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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
+FN-JPLTWFF-2
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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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-HB458 INTRODUCED
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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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-HB458 INTRODUCED
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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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-HB458 INTRODUCED
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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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+FISCAL NOTE
+House Bill 458
+Committee: Judiciary Sponsor: Representative Parker Moore
+Analyst: Peter Grogan Date: 03/11/2026
+House Bill 458 as reported by the Committee on Judiciary could increase receipts to the State
+General Fund and municipal general funds from fines; increase receipts to the State General
+Fund, county general funds, municipal general funds, and other funds to which court costs are
+deposited; and could increase the obligations of the State General Fund, local jails, the district
+attorneys, the Department of Corrections, the Board of Pardons and Paroles, and community
+corrections programs by an undetermined amount dependent upon the number of persons
+charged with and convicted of the offenses provided by this bill and the penalties imposed.