A681QQQ-1 04/23/2024 THR (L)THR 2024-1289 SUB SB320 INTRODUCEDJUDICIARY SUBSTITUTE TO SB320 F33WDDD-1OFFERED ByBY SenatorSENATOR WeaverWEAVER RFD:2 4 SYNOPSIS:

JudiciaryUnder Firstexisting Read:law, a person commits the crime of possession of obscene matter if he or she knowingly possesses any visual depiction of an individual under 18 years of age engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct.

11-Apr-24This Pagebill 0would F33WDDD-1provide 04/09/2024that THRa (L)THRperson 2024-1289commits 2the 4crime SYNOPSIS:of trafficking in child sexual abuse material if he or she knowingly possesses 25 or more items of child sexual abuse material.

Under existing law, a person commits the crime of possession of obscene matter if he or she knowingly possesses any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct.

This bill would provide that a person commits the crime of trafficking in obscene matter if he or she possesses 25 or more items of obscene matter that contains a visual depiction of an individual under 17 years of age engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct.

to amend Section Page 1 SB320 INTRODUCED 13A-12-192, Code of Alabama 1975;1975, as last amended by Act 2024-98, 2024 Regular Session;

to provide for the offense of trafficking in obscenechild sexual abuse material;

Page 1 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 13A-12-192, Code of Alabama 1975, as last amended by Act 2024-98, 2024 Regular Session, is amended to read as follows:

"§13A-12-192"13A-12-192 (a) Any person who knowingly possesses with intent to disseminate any obscenechild matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse,abuse sexualmaterial excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class B felony.

Any transfer of thechild visualsexual depictionabuse material from any electronic device to any other device, program, application, or any other place with storage capability whichthat can be made available or is accessible by other users, is prima facie evidence of possession with intent to disseminate.

(b) Any person who knowingly possesses any obscenechild matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse,abuse sexualmaterial excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class C felony.

(c) Any person who knowingly possesses 25 or more items of obscenechild matter that contain a visual depiction of an individual under 17 years of age engaged in any act of sado-masochistic abuse, sexual intercourse,abuse sexualmaterial excitement, Page 2 SB320 INTRODUCED masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of trafficking in obscenechild sexual abuse material.

Trafficking in obscenechild sexual abuse material is a Class B felony." Section 2.

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