§ 13A-12-190 — Definitions

Alabama § 13A-12-190

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 12: Offenses Against Public Health and Morals
• Art. 4: Obscenity and Related Offenses
• Div. 4: Obscene Materials Containing Visual Reproduction of Children

Text

For the purposes of this division, the following terms have the following meanings:
(1)
BREAST NUDITY. The lewd showing of the post-pubertal human female breasts below a point immediately above the top of the areola.
(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.
(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.
(4)
DISSEMINATE. To transmit, distribute, sell, lend, provide, transfer, or show, including through electronic means.
(5)
GENITAL NUDITY. The lewd showing of the genitals or pubic area.
(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.
(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.
(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.
(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.
(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.
(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.
(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.

Legislative History

(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; Act 2019-465, §1; Act 2024-98, §3.)