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Law / United States / Alabama

Alabama Child Protection Act of 2024, AI-Generated Child Sexual Abuse Material

Ala. Code §§ 13A-12-190 to 13A-12-197 (as amended by Act 2024-98, HB 168, 2024 Regular Session)

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none

What it requires

  • Do not knowingly disseminate or publicly display child sexual abuse material, including a virtually indistinguishable depiction created, altered, or produced by digital or computer-generated means; this is a Class B felony.
  • Do not knowingly advertise, promote, present, distribute, or solicit by any means material that reflects, or is intended to cause the belief, that it depicts an actual minor engaged in sexually explicit conduct; this is also a Class B felony.
  • Do not knowingly possess child sexual abuse material with intent to disseminate it (a Class B felony) or possess it at all (a Class C felony).
  • If you are a parent or guardian, do not knowingly permit or allow a child, ward, or dependent under 18 to be used in producing child sexual abuse material; this and producing the material yourself are each a Class A felony.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

Dissemination or public display of child sexual abuse material, and advertising, promoting, presenting, distributing, or soliciting material believed to depict a minor, are each a Class B felony (Ala. Code § 13A-12-191); possession with intent to disseminate is a Class B felony and simple possession a Class C felony (§ 13A-12-192); a parent or guardian knowingly permitting production, and producing the material, are each a Class A felony (§§ 13A-12-196, 13A-12-197).

Who enforces it

Enforcement body

The individual depicted in the relevant image, by civil action under Section 5(a) of Act 2024-98; the offenses in Sections 13A-12-191 to 13A-12-197 are criminal offenses.

Settledness

As of
Open questions
Does a depiction generated wholly by computer, from no image of a real child, come within a 'virtually indistinguishable depiction' that 'a reasonable person would conclude is of an actual individual under 18 years of age' under Section 13A-12-190(15) as amended by Act 2024-98?

What it makes you log

Logging duty

Sections 13A-12-190 to 13A-12-198 define and criminalize producing, disseminating, possessing, and permitting the production of child sexual abuse material, including a computer-generated or AI-manipulated depiction. They state no duty for anyone to create, keep, or produce a record; they are prohibitions enforced through ordinary criminal investigation and prosecution.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Alabama Child Protection Act of 2024 amended Alabama Code sections 13A-12-190, 13A-12-191, 13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, 13A-12-197, and 13A-12-198, and repealed section 13A-12-195, so that the definition of child sexual abuse material expressly includes a virtually indistinguishable depiction created, altered, or produced by digital, computer generated, or other means.

A person who knowingly disseminates or publicly displays child sexual abuse material is guilty of a Class B felony, as is a person who knowingly advertises, promotes, presents, distributes, or solicits by any means material that reflects, or is intended to cause another to believe, depicts an actual individual under 18 engaged in sexually explicit conduct.

A person who knowingly possesses child sexual abuse material with intent to disseminate it is guilty of a Class B felony, and simple possession is a Class C felony. A parent or guardian who knowingly permits or allows a child, ward, or dependent under 18 to be used in producing child sexual abuse material is guilty of a Class A felony, as is a person who knowingly produces the material.

An individual who commits any of these offenses, or the related private-image offense at section 13A-6-240, is civilly liable to the individual depicted, with actual damages, costs and attorney fees, and punitive damages available on clear and convincing evidence of wantonness or malice.

No civil action may be brought for actions taken to prevent, detect, protect against, report, or respond to the production, generation, incorporation, or synthesization of child sexual abuse material through artificial intelligence. The amendments took effect .

When LexLint raises it

When your app profile says your app generates content with AI or publishes adult content.

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