SB179 Alabama 2016 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2016

Title

Sex offenders, obscene materials containing visual depiction of persons under 17 years, disseminating, publicly displaying, possessing, or possessing with intent to disseminate, term further defined, crime of possession, penalties, Alabama Sex Offender Registration and Community Notification Act on 1st or 2nd offense, Secs.13A-12-190, 13A-12-191, 13A-12-192 am'd.

Summary

SB179 tightens Alabama law on obscene materials involving minors by clarifying dissemination, adding breast nudity to possession, creating age-based penalties, and offering early sex-offender registration exemptions for some young offenders.

What This Bill Does

It broadens the definition of disseminate to include sharing or trading such material and removes the requirement that money be involved. It adds breast nudity to what counts as obscene material that can be possessed. It creates different penalties for adults (19+) and juveniles (under 19) who disseminate or publicly display such material, and treats each visual depiction as a separate offense. It exempts offenders under 19 who are convicted of disseminating or publicly displaying such material from the Alabama Sex Offender Registration and Community Notification Act for the first two offenses.

Who It Affects

• Minors under 17 who are depicted in obscene material are now subject to criminal provisions if others disseminate, display, or possess those depictions, including new rules about sharing or trading and the inclusion of breast nudity in possession cases.
• Adults 19+ and youths under 19 who disseminate, publicly display, or possess obscene material involving minors would face different penalties (Class B felony for adults; Class A misdemeanor or Class D felony for juveniles on first and subsequent offenses) and those under 19 may be exempt from sex offender registration for the first two offenses.

Key Provisions

• §13A-12-190: Redefines disseminate to include selling, lending, showing for monetary consideration, sharing, or trading; defines display publicly; defines breast nudity as part of obscene material; establishes that each visual depiction can be a separate offense.
• §13A-12-191: Penalties for disseminating or publicly displaying obscene material involving a minor: 19+ years old → Class B felony; under 19 years old for depictions of 12-16 → Class A misdemeanor for first offense and Class D felony for second or later; offenders under 19 may be exempt from the Alabama Sex Offender Registration and Community Notification Act for first two offenses.
• §13A-12-192: Possession with intent to disseminate obscene material involving a minor → Class B felony; possession of such material depicting a minor engaged in certain acts → Class C felony; possession rules include prima facie evidence rules for multiple copies.
• The bill includes a local-funding note under Amendment 621 but is described as exempt from local-funding requirements because it defines a new crime or amends an existing one; effective date is the first day of the third month after governor 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

Sex Offenders