40% Porn Tax Proposal Moves Forward in Ala.

40% Porn Tax Proposal Moves Forward in Ala.

MONTGOMERY, Ala. — Alabama is one step closer to mandating a 40 percent state excise tax on pornography — even online content.

The Alabama House Ways and Means Committee this week passed the proposed porn tax with a 10-4 vote on Wednesday in an effort to close a $200 million budget deficit.

If passed into law, the proposal would effectually place a tariff on the gross receipts from the sale, rental or admission charges of pornographic material disseminated in print, videos and online downloads.

The bill does not mention sex toys and novelties, likely because Alabama continues to have a statute banning the sale of them. The law was upheld in 2005 by U.S. justices, who let stand a lower court ruling that said Alabama had a right to police the sale of devices that can be sexually stimulating.

Residents may lawfully purchase sex toys out of state for use in Alabama, or use them if the devices have other recognized medical uses.

The porn tax proposal (HB17), which was introduced in August, now heads to the full Alabama House for a floor vote.

Adult industry attorney Lawrence Walters of Walters Law Group told XBIZ on Friday that there are numerous constitutional problems with the Alabama bill.

“First is the inherent vagueness in attempting to define what constitute 'sexually oriented materials,'” Walters said. “Would a sex education book, or '50 Shades of Grey' be taxed under this proposal?  

“Numerous state statutes attempting to impose age verification obligations on adult websites have been invalidated on this basis, over the years,” he said. “Taxing media based strictly on its erotic nature also constitutes a content-based regulation, which may run afoul of the First Amendment.  

“Finally, the attempt to impose this state statute on sale on online material may violate the commerce clause, since Internet commerce is typically subject to regulation only at the federal level.

“Instead of trying to get control over its spending problems, Alabama seems to be looking at an unrealistic quick fix to its budget shortfalls.”

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

SextPanther Unveils New Content-Tagging Feature, Revamped Explore Page

SextPanther has rolled out its new content-tagging feature, as well as the revamped version of their Explore page.

Angela White, JMac Star in Latest From Brazzers

2020 XBIZ Female Performer of the Year Angela White stars with JMac in the latest release from Brazzers.

Court Orders xHamster to Remove Dutch Amateur Content

An Amsterdam appeals court upheld a lower court decision ordering xHamster to remove all footage featuring Dutch people who have not given explicit permission for their images to be posted.

Trojan Introduces 'Dual Pleasure Vibrating Wand'

Condom mainstay Trojan has released the Dual Pleasure Vibrating Wand.

Blush Unveils 'Renaissance' Dildo Collection

Blush has introduced its new Renaissance line of dildos.

Sextech 2024: A Look at the Latest Innovations in Pleasure Products

From classic designs amplified with extra power to unique functions and one-of-a-kind shapes intended for deep stimulation, the current wave of pleasure products is bringing customers new ways to push boundaries and immerse themselves in pleasure.

Eldorado, Love Verb Sign Exclusive Distro Deal

Eldorado Trading and Love Verb have signed an exclusive deal to distribute the latter's pleasure products.

TroubleFilms Releases 'Sinn's Trans Lesbian Lover Volume 2'

Trouble Films has released the sequel to "Sinn's Trans Lesbian Lover."

Adam & Eve Reveals Results of 'Body Count' Survey

Adam & Eve has released the results of a new survey asking the question, “What’s your body count?”

Ricky's Room Drops New B/G/G/G Release 'Four the Hard Way'

Nicole Doshi, Lilly Bell and Gal Ritchie star with Isiah Maxwell in a new foursome from Ricky's Room, titled "Four the Hard Way."

Show More