Section 13A-12-190


Published: 2015

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Section 13A-12-190

Section 13A-12-190Definitions.

For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:



(1) DISSEMINATE. To sell, lend or show for monetary consideration or to offer or agree to do the same.



(2) DISPLAY PUBLICLY. The exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in such 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.



(3) PUBLIC THOROUGHFARE, DEPOT or VEHICLE. Any street, highway, park, depot or transportation platform or other place, whether indoors or out, 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.



(4) KNOWINGLY. A person knowingly disseminates or publicly displays obscene matter when the person knows the nature of the matter. A person knows the nature of the matter when either of the following circumstances exist:



a. The person is aware of the character and content of the matter; or



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



(5) SADO-MASOCHISTIC ABUSE. Such term means either of the following:



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



b. The condition of a person 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.



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



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



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



(9) 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.



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



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



(12) MATTER. Any book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture, video cassette, tape, record, digital video disc (DVD), video compilation, or electronic depiction in a comparable format, or an image, file, download, or other content stored, or reproduced by using a computer or electronic device or other digital storage, or any other thing, articles, or materials that either are or contain a photographic or other visual depiction of a live act, performance, or event.



(13) OBSCENE. a. When used to describe any matter that contains a visual reproduction of breast nudity, such term means matter that:



1. Applying contemporary local community standards, on the whole, appeals to the prurient interest; and



2. Is patently offensive; and



3. On the whole, lacks serious literary, artistic, political or scientific value.



b. When used to describe matter that is a depiction of an act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, genital nudity, or other sexual conduct, such term means matter containing such a visual reproduction that itself lacks serious literary, artistic, political or scientific value.



(14) LOCAL COMMUNITY. The judicial circuit in which the indictment is brought.



(15) VISUAL DEPICTION. A portrayal, representation, illustration, image, likeness, or other thing that creates a sensory impression, whether an original, duplicate, or reproduction.



(16) SEPARATE OFFENSE. The depiction of an individual less than 17 years of age that violates this division shall constitute a separate offense for each single visual depiction.

(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.)