13A-12-190
Section 13A-12-190 Definitions. For the purposes of this division, the following terms shall
have the meanings respectively ascribed to them by this section: (1) DISSEMINATE. To transmit,
distribute, sell, lend, provide, transfer, or show, including through electronic means. (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...
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13A-12-200.1
display, exhibit, show, present, provide, broadcast, transmit, retransmit, communicate by telephone,
play, orally communicate or perform. (8) EXPORT. To send or cause to be sent outside of the
State of Alabama from inside the state. (9) FOR ANY THING OF PECUNIARY VALUE. In exchange
for, in return for, or for any consideration consisting of, whether wholly or partly: a. Any
money, negotiable instrument, debt, credit, chose in action, interest in wealth, or any other
property whether real or personal, tangible or intangible; or b. Any offer or agreement
to pay, furnish or provide any money, negotiable instrument, debt, credit, chose in action,
interest in wealth, or any other property whether real or personal, tangible or intangible.
(10) GENITAL NUDITY. The showing of the human male or female genitals or pubic area. (11)
HARMFUL TO MINORS. The term means: a. The average person, applying contemporary community
standards, would find that the material, taken as a whole, appeals to the...
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17-3-30.1
to commit an explosives or destructive device or bacteriological or biological weapons crime
as defined in Section 13A-10-197. (26) Conspiracy to commit an explosives or destructive device
or bacteriological or biological weapons crime as defined in Section 13A-10-198. (27) Hindrance
or obstruction during detection, disarming, or destruction of a destructive device or weapon
as defined in Section 13A-10-199. (28) Possession or distribution of a destructive device
or weapon intended to cause injury or destruction as defined in Section 13A-10-200.
(29) Treason as defined in Section 13A-11-2. (30) Dissemination or public display of obscene
matter containing visual depiction of persons under 17 years of age involved in obscene acts
as defined in Section 13A-12-191. (31) Possession and possession with intent to disseminate
obscene matter containing visual depiction of persons under 17 years of age involved in obscene
acts as defined in Section 13A-12-192. (32) Parents or guardians...
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13A-12-191
Section 13A-12-191 Dissemination or public display of obscene matter containing visual depiction
of persons under 17 years of age involved in obscene acts. Any person who shall knowingly
disseminate or display publicly any obscene matter containing 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 shall
be guilty of a Class B felony. (Acts 1978, No. 592, p. 705, §2; Code 1975, §13-7-231; Acts
1984, No. 84-285, p. 492, §2; Act 2006-112, p. 166, §1.)...
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13A-12-197
Section 13A-12-197 Production of obscene matter containing visual depiction of person under
17 years of age involved in obscene acts. (a) Any person who knowingly films, prints, records,
photographs or otherwise produces 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 shall
be guilty of a Class A felony. (b) For any person who violates this section, each depiction
of each individual less than 17 years of age constitutes a separate offense. (Acts 1978, No.
592, p. 705, §8; Code 1975, §13-7-237; Acts 1984, No. 84-285, p. 492, §8; Act 2006-112,
p. 166, §§1, 2.)...
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13A-12-192
Section 13A-12-192 Possession and possession with intent to disseminate obscene matter containing
visual depiction of persons under 17 years of age involved in obscene acts. (a) Any person
who knowingly possesses with intent to disseminate 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 shall be guilty of a Class B felony. Any transfer of the visual depiction from
any electronic device to any other device, program, application, or any other place with storage
capability which 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 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...
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13A-12-193
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age.
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out
in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years,
the state is not required to introduce into evidence a birth certificate, produce testimony
as to the date of birth of such person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17 years. If the defendant or the
state intends to rely on a birth certificate to prove the date of birth of any person in the
visually reproduced matter, such 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) A jury, or the court if a jury trial is waived, may...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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45-13-41
Section 45-13-41 License requirements; operation of massage parlor; unlawful activities; violations.
(a) The provisions of this section shall apply to all counties having a population of not
less than 26,000 nor more than 26,800 inhabitants according to the 1970 or any subsequent
federal decennial census. (b) The following words and terms as used in this section shall,
unless the context requires a different meaning, have the meanings respectively ascribed to
them by this section: (1) The term "massage parlor" shall mean any establishment,
building, room, or place other than a regularly licensed hospital, medical clinic, nursing
home, or dispensary, the offices of a physician, a surgeon, or an osteopath, where non-medical,
non-surgical, non-osteopathic, and non-chiropractic manipulative exercises, massages, or procedures
are practiced upon the human body, or any part thereof, for other than cosmetic or beautifying
purposes, with or without the use of mechanical or other devices, by...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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