SB179 Alabama 2016 Session

Updated Jul 24, 2021

Senate Bill

In Second Chamber

Current Status

Regular Session 2016

Session

Sponsor

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.
Description: 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.
This bill would distinguish between adult and juvenile offenders for the offense of dissemination of obscene materials containing visual depictions of persons under 17 years of age and would provide different penalties for each.
This bill would exempt offenders under 19 years of age convicted of disseminating or publicly displaying obscene materials containing visual depictions of persons under 17 years of age from the requirements of the Alabama Sex Offender Registration and Community Notification Act on the first or second offense.
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.
Subjects: Sex Offenders