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 © 2026 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

Charlotte Sins on Porn, Power and Freedom

Charlotte Sins is cracking the whip. Or at least, she’s pretending to. Standing over a masked submissive on the set of her X3 cover shoot in North Hollywood, she’s a glam femdom vision in stiletto heels and retro ’50s pinup black hair. Leather whip draped over her bare shoulders, its black tip dangling suggestively between her long, tan legs, Sins moans softly.

Armani Black to Star in Latest From Bellesa Plus

Armani Black stars in the latest installment of the Bellesa Plus reality series “The Bellesa Challenge.”

Electric Novelties Names Rob Phaneuf VP of Sales and Marketing

Electric Novelties has appointed adult industry veteran Rob Phaneuf vice president of sales and marketing, effective immediately.

Ofcom Fines XGroovy $986,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 700,000 pounds (about $986,000) against adult website XGroovy for failing to comply with provisions of the Online Safety Act.

Beisar Introduces 'Black-White Faunus' Thrusting Vibrator

Beisar has debuted its new Black-White Faunus thrusting fantasy vibrator.

Millie Morgan Leads Latest From MILFY

Millie Morgan stars with Sky Wonderland and Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY, titled “Sexy MILF Teaches Younger Hottie to Take Control.”

Anissa Kate Fronts Latest From MILFY

Anissa Kate stars with Goldey in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Suki Sin Stars in Latest From Family Strokes

Suki Sin stars with Rion King in the latest release from the Family Strokes series "PervMom."

Eldorado Introduces 'Dr. Tush' Anal Plug Sets

Eldorado Trading has debuted the new Dr. Tush line of anal plug sets.

Pjur Introduces 'Intimate Flavors' Oral Gel From 'Nature' Line

Pjur has debuted its Intimate Flavors Oral Delight Gel from its Nature line.

Show More