HB252 Alabama 2016 Session

Under existing law, the communication of a harassing communication by means of telephone, mail, or other written or electronic communication is a crime punishable as a Class C misdemeanor

This bill would create the crime of harassment by means of distribution of a private image as defined, to apply when one person distributes a sexually explicit private image of another person without permission and with intent to harass and provide that the penalty would be a Class A misdemeanor

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 13A-11-8 of the Code of Alabama 1975, relating to harassing communications; to provide for the crime of harassment by distribution of a private image as defined; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.