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.

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.

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.

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Subjects

Sex Offenders