(a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000) and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year. A second or subsequent violation of this subdivision is a Class C felony if the second or subsequent violation occurs after a conviction has been obtained for a previous violation. Upon a second violation, a corporation or business entity shall be fined not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
(2) It shall be unlawful for any person, being a wholesaler, to knowingly distribute, possess with intent to distribute, or offer or agree to distribute, for the purpose of resale or commercial distribution at retail, any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal. Any person who violates this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than twenty thousand dollars ($20,000) and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than one year. A second or subsequent violation of this subdivision is a Class C felony if the second or subsequent violation occurs after a conviction has been obtained for a previous violation. Upon a second violation, a corporation or business entity shall be fined not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
(3) It shall be unlawful for any person to knowingly produce, or offer or agree to produce, any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal. Any person who violates this subsection shall be guilty of a Class C felony.
(4) If a person is held under this section in the county jail, one-half of any fines collected and due to be deposited to the State General Fund for violations of this section shall be paid by the Comptroller to the general fund of the county where the person is held for the operation of the county jail.
(Acts 1989, No. 89-402, p. 791, §4; Act 98-467, p. 893, §6.)
Notes of Decisions
1568 Montgomery High., Inc. v. City of Hoover, 45 So. 3d 319 (Ala. 2010).
· cites it 121× “Given the extensive history of that litigation, this Court defers a decision regarding the contours of any privacy/due process rights implicated by application of Ala. Code § 13A-12-200.2. We will wait to see what Judge Smith, and the Eleventh Circuit, decide on this issue.”
Williams v. Pryor, 220 F. Supp. 2d 1257 (N.D. Ala. 2002).
· cites it 80× “Accordingly, the extent of the burden on plaintiffs’ right to sexual privacy, as it encompasses their right to use sexual devices, is considered below.”
Williams v. Pryor, 41 F. Supp. 2d 1257 (N.D. Ala. 1999).
· cites it 38× “98-467 extended Alabama Code § 13A-12-200.2 2 —which previously had applied only to the “distribution” of “obscene material” 3 — so as to criminalize the distribution of “any device designed or marketed as primarily useful for the stimulation of human genital organs.”
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008).
· cites it 4× “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-12-200.2, criminalized the distribution of obscene material.”
Sherri Williams v. Troy King, 478 F.3d 1316 (11th Cir. 2007).
· cites it 2× “” 3 Plaintiffs in this case include both married and unmarried users of prohibited sexual devices, as well as vendors of sexual devices operating both in typical retail storefronts and in “tupperware”-style parties where sexual aids and novelties are displayed and sold in homes.”
Williams v. King, 420 F. Supp. 2d 1224 (N.D. Ala. 2006).
· cites it 6× “See supra note 2 (reciting the text of Ala. Code § 13A-12-200.2(a)(1)). 48 . Moreover, statutes regulating ordinary economic and commercial activities in the distribution, sale, and purchase of consumer products are subject only to rational basis scrutiny.”
Scott v. State, 917 So. 2d 159 (Ala. Crim. App. 2005).
· cites it 2× “1995), this Court upheld King's seven convictions for the unlawful distribution of obscene material in violation of § 13A-12-200.2, stemming from two separate transactions involving the sale of seven videotapes.”
Ranch House, Inc. v. Amerson, 146 F. Supp. 2d 1180 (N.D. Ala. 2001).
· cites it 3× “Ala. Code § 13A-12-200.2 (West 1989). The current § 200.”
State v. Brenan, 772 So. 2d 64 (La. 2000).
“See Ala.Code § 13A-12-200.2(a)(1); Colo.Rev.Stat.”
Sprint Corp. v. Evans, 818 F. Supp. 1447 (M.D. Ala. 1993).
· cites it 2× “” 1975 Ala.Code § 13A-12-200.2(1). The statute defines the term “material” to include "any .”
Ala. Code § 13A-12-200.2(1): 3 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-12-200.2, criminalized the distribution of obscene material.”
Scott v. State, 917 So. 2d 159 (Ala. Crim. App. 2005).
“1995), this Court upheld King's seven convictions for the unlawful distribution of obscene material in violation of § 13A-12-200.2, stemming from two separate transactions involving the sale of seven videotapes.”
