HB403 Alabama 2010 Session

Under existing law, it is unlawful for a person to knowingly disseminate or display publicly any obscene matter containing a visual reproduction of a person under the age of 17 years engaged in any act of sexual conduct

This bill would further define the term "disseminate" to include import, export, transfer possession of, display, exhibit, show, present, provide, broadcast, transmit, retransmit, circulate, disperse, or distribute. This bill would expand the material that constitutes visual obscene matter

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 Sections 13A-12-190 and 13A-12-192, Code of Alabama 1975, relating to obscene material involving children; to further define the term "disseminate"; to expand the material that constitutes obscene visual matter; 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.