use of any premises for distributing such materials as a public nuisance and expands the definition of "sexual conduct." The bill introduces the term "material harmful to minors," which refers to content appealing to minors' prurient interests without serious literary, artistic, political, or scientific value. Additionally, it updates existing legal language and specifies that actions to abate public nuisances can be initiated by the Attorney General, district attorney, or authorized local attorneys, aiming to protect children from inappropriate content while respecting First Amendment rights.
Furthermore, the bill HB385 introduces new regulations for K-12 public schools and public libraries concerning exposure to sexually explicit material. It defines prohibited actions, including any sexual or gender-oriented conduct that knowingly exposes minors to individuals in sexually revealing clothing or engaging in lewd activities without parental consent. The bill modifies existing protections for public libraries by removing exemptions and establishing that K-12 public schools and public libraries must address violations within seven business days of receiving valid notice. Penalties for non-compliance increase with repeated offenses, ranging from a Class C misdemeanor for the first violation to a Class A misdemeanor for third or subsequent violations. 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