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.
(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.)
Notes of Decisions
Cited in
16
cases (
2 in the last 5 years), 1997–2025 · leading case:
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008).
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008).
· cites it 10× “" At the time of Culver's actions, § 13A-12-190(12), Ala.Code 1975, defined "matter" as "[a]ny book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture or electrical or electronic reproduction, or any other articles or materials that…”
McFadden v. State, 67 So. 3d 169 (Ala. Crim. App. 2010).
· cites it 15× “Code 1975, a part of the Alabama Child Pornography Act § 13A-12-190 et seq., Ala.Code 1975 (“The ACPA”).”
State of West Virginia v. Wayne Dubuque, 805 S.E.2d 421 (W. Va. 2017).
· cites it 3× “See Ala. Code 1975 § 13A-12-190 (16) [2006] (“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.”
Girard v. State, 883 So. 2d 717 (Ala. 2003).
“Code [1975,] § 13A-12-190(12)." Section 13A-12-190 (12) defines "matter" as: "Any book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture or electrical or electronic reproduction, or any other articles or materials that either are or…”
Ward v. State, 994 So. 2d 293 (Ala. Crim. App. 2007).
“" At the time of Ward's actions, § 13A-12-190(12), Ala.Code 1975, defined "matter" as follows: [2] "Any book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture or electrical or electronic reproduction, or any other articles or materials…”
C.B.D. v. State, 90 So. 3d 227 (Ala. Crim. App. 2011).
· cites it 2× “However, in 2006, the Alabama Legislature amended § 13A-12-190, Ala. Code 1975, by, among other things, adding subsection (16), which provides that “[t]he depiction of an individual less than 17 years of age that violates this division [which includes § 13A-12-192] shall…”
United States v. Matthews, 300 F. Supp. 2d 1220 (N.D. Ala. 2004).
· cites it 2× “See generally “The Alabama Child Pornography Act,” codified at Alabama Code § 13A-12-190 et seq. (1975) (1994 Replacement Vol.”
R.K.D. v. State, 712 So. 2d 754 (Ala. Crim. App. 1997).
· cites it 6× “” See, § 13A-12-190(12), Code of Alabama 1975. This court notes that neither § 13A-12-192(b), Code of Alabama 1975, nor § 13A-12-190(12), Code of Alabama 1975, defines the term “visual reproduction.”
Lanham v. State, 888 So. 2d 1283 (Ala. Crim. App. 2004).
· cites it 5× “as defined by [new § 13A-12-190(11) ] is a picture of a child’s sex organs displayed [lewdly]— that is, so represented by the photographer as to arouse or satisfy the sexual cravings of a voyeur.”
People v. Gibeault, 5 A.D.3d 952 (N.Y. App. Div. 2004).
“Ala Code § 13A-12-190 [8]; Colo Rev Stat Ann § 18-6-403 [2] [f]; Idaho Code § 18-1507 [2] [g]; Mich Comp Laws Ann § 750.”
Price v. Time, Inc., 304 F. Supp. 2d 1294 (N.D. Ala. 2004).
· cites it 2× “”) (emphasis supplied); • Ala.Code § 13A-12-190(12) (1975) (1994 Replacement Vol.”
RKD v. State, 712 So. 2d 754 (Ala. Crim. App. 1997).
· cites it 7× “" See, § 13A-12-190(12), Code of Alabama 1975. This court notes that neither § 13A-12-192(b), Code of Alabama 1975, nor § 13A-12-190(12), Code of Alabama 1975, defines the term "visual reproduction.”
— Ala. Code § 13A-12-190(11) — 2 cases
McFadden v. State, 67 So. 3d 169 (Ala. Crim. App. 2010).
“Code 1975, a part of the Alabama Child Pornography Act § 13A-12-190 et seq., Ala.Code 1975 (“The ACPA”).”
Lanham v. State, 888 So. 2d 1283 (Ala. Crim. App. 2004).
“as defined by [new § 13A-12-190(11) ] is a picture of a child’s sex organs displayed [lewdly]— that is, so represented by the photographer as to arouse or satisfy the sexual cravings of a voyeur.”
— Ala. Code § 13A-12-190(12) — 7 cases
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008).
“" At the time of Culver's actions, § 13A-12-190(12), Ala.Code 1975, defined "matter" as "[a]ny book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture or electrical or electronic reproduction, or any other articles or materials that…”
McFadden v. State, 67 So. 3d 169 (Ala. Crim. App. 2010).
“Code 1975, a part of the Alabama Child Pornography Act § 13A-12-190 et seq., Ala.Code 1975 (“The ACPA”).”
Girard v. State, 883 So. 2d 717 (Ala. 2003).
“Code [1975,] § 13A-12-190(12)." Section 13A-12-190 (12) defines "matter" as: "Any book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture or electrical or electronic reproduction, or any other articles or materials that either are or…”
Ward v. State, 994 So. 2d 293 (Ala. Crim. App. 2007).
“" At the time of Ward's actions, § 13A-12-190(12), Ala.Code 1975, defined "matter" as follows: [2] "Any book, magazine, newspaper, or other printed material, or any picture, photograph, motion picture or electrical or electronic reproduction, or any other articles or materials…”
R.K.D. v. State, 712 So. 2d 754 (Ala. Crim. App. 1997).
“” See, § 13A-12-190(12), Code of Alabama 1975. This court notes that neither § 13A-12-192(b), Code of Alabama 1975, nor § 13A-12-190(12), Code of Alabama 1975, defines the term “visual reproduction.”
— Ala. Code § 13A-12-190(13) — 2 cases
McFadden v. State, 67 So. 3d 169 (Ala. Crim. App. 2010).
“Code 1975, a part of the Alabama Child Pornography Act § 13A-12-190 et seq., Ala.Code 1975 (“The ACPA”).”
Lanham v. State, 888 So. 2d 1283 (Ala. Crim. App. 2004).
“as defined by [new § 13A-12-190(11) ] is a picture of a child’s sex organs displayed [lewdly]— that is, so represented by the photographer as to arouse or satisfy the sexual cravings of a voyeur.”
— Ala. Code § 13A-12-190(13)(b) — 1 case
McFadden v. State, 67 So. 3d 169 (Ala. Crim. App. 2010).
“Code 1975, a part of the Alabama Child Pornography Act § 13A-12-190 et seq., Ala.Code 1975 (“The ACPA”).”
— Ala. Code § 13A-12-190(16) — 3 cases
State of West Virginia v. Wayne Dubuque, 805 S.E.2d 421 (W. Va. 2017).
“See Ala. Code 1975 § 13A-12-190 (16) [2006] (“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.”
C.B.D. v. State, 90 So. 3d 227 (Ala. Crim. App. 2011).
“However, in 2006, the Alabama Legislature amended § 13A-12-190, Ala. Code 1975, by, among other things, adding subsection (16), which provides that “[t]he depiction of an individual less than 17 years of age that violates this division [which includes § 13A-12-192] shall…”
— Ala. Code § 13A-12-190(4) — 1 case
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