Ala. Code § 13A-12-190

Current through the 2024 Regular Session.

Section 13A-12-190 - Definitions

For the purposes of this division, the following terms have the following meanings :

(4) DISSEMINATE. To transmit, distribute, sell, lend, provide, transfer, or show, including through electronic means.

(3) DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot, or vehicle.

(9) PUBLIC THOROUGHFARE, DEPOT, OR VEHICLE. Any street, highway, park, depot, or transportation platform or other place, whether indoors or outdoors, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment, or transportation of the general public.

(6) KNOWINGLY. A person knowingly acts when the person knows the nature of the child sexual abuse material. A person knows the nature of the material when either of the following circumstances exist:

a. The person is aware of the character and content of the material.

b. The person recklessly disregards circumstances suggesting the character and content of the material.

(10) SADOMASOCHISTIC ABUSE. Either of the following:

a. Flagellation or torture, for the purpose of sexual stimulation, by or upon an individual who is nude or clad in undergarments or in a revealing or bizarre costume.

b. The condition of an individual who is nude or clad in undergarments or in a revealing or bizarre costume being fettered, bound, or otherwise physically restrained for the purpose of sexual stimulation.

(12) SEXUAL EXCITEMENT. The condition of human male or female genitals when in a state of sexual stimulation.

(13) SEXUAL INTERCOURSE. Intercourse, real or simulated, whether genital-genital, oral-genital, anal-genital, or oral-anal, whether between individuals of the same or opposite sex or between a human and an animal.

(7) MASTURBATION. Manipulation, by hand or instrument, of the human genitals, whether one's own or another's for the purpose of sexual stimulation.

(8) OTHER SEXUAL CONDUCT. Any touching of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(1) BREAST NUDITY. The lewd showing of the post-pubertal human female breasts below a point immediately above the top of the areola.

(5) GENITAL NUDITY. The lewd showing of the genitals or pubic area.

(11) SEPARATE OFFENSE. The depiction of an individual less than 18 years of age that violates this division shall constitute a separate offense for each single visual depiction.

(2) CHILD SEXUAL ABUSE MATERIAL. Any visual depiction of an individual under 18 years of age engaged in any act of sexually explicit conduct, including a virtually indistinguishable depiction.

(14) SEXUALLY EXPLICIT CONDUCT. Actual or simulated conduct that includes sadomasochistic abuse, sexual excitement, sexual intercourse, masturbation, breast nudity, genital nudity, or other sexual conduct.

(15) VIRTUALLY INDISTINGUISHABLE DEPICTION. A visual depiction created, altered, or produced by digital, computer generated, or other means that a reasonable person would conclude is of an actual individual under 18 years of age engaged in sexually explicit conduct.

Ala. Code § 13A-12-190 (1975)

Amended by Act 2024-98,§ 3, eff. 10/1/2024.

Amended by Act 2019-465,§ 1, eff. 9/1/2019.

Acts 1978, No. 592, p. 705, §1; Code 1975, §13-7-230; Acts 1984, No. 84-285, p. 492, §1; Act 2006-112, p. 166, §1.

See Act 2024-98, § 2.

Act 2024-98,§ 1 provides this act shall be known and may be cited as the Alabama Child Protection Act of 2024.