The proposed bill amends Section 13A-6-240 of the Code of Alabama 1975 to enhance consumer protection against the unauthorized distribution and creation of private images. It establishes that a person commits the crime of distributing a private image if they do so without the depicted individual's written consent and when that individual has a reasonable expectation of privacy. The bill introduces new definitions, including "private image," "illicit material," and "material contribution," while outlining the circumstances under which a reasonable expectation of privacy exists. It also specifies that violations are classified as a Class A misdemeanor, escalating to a Class C felony for subsequent offenses. Notably, the bill deletes the previous provision that held developers liable for creating technology used to violate the law, replacing it with language that protects those who provide neutral tools while holding accountable those who design or promote technology that facilitates the creation of private images.

Additionally, the bill creates private rights of action for individuals depicted in illicit material, allowing them to seek damages from violators who fail to act on removal requests within 72 hours. It mandates that website and application owners provide an accessible system for removal requests and clear information about the removal process. Violations are classified as deceptive trade practices, enabling the Attorney General to impose civil penalties of up to $7,500 per violation and seek punitive damages for patterns of reckless conduct. The bill establishes a one-year statute of limitations for claims and clarifies that private rights of action are not affected by any enforcement actions taken by the Attorney General. The act is set to take effect on October 1, 2026.

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