HB288 Alabama 2016 Session

Summary

Primary Sponsor

Allen Farley

Republican

Session

Regular Session 2016

Title

Sex offenders, obscene materials containing visual depiction of persons under 17 years, definition of disseminate, further provided for, crime of possession, further provided for, Secs.13A-12-190, 13A-12-192 am'd.

Summary

HB288 expands Alabama law on obscene materials involving minors by broadening dissemination definitions and adding breast nudity to the offenses.

What This Bill Does

It changes the definition of disseminate to include sharing or trading obscene images, not just selling for money. It adds breast nudity to the types of obscene material that can lead to criminal possession charges involving someone under 17. It creates felony penalties for possessing obscene material with under-17 depictions, with higher grades if the material involves sexual acts, and it treats each depiction as a separate offense. It also addresses local funding rules by stating the bill is exempt from certain local expenditure requirements, and it becomes effective three months after passage and governor approval.

Who It Affects

• Individuals who possess, display, sell, lend, or share obscene materials involving persons under 17, including those who share or trade such material (not just those who pay for it).
• Local governmental entities and taxpayers, because the bill discusses local-funding expenditure rules, though the bill is described as exempt from those requirements.

Key Provisions

• Disseminate is redefined to include selling, lending, showing, sharing, trading, or offering to do so, and the monetary requirement is removed.
• Breast nudity is added to the list of material that, if possessed with the intent to disseminate, constitutes a crime when it involves a person under 17.
• Possession of obscene matter with a visual depiction of a person under 17 engaged in sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct becomes a Class B felony if possession is with intent to disseminate; possession of three or more copies is prima facie evidence of intent to disseminate; possession of under-17 material involving these acts becomes a Class C felony.
• Each visual depiction of a person under 17 in these acts is treated as a separate offense.
• The bill notes an amendment to local funding rules but states it is exempt from those requirements because it defines a new crime or amends an existing crime, with an effective date three months after passage.

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

Subjects

Sex Offenders