Sprint Corp. v. Evans, 818 F. Supp. 1447 (M.D. Ala. 1993).
“” 1975 Ala.Code § 13A-12-200.2(1). The statute defines the term “material” to include "any .”
Ala. Code § 13A-12-200.2(1)(a): 1 case
Williams v. Pryor, 41 F. Supp. 2d 1257 (N.D. Ala. 1999).
“98-467 extended Alabama Code § 13A-12-200.2 2 —which previously had applied only to the “distribution” of “obscene material” 3 — so as to criminalize the distribution of “any device designed or marketed as primarily useful for the stimulation of human genital organs.”
Ala. Code § 13A-12-200.2(a)(1): 11 cases
Williams v. Pryor, 220 F. Supp. 2d 1257 (N.D. Ala. 2002).
“Accordingly, the extent of the burden on plaintiffs’ right to sexual privacy, as it encompasses their right to use sexual devices, is considered below.”
Williams v. Pryor, 41 F. Supp. 2d 1257 (N.D. Ala. 1999).
“98-467 extended Alabama Code § 13A-12-200.2 2 —which previously had applied only to the “distribution” of “obscene material” 3 — so as to criminalize the distribution of “any device designed or marketed as primarily useful for the stimulation of human genital organs.”
1568 Montgomery High., Inc. v. City of Hoover, 45 So. 3d 319 (Ala. 2010).
“Given the extensive history of that litigation, this Court defers a decision regarding the contours of any privacy/due process rights implicated by application of Ala. Code § 13A-12-200.2. We will wait to see what Judge Smith, and the Eleventh Circuit, decide on this issue.”
Sherri Williams v. Troy King, 478 F.3d 1316 (11th Cir. 2007).
“” 3 Plaintiffs in this case include both married and unmarried users of prohibited sexual devices, as well as vendors of sexual devices operating both in typical retail storefronts and in “tupperware”-style parties where sexual aids and novelties are displayed and sold in homes.”
Williams v. King, 420 F. Supp. 2d 1224 (N.D. Ala. 2006).
“See supra note 2 (reciting the text of Ala. Code § 13A-12-200.2(a)(1)). 48 . Moreover, statutes regulating ordinary economic and commercial activities in the distribution, sale, and purchase of consumer products are subject only to rational basis scrutiny.”
Ala. Code § 13A-12-200.2(a)(2): 1 case
Williams v. Pryor, 220 F. Supp. 2d 1257 (N.D. Ala. 2002).
“Accordingly, the extent of the burden on plaintiffs’ right to sexual privacy, as it encompasses their right to use sexual devices, is considered below.”
Ala. Code § 13A-12-200.2(a)(l): 5 cases
Williams v. Pryor, 220 F. Supp. 2d 1257 (N.D. Ala. 2002).
“Accordingly, the extent of the burden on plaintiffs’ right to sexual privacy, as it encompasses their right to use sexual devices, is considered below.”
Williams v. Pryor, 41 F. Supp. 2d 1257 (N.D. Ala. 1999).
“98-467 extended Alabama Code § 13A-12-200.2 2 —which previously had applied only to the “distribution” of “obscene material” 3 — so as to criminalize the distribution of “any device designed or marketed as primarily useful for the stimulation of human genital organs.”
1568 Montgomery High., Inc. v. City of Hoover, 45 So. 3d 319 (Ala. 2010).
“Given the extensive history of that litigation, this Court defers a decision regarding the contours of any privacy/due process rights implicated by application of Ala. Code § 13A-12-200.2. We will wait to see what Judge Smith, and the Eleventh Circuit, decide on this issue.”
Williams v. King, 420 F. Supp. 2d 1224 (N.D. Ala. 2006).
“See supra note 2 (reciting the text of Ala. Code § 13A-12-200.2(a)(1)). 48 . Moreover, statutes regulating ordinary economic and commercial activities in the distribution, sale, and purchase of consumer products are subject only to rational basis scrutiny.”
Sherri Williams v. Troy King, 478 F.3d 1316 (11th Cir. 2007).
“” 3 Plaintiffs in this case include both married and unmarried users of prohibited sexual devices, as well as vendors of sexual devices operating both in typical retail storefronts and in “tupperware”-style parties where sexual aids and novelties are displayed and sold in homes.”
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