SB35 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2018

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-12-192 am'd.

Summary

SB 35 expands and clarifies Alabama’s laws on obscene materials involving minors by broadening dissemination definitions, adding breast nudity to prohibited material, and addressing local-funding exemptions.

What This Bill Does

It broadens the definition of disseminate to include sharing or trading obscene material depicting a person under 17, and removes the requirement that money be involved. It adds breast nudity to the kinds of obscene material that can trigger possession offenses when a minor is depicted. It establishes that each individual depiction of a minor under 17 is a separate offense and sets penalties: possession with intent to disseminate would be a Class B felony, and possession of obscene material involving a minor would be a Class C felony (with three or more copies creating prima facie evidence). It notes that although the bill would normally trigger new local-funding requirements under Amendment 621, it is exempt because it falls under specified exceptions, and it will take effect on the date specified.

Who It Affects

• Minors under 17 depicted in obscene images would be protected by expanded offenses and counts per depiction.
• People who possess, display, share, lend, or trade obscene material involving minors would face revised penalties and multiple-offense implications.

Key Provisions

• Disseminate definition expanded to include sharing and trading obscene material depicting minors under 17, with no monetary requirement.
• Breast nudity added to the list of obscene materials that subject a person to possession offenses when minors are depicted.
• Each depiction of a minor under 17 is a separate offense.
• Penalties established: Class B felony for possession with intent to disseminate such material; Class C felony for possession of obscene material involving a minor; three or more copies of the same depiction create prima facie evidence of possession with intent to disseminate.
• Constitutional Amendment 621 interaction: the bill is exempt from local-funding vote/approval requirements because it defines a new crime or amends a crime definition, and it becomes effective on the standard date after passage and 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