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HB458 INTRODUCED
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HB458
SLIR255-1
By Representative Moore (P)
RFD: Judiciary
First Read: 17-Feb-26
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SLIR255-1 02/12/2026 THR (L)THR 2026-766
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First Read: 17-Feb-26
SYNOPSIS:
Under existing law, it is unlawful for a person
to knowingly possess with intent to distribute obscene
material.
This bill would provide that a person who is
knowingly in actual or constructive possession of at
least 50 items or digital files containing obscene
material is guilty of knowingly possessing with intent
to distribute obscene material.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to further provide for
the crime of possession with intent to distribute obscene
material.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-12-200.2, Code of Alabama 1975,
is amended to read as follows:
"§13A-12-200.2
(a)(1) It shall be unlawful for any person to knowingly
distribute, possess with intent to distribute, or offer or
agree to distribute any obscene material or any device
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agree to distribute any obscene material or any device
designed or marketed as useful primarily for the stimulation
of human genital organs for any thing of pecuniary value.
Material not otherwise obscene may be obscene under this
section if the distribution of the material, the offer to do
so, or the possession with the intent to do so is a commercial
exploitation of erotica solely for the sake of prurient
appeal.
(2) Any person who violates this subsection shall be
guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not more than ten thousand dollars
($10,000) and may also be imprisoned in the county jail or
sentenced to hard labor for the county for not more than one
year.
(3) A second or subsequent violation of this
subdivision subsection is a Class C felony if the second or
subsequent violation occurs after a conviction has been
obtained for a previous violation. Upon a second violation, a
corporation or business entity shall be fined not less than
ten thousand dollars ($10,000) nor more than fifty thousand
dollars ($50,000).
(2)(b)(1) It shall be unlawful for any person, being a
wholesaler, to knowingly distribute, possess with intent to
distribute, or offer or agree to distribute, for the purpose
of resale or commercial distribution at retail, any obscene
material or any device designed or marketed as useful
primarily for the stimulation of human genital organs for any
thing of pecuniary value. Material not otherwise obscene may
be obscene under this section if the distribution of the
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be obscene under this section if the distribution of the
material, the offer to do so, or the possession with the
intent to do so is a commercial exploitation of erotica solely
for the sake of their prurient appeal.
(2) Any person who violates this subsection shall be
guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not more than twenty thousand dollars
($20,000) and may also be imprisoned in the county jail or
sentenced to hard labor for the county for not more than one
year.
(3) A second or subsequent violation of this
subdivision subsection is a Class C felony if the second or
subsequent violation occurs after a conviction has been
obtained for a previous violation. Upon a second violation, a
corporation or business entity shall be fined not less than
ten thousand dollars ($10,000) nor more than fifty thousand
dollars ($50,000).
(3)(c)(1) It shall be unlawful for any person to
knowingly produce, or offer or agree to produce, any obscene
material or any device designed or marketed as useful
primarily for the stimulation of human genital organs for any
thing of pecuniary value. Material not otherwise obscene may
be obscene under this section if the distribution of the
material, the offer to do so, or the possession with the
intent to do so is a commercial exploitation of erotica solely
for the sake of prurient appeal.
(2) Any person who violates this subsection shall be
guilty of a Class C felony.
(4)(d) If a person is held under this section in the
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(4)(d) If a person is held under this section in the
county jail, one-half of any fines collected and due to be
deposited to the State General Fund for violations of this
section shall be paid by the Comptroller to the general fund
of the county where the person is held for the operation of
the county jail.
(e) For the purposes of this section, the term "possess
with intent to distribute" includes to knowingly be in actual
or constructive possession of at least 50 items or digital
files containing obscene material. "
Section 2. This act shall become effective on October
1, 2026.
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