Section 13A-12-193 - Proof of age of individual contained in visual depiction; inferences as to age(a) In proving that an individual in a visual depiction who is engaged in any sexually explicit conduct is under 18 years of age, the state is not required to introduce into evidence a birth certificate, produce testimony as to the date of birth of the individual, or produce testimony of any person who knows or is acquainted with the individual alleged to be under 18 years of age. If the defendant or the state intends to rely on a birth certificate to prove the date of birth of any individual, the defendant or the state shall file with the clerk of the court in which the action is pending, at least 15 days prior to trial, a notice of an intention to rely on an official, certified copy of a birth certificate together with a copy of the birth certificate.(b) The factfinder may infer from the following factors whether or not the individual displayed or depicted in any visual depiction is under 18 years of age: (1) The general body growth and bone structure of the individual.(2) The development of pubic hair or body hair on the individual.(3) The development of the individual's sexual organs.(4) The context in which the individual is placed by any accompanying printed or text material.(5) Any expert testimony as to the degree of maturity of the individual.(c) The existence of any or all of the factors listed in subsection (a) shall not operate to change the requirement that before any conviction may be had, the state must convince the factfinder beyond a reasonable doubt that the individual engaged in the sexually explicit conduct is or is virtually indistinguishable from an individual under 18 years of age.(d) It is an affirmative defense to prosecution under this division if the actual individual purported to be under 18 years of age and engaged in sexually explicit conduct was an actual individual 18 years of age or older at the time of the offense.Ala. Code § 13A-12-193 (1975)
Amended by Act 2024-98,§ 3, eff. 10/1/2024.Acts 1978, No. 592, p. 705, §4; Code 1975, §13-7-233; Acts 1984, No. 84-285, p. 492, §4; Act 2006-112, p. 166, §1.