HB403 Alabama 2010 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

John RobinsonPatricia ToddCam WardJack WilliamsDickie DrakeSteve McMillanJim McClendonRandy WoodSteve ClouseRichard J. LairdWilliam E. ThigpenButch TaylorLaura HallBarbara Bigsby BoydTerry SpicerLocy BakerJames O. GordonPebblin W. WarrenRalph HowardChris EnglandMike MillicanThomas JacksonAlan Boothe

Session

Regular Session 2010

Title

Obscene material involving children, disseminate further defined, material that constitutes possession of visual obscene matter further provided for, Secs. 13A-12-190, 13A-12-192 am'd.

Summary

HB403 broadens Alabama's laws on obscene material involving children by expanding what counts as disseminating and what material is considered obscene, and creates new offenses for possession and dissemination.

What This Bill Does

It broadens the definition of disseminate to include import, export, transfer, possession of, display, broadcast, transmit, circulate, or distribute obscene material. It expands what counts as visual obscene matter by adding more types of material and activities. It creates new offenses: possession with intent to disseminate obscene material depicting someone under 17 engaged in certain acts would be a Class B felony, while possession of such material would be a Class C felony. It provides that possessing three or more copies of the same depiction is prima facie evidence of intent to disseminate, and each depiction can be a separate offense; the bill also notes it is exempt from local-fund expenditure rules and becomes law after the governor signs.

Who It Affects

• Individuals who possess, import, export, transfer, display, or distribute obscene material containing a visual depiction of a person under 17 engaged in sexual acts
• People who possess three or more copies of the same depiction (prima facie evidence of intent to disseminate)
• Law enforcement, prosecutors, and courts handling these offenses
• Local government entities and state government indirectly, due to the funding provision and its exemption from local-funding requirements

Key Provisions

• Disseminate defined to include import, export, transfer, possession of, display, exhibit, show, present, provide, broadcast, transmit, retransmit, circulate, disperse, or distribute by any means
• Display publicly defined as exposing or showing an item in public or private locations visible from public spaces
• Public Thoroughfare, Depot, or Vehicle defined to include any public transport or related spaces
• Knowingly defined as awareness of the matter's character and content or reckless disregard of circumstances
• Explicit offenses for obscene matter involving a minor: possession with intent to disseminate is Class B felony; possession without intent to disseminate is Class C felony
• Three or more copies of the same depiction create prima facie evidence of intent to disseminate
• Each visual depiction of the prohibited material constitutes a separate offense
• Constitutional funding provision: bill is exempt from additional local-funding approval requirements because it creates or amends a crime
• Effective date: first day of the third month after passage and governor's approval

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses