SB35 Alabama 2018 Session

Under existing law, it is a crime to disseminate, publicly display, possess, or possess with the intent to disseminate obscene materials containing visual depictions of persons under 17 years of age

This bill would further clarify the definition of disseminate by removing the requirement of monetary consideration and would include in the definition sharing or trading such visual depictions

This bill would include under the crime of possession of obscene materials containing visual depictions of persons under 17 years of age a visual depiction of breast nudity

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 of the Code of Alabama 1975, relating to disseminating, publicly displaying, possessing, or possessing with the intent to disseminate obscene materials containing visual depictions of persons under 17 years of age; to further define terms; to include under the crime of possession a visual depiction of breast nudity; and in connection therewith to 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.