SB320INTRODUCED
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SB320
F33WDDD-1
By Senator Weaver
RFD: Judiciary
First Read: 11-Apr-24
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5 F33WDDD-1 04/09/2024 THR (L)THR 2024-1289
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First Read: 11-Apr-24
SYNOPSIS:
Under existing law, a person commits the crime
of possession of obscene matter if he or she knowingly
possesses any obscene matter that contains a visual
depiction of a person under the age of 17 years engaged
in any act of sado-masochistic abuse, sexual
intercourse, sexual excitement, masturbation, breast
nudity, genital nudity, or other sexual conduct.
This bill would provide that a person commits
the crime of trafficking in obscene matter if he or she
possesses 25 or more items of obscene matter that
contains a visual depiction of an individual under 17
years of age engaged in any act of sado-masochistic
abuse, sexual intercourse, sexual excitement,
masturbation, breast nudity, genital nudity, or other
sexual conduct.
This bill would also provide penalties for
violations.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
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Relating to crimes and offenses; to amend Section
13A-12-192, Code of Alabama 1975; to provide for the offense
of trafficking in obscene material; and to provide penalties
for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-12-192, Code of Alabama 1975, is
amended to read as follows:
"ยง13A-12-192
(a) Any person who knowingly possesses with intent to
disseminate any obscene matter that contains a visual
depiction of a person under the age of 17 years engaged in any
act of sado-masochistic abuse, sexual intercourse, sexual
excitement, masturbation, breast nudity, genital nudity, or
other sexual conduct shall be guilty of a Class B felony. Any
transfer of the visual depiction from any electronic device to
any other device, program, application, or any other place
with storage capability which can be made available or is
accessible by other users, is prima facie evidence of
possession with intent to disseminate.
(b) Any person who knowingly possesses any obscene
matter that contains a visual depiction of a person under the
age of 17 years engaged in any act of sado-masochistic abuse,
sexual intercourse, sexual excitement, masturbation, breast
nudity, genital nudity, or other sexual conduct shall be
guilty of a Class C felony.
(c) Any person who knowingly possesses 25 or more items
of obscene matter that contain a visual depiction of an
individual under 17 years of age engaged in any act of
sado-masochistic abuse, sexual intercourse, sexual excitement,
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sado-masochistic abuse, sexual intercourse, sexual excitement,
masturbation, breast nudity, genital nudity, or other sexual
conduct shall be guilty of trafficking in obscene material.
Trafficking in obscene material is a Class B felony. "
Section 2. This act shall become effective on October
1, 2024.
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