HB400 - The Alabama Digital Crime Act

• Establishes three new computer crimes: computer tampering, encoded data fraud, and phishing, with penalties ranging from Class A misdemeanor to Class A felony depending on intent, victim expenditure, and whether critical infrastructure is affected.

• Computer tampering includes unauthorized access, alteration, or destruction of computers and networks; penalties increase to Class B felony if damages exceed $2,500 or impact governmental operations, and to Class A felony if damages exceed $100,000 or cause physical injury.

• Encoded data fraud prohibits possessing or using scanning devices and reencoders to access or alter identification document information without authorization; violations are Class C felonies with devices subject to seizure and destruction.

• Phishing crime involves fraudulently soliciting identifying information via internet, web pages, or email while falsely representing a business; Class C felony with civil remedies allowing Attorney General or district attorney to recover damages of at least $25,000 per violation or three times that amount for pattern violations.

• Establishes jurisdiction for prosecution in multiple counties, authorizes law enforcement to obtain electronic communications and records, mandates forfeiture of computers and devices used in crimes, and repeals prior computer crime statutes; becomes effective three months after passage.