AL HB161

Creates new crime of creating a private image by knowingly creating, recording, or altering intimate images without the depicted individual's consent when they have a reasonable expectation of privacy.

Expands existing crime of distributing private images to include non-consensual distribution of photographs, videos, or recordings depicting sexual conduct, nudity, or sadomasochistic abuse.

Defines "private image" to include edited, altered, or artificially generated recordings that a reasonable person would believe depicts an identifiable individual engaged in sexual activity.

Establishes affirmative defense for distribution made in the public interest, including reporting unlawful conduct, law enforcement actions, legal proceedings, or preventing further distribution.

Imposes penalties of Class A misdemeanor for first violation and Class C felony for subsequent violations; exempts internet service providers and technology developers from liability solely for providing access or infrastructure.

Effective date: October 1, 2024.