Alabama Legislature Passes Two Children’s Protection Bills

The Alabama Legislature on Thursday advanced two high-profile measures aimed at shielding children from harm and unsuitable digital content, sending both bills to Governor Kay Ivey for her consideration.

Senate President Pro Tempore Garlan Gudger said lawmakers made children’s safety a priority this session by accelerating both bills through the chamber.

“With passage of the Child Predator Death Penalty Act, we have notified those who prey upon the most defenseless Alabamians that they will be eligible for a non-stop trip straight to Hell departing from the death chamber at Holman prison,” Gudger said on the Senate floor. “And by requiring app store age filters, we can shield our children from exposure to inappropriate content, which seems to become more common, accessible, and prevalent in our culture each day.”

The Child Predator Death Penalty Act, carried in the Senate by Senator April Weaver (R-Brierfield), would allow prosecutors to seek the death penalty for defendants convicted of first-degree rape, sodomy or sexual torture of a child under 12. The Act was pre-filed in August of last year by State Representative Matt Simpson (R-Daphne) and Sen. Weaver, and passed through the Legislature as HB41.

Under current U.S. Supreme Court precedent, capital punishment is limited to crimes involving loss of life. Supporters of the bill argue that passing the law in Alabama could prompt the court to revisit that interpretation. Similar laws have been enacted in other States as a challenge to the 2008 Kennedy v. Louisiana ruling, which found execution for non-homicide child sex crimes to be “unusual punishment.”

In a separate vote, Senators unanimously approved a measure requiring age verification and parental consent for app store accounts held by minors. The legislation, introduced as HB161 by Rep. Chris Sells (R-Greenville) and Arnold Mooney (R-Indian Springs) and carried in the Senate by Sen. Clyde Chambliss (R-Prattville), directs app store providers to confirm a user’s age when creating an account and link accounts for minors to a parent or guardian before app downloads or purchases.

The age-verification bill also empowers the Alabama Attorney General to enforce the rules under consumer protection laws. Parents would be able to bring civil suits if app stores fail to comply.

Chambliss, who has previously passed laws requiring adult-content filters on cell phones at the point of sale, said the new measure will keep families informed and in control of children’s digital activity.

An earlier version of the app store accountability bill — HB 187, the App Store Accountability Act— passed the Senate but died in the Alabama House State Government Committee in the 2025 session when members failed to secure a quorum for a vote, effectively ending its chances for the year. Critics at the House Committee hearing warned the measure could run afoul of the First Amendment and chill online speech by conditioning access to apps on identification requirements. They also said the bill’s age-verification mandates risked overstepping parental roles already served by voluntary tools. Tech trade groups also noted that similar laws in other States have already faced legal challenges.

In Texas, the App Store Accountability Act (Senate Bill 2420) — a law requiring app stores to verify users’ ages and obtain parental consent for minors before downloads or in-app purchases very similar to Alabama‘s Act — was blocked by a federal judge just days before it was set to take effect on January 1, 2026, with the court finding it likely violated the First Amendment by imposing content-based restrictions on speech. The Act is currently being appealed in the Fifth Circuit Court.

It is likely that, if signed by the Governor, Alabama‘s app store bill will face similar legal challenges.

Both bills now await action from Gov. Ivey.