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HB347 ENGROSSED
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HB347
I3BPNZ6-2
By Representatives Harrison, Butler, Bedsole, Estes,
Underwood, Kiel, Lomax, Robertson, Whorton, Kirkland, Gidley,
Chestnut
RFD: Judiciary
First Read: 29-Jan-26
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First Read: 29-Jan-26
A BILL
TO BE ENTITLED
AN ACT
Relating to consumer protection; to amend Section
13A-6-240, Code of Alabama 1975, to further provide for
certain affirmative defenses; to create certain private rights
of action related to the production or disclosure of, or the
facilitation of or payment for, illicit material; to require
certain consumer recourse; and to provide for enforcement and
penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-6-240, Code of Alabama 1975, is
amended to read as follows:
"§13A-6-240
(a)(1) A person commits the crime of distributing a
private image if he or she knowingly posts, emails, texts,
transmits, or otherwise distributes a private image when the
depicted individual has not consented in writing to the
transmission and the depicted individual had a reasonable
expectation of privacy against transmission of the private
image.
(2) A person commits the crime of creating a private
image if he or she knowingly creates, records, or alters a
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image if he or she knowingly creates, records, or alters a
private image when the depicted individual has not consented
to the creation, recording, or alteration and the depicted
individual had a reasonable expectation of privacy against the
creation, recording, or alteration of the private image.
(b)(1) For purposes of this section, "private image"
means a photograph, digital image, video, film, or other
recording of an individual who is identifiable from the
recording itself or from the circumstances of its transmission
and who is engaged in any act of sexually explicit conduct, as
defined in Section 13A-12-190.
(2) The term includes both of the following:
a. A recording that has been edited, altered, or
otherwise manipulated from its original form.
b. A recording that a reasonable person would believe
actually depicts an identifiable individual, regardless of
whether any portion of the recording depicts another
individual or is artificially generated.
(c)(1) For purposes of this section, a "reasonable
expectation of privacy" includes, but is not limited to,
either of the following circumstances:
a. The individual depicted in the private image created
it or consented to its creation believing that it would remain
confidential.
b. The sexual conduct depicted in the image was
involuntary.
(2) There is no reasonable expectation of privacy
against the transmission of a private image made voluntarily
in a public setting or made with prior written consent in a
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in a public setting or made with prior written consent in a
commercial setting.
(d) It is a defense to distributing a private image if
the distribution of the private image was made in the public
interest, including, but not limited to, the reporting of
unlawful conduct; the lawful and common practices of law
enforcement, legal proceedings, or medical treatment; or a
bona fide attempt to prevent further distribution of the
private image.
(e) The crimes of distributing a private image and
creating a private image shall be considered to be committed
in any county in which any part of the crime took place, in
the county of residence of the victim or defendant, or any
county where the image is received.
(f) A violation of this section is a Class A
misdemeanor. A subsequent adjudication or conviction under
this section is a Class C felony.
(g) If the Attorney General has reason to believe a
person has engaged in, or is engaging in, a violation of this
section, the Attorney General may petition for an emergency
injunction or other necessary relief to enjoin the violation,
and may order the person to provide a copy of the written
consent required by this section.
(h) No Internet service provider, search engine, cloud
service provider, or affiliate or subsidiary of any of the
same, shall be held to have violated this section solely for
providing access or connection to or from a website, other
information or content on the Internet, or a facility, system,
or network not under the control of the provider, including,
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or network not under the control of the provider, including,
but not limited to, the transmission, download, intermediate
storage, or access software of content that is a private image
or is child sexual abuse material to the extent the provider
is not responsible for the creation of the content of the
communication that constitutes the private image or child
sexual abuse material.
(i)(1) No developer or provider of technology shall be
held to have violated this section solely for providing or
developing technology used by another person to violate this
section a neutral, general purpose tool that has substantial
lawful uses and is not designed, marketed, or promoted for the
creation of a private image .
(2) Subdivision (1) shall not apply to any developer or
provider of technology that unreasonably designs, markets,
advertises, promotes, configures, or operates a product or
service in a manner that facilitates, enables, or encourages
the creation, alteration, or generation of a private image,
including by doing any of the following:
a. Promoting the product or tool to generate sexually
explicit, nude, or sexualized images of an identifiable
individual.
b. Providing prompts, tutorials, demonstrations, or
examples instructing users on the process to create a private
image.
c. Training, fine tuning, or configuring a system
primarily for the general of sexually explicit or
nonconsensual sexualized imagery of an identifiable
individual.
