Code of Alabama

Ala. Code § 13A-12-192 (2026)

Possession and Possession with Intent to Disseminate Child Sexual Abuse Material.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) Any person who knowingly possesses with intent to disseminate any child sexual abuse material shall be guilty of a Class B felony. Any transfer of child sexual abuse material from any electronic device to any other device, program, application, or any other place with storage capability that 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 child sexual abuse material shall be guilty of a Class C felony.

(Acts 1978, No. 592, p. 705, §3; Code 1975, §13-7-232; Acts 1984, No. 84-285, p. 492, §3; Act 2006-112, p. 166, §1; Act 2019-465, §1; Act 2024-98, §3.)

Notes of Decisions
Cited in 34 cases (5 in the last 5 years), 1990–2026 · 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 18× “Also the statute at issue in this petition, § 13A-12-192, criminalizes the possession of obscene matter, while the statute at issue in King, § 13A-12-200.”
Ward v. State, 994 So. 2d 293 (Ala. Crim. App. 2007). · cites it 11× “Computer images of child pornography fall within the definition of "obscene matter," as that term is used in § 13A-12-192, Ala.Code 1975. In Rutledge v.”
Osborne v. Ohio, 495 U.S. 103 (1990). · cites it 2× “[6] Ala. Code § 13A-12-192 (1988); Ariz. Rev.”
C.B.D. v. State, 90 So. 3d 227 (Ala. Crim. App. 2011). · cites it 9× “Computer images of child pornography fall within the definition of ‘obscene matter,’ as that term is used in § 13A-12-192, Ala. Code 1975. In Rutledge v.”
Cochran v. State, 111 So. 3d 148 (Ala. Crim. App. 2012). · cites it 5× “Code 1975, possession of obscene matter containing a visual depiction of a person under 17 years of age engaged in an obscene act, a violation of § 13A-12-192(b), Ala.Code 1975, and first-degree unlawful possession of marijuana, a violation of § 13A-12-213, Ala.”
Doe v. Pryor, 61 F. Supp. 2d 1224 (M.D. Ala. 1999). · cites it 5× “§ 2252 (a)(2), was sufficiently comparable to the state statute that prohibits possession of child pornography, 1975 Ala.Code § 13A-12-192, to conclude that, because the plaintiff had changed his residence, he now fell within the Act’s coverage.”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007). “§§ 2252 , 2252A; Ala.Code § 13A-12-192; Alaska Stat. § 11.”
McFadden v. State, 67 So. 3d 169 (Ala. Crim. App. 2010). · cites it 8× “The two-count indictment in 2005 charging McFadden tracked §§ 13A-12-192(b) and 13A-12-197, Ala.Code 1975.”
State v. Tooley, 872 N.E.2d 894 (Ohio 2007). “Stat.Ann. 21-3516; Ky.Rev.Stat.Ann. 531.335; La.”
United States v. Polizzi, 549 F. Supp. 2d 308 (E.D.N.Y 2008). “, Ala. Code § 13A-12-192 (classifying possession as a Class C felony, which carries a thirteen-month mandatory minimum).”
Melton v. State, 69 So. 3d 916 (Ala. Crim. App. 2010). · cites it 4× “1988), the Alabama Supreme Court rejected a challenge to the constitutionality of Alabama’s Child Pornography Statute, § 13A-12-192, Ala.Code 1975, stating: “As pointed out in the opinion of the Court of Criminal Appeals, the Supreme Court of Ohio, in State v.”
Allen v. State, 44 So. 3d 525 (Ala. Crim. App. 2009). · cites it 2× “” § 13A-12-192(b), Ala.Code 1975. Under the facts at hand, we cannot say the trial court erred in refusing to charge the jury on possession of obscene matter containing visual depiction of a person under 17 years of age as a lesser-included offense of the offense of production…”
— Ala. Code § 13A-12-192(a) — 3 cases
Garcia v. Casey (N.D. Ala. 2021).
Mizusawa v. State, 68 So. 3d 886 (Ala. Crim. App. 2010).
Lindsay v. State, 958 So. 2d 346 (Ala. Civ. App. 2006).
— Ala. Code § 13A-12-192(b) — 22 cases
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008). “Also the statute at issue in this petition, § 13A-12-192, criminalizes the possession of obscene matter, while the statute at issue in King, § 13A-12-200.”
Ward v. State, 994 So. 2d 293 (Ala. Crim. App. 2007). “Computer images of child pornography fall within the definition of "obscene matter," as that term is used in § 13A-12-192, Ala.Code 1975. In Rutledge v.”
Cochran v. State, 111 So. 3d 148 (Ala. Crim. App. 2012). “Code 1975, possession of obscene matter containing a visual depiction of a person under 17 years of age engaged in an obscene act, a violation of § 13A-12-192(b), Ala.Code 1975, and first-degree unlawful possession of marijuana, a violation of § 13A-12-213, Ala.”
McFadden v. State, 67 So. 3d 169 (Ala. Crim. App. 2010). “The two-count indictment in 2005 charging McFadden tracked §§ 13A-12-192(b) and 13A-12-197, Ala.Code 1975.”
C.B.D. v. State, 90 So. 3d 227 (Ala. Crim. App. 2011). “Computer images of child pornography fall within the definition of ‘obscene matter,’ as that term is used in § 13A-12-192, Ala. Code 1975. In Rutledge v.”
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