Alabama § 13A-12-193 Proof of Age of Person Contained in Visual Depiction; Inferences as to Age

Alabama Statutes

§ 13A-12-193 — Proof of Age of Person Contained in Visual Depiction; Inferences as to Age

Alabama § 13A-12-193

JurisdictionAlabama

Title 13ACriminal Code

Ch. 12Offenses Against Public Health and Morals

Art. 4Obscenity and Related Offenses

Div. 4Obscene Materials Containing Visual Reproduction of Children

This text of Alabama § 13A-12-193 (Proof of Age of Person Contained in Visual Depiction; Inferences as to Age) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 13A-12-193 (2026).

Text

(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 th

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(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
(b)
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.