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individual.
d. Making a material contribution, as defined in
Section 2 of the act amending this section, to the production,
alteration, or dissemination of a private image.
(3) A developer or provider described in subdivision
(2) shall be deemed responsible for the creation or
facilitation of a private image.
(4) Nothing in this subsection shall be construed to
limit liability where a developer or provider profits from the
production or dissemination of a private image. "
Section 2. (a) For the purposes of this section, the
following terms have the following meanings:
(1) CHILD SEXUAL ABUSE MATERIAL. As defined in Section
13A-12-190, Code of Alabama 1975.
(2) ILLICIT MATERIAL. Any private image or child sexual
abuse material.
(3) MATERIAL CONTRIBUTION. Any action that meaningfully
assists, enables, accelerates, optimizes, or encourages the
production of illicit material.
(4) NUDIFICATION APPLICATION. A system, model, or
software designed, marketed, or used to remove clothing,
simulate nudity, or generate sexualized imagery of an
identifiable individual.
(5) PRIVATE IMAGE. As defined in Section 13A-6-240,
Code of Alabama 1975.
(6) VIOLATOR. Any of the following:
a. A person who owns an Internet website or
application, including a social media platform, and recklessly
facilitates the production or disclosure of illicit material
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facilitates the production or disclosure of illicit material
in exchange for payment.
b. A person who owns a publicly accessible nudification
application from which illicit material is produced.
c. A person who recklessly processes or facilitates
payment for the production or disclosure of illicit material
through a website or application.
(b) A violator shall be liable to an individual
depicted in illicit material for damages arising from the
production or disclosure of the illicit material if the
violator unreasonably disregards that the depicted individual
did not consent to the production or disclosure of the illicit
material.
(c) A notification or request for removal of illicit
material submitted pursuant to this section shall include all
of the following in writing:
(1) The physical or electronic signature of the
identifiable individual depicted in the illicit material, or
an authorized agent of the individual.
(2) The specific illicit material and information
reasonably sufficient to allow the violator to locate and
remove the illicit material.
(3) A brief statement indicating that the identifiable
individual has a good faith belief that the illicit material
is not consensual, including any relevant information that
would allow the violator to determine whether the material was
published without the individual's consent.
(4) Information sufficient to enable the violator to
contact the identifiable individual, or an authorized agent of
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contact the identifiable individual, or an authorized agent of
the individual.
(d) A violator shall be liable to an individual
depicted in illicit material for damages arising from the
production or disclosure of the illicit material if the
individual depicted requests the removal of the illicit
material and the violator hosting the illicit material fails
to both: (i) remove the illicit material within 72 hours of
receiving the request; and (ii) make reasonable efforts to
identify and remove any known identical copies of the illicit
material.
(e) A person who owns an Internet website or
application that facilitates, enables, or encourages the
creation, alteration, or generation of illicit material,
including a social media platform, shall make both of the
following available on the website or application:
(1) An easily accessible system that allows an
individual to submit a request for the removal of illicit
material.
(2) A clear and conspicuous notice, which may be
provided through a clear and conspicuous link to another web
page or disclosure, of the removal process established under
this subsection that meets both of the following criteria:
a. Is written in plain language that is easily read.
b. Provides information regarding the responsibilities
of the person who owns the website or application under this
section, including a description of how an individual can
submit a request for the removal of illicit material and how
to track the status of a request.
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to track the status of a request.
(f) A violation of this section is a deceptive trade
practice actionable under Chapter 19 of Title 8 of the Code of
Alabama 1975. If the Attorney General has reason to believe
that an entity is in violation of this act, the Attorney
General may bring an action against the entity for an unfair
or deceptive trade practice. In addition to other remedies
available under Chapter 19 of Title 8 of the Code of Alabama
1975, the Attorney General may collect a civil penalty of up
to seven thousand five hundred dollars ($7,500) per violation,
reasonable attorney fees, and court costs.
(g) If a violation described in subsection (f) is part
of a consistent pattern of knowing or reckless conduct, the
Attorney General may seek punitive damages against the entity.
(h) An action for a claim under this section must be
brought within one year from the date the Attorney General
knew or reasonably should have known of the alleged violation.
(i) The existence or nonexistence of an enforcement
action by the Attorney General pursuant to this section shall
not bar, delay, or diminish any private right of action.
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................29-Jan-26
Read for the second time and placed
on the calendar:
1 amendment
................12-Feb-26
Read for the third time and passed
as amended
Yeas 104
Nays 0
Abstains 0
................03-Mar-26
John Treadwell
Clerk
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