Ala. Pattern Jury Instr. (Criminal) 13A-12-191

Dissemination or Display of Obscene Matter

[*These instructions apply only to offenses committed before 10/1/2024]

The defendant is charged with the dissemination or display of

obscene matter.

A person commits the crime of dissemination or display of obscene

matter if he/she knowingly disseminates or displays 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.

To convict, the State must prove beyond a reasonable doubt each of

the following elements:

(1) The defendant disseminated or displayed publicly an obscene

matter containing a visual depiction of a person under the age of

17 years;

(2) The person under the age of 17 was engaged in an act of

sado-masochistic abuse, sexual intercourse, sexual excitement,

masturbation, breast nudity, genital nudity, or other sexual

conduct;

(AND)

(3) The defendant did so knowingly.

[Read as appropriate]: You may infer from the following factors

whether or not the person displayed or depicted in any obscene matter is

under the age of 17 years:

(1) The general body growth and bone structure of the person;

(2) The development of pubic hair or body hair on the person;

(3) The development of the person's sexual organs;

(4) The context in which the person is placed by any accompanying

printed or text material;

(5) Any expert testimony as to the degree of

maturity of the person. [13A-12-193(b)]

The existence of any or all of the factors listed shall not operate to change

the requirement that before any conviction may be had, the State must

convince you beyond a reasonable doubt that the person engaged in the act

of sado-masochistic abuse, sexual intercourse, sexual excitement,

masturbation, breast nudity, genital nudity, or other sexual conduct in the

visual depiction is under the age of 17 years. [13A-12-193(c)]

[Read as appropriate]: The State shall not be required to establish the

identity of the person alleged to be under the age of 17 years who is engaged

in any of the acts described which are visual depiction. [13A-12-194]

Disseminate is to transmit, distribute, sell, lend, provide, transfer, or

show, including through electronic means. [13A-12-190(1)]

Display Publicly is 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. [13A-12-190(2)]

A Public Thoroughfare, Depot or Vehicle is 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. [13A-12-190(3)]

Obscene:

(a) When used to describe any matter that contains a visual reproduction of

breast nudity, the term shall include all of the following:

(1) Applying contemporary local community standards, on the

whole, appeals to the prurient interest;

(2) Is patently offensive;

(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, the term means matter containing a

visual reproduction that itself lacks serious literary, artistic, political, or

scientific value.

[13A-12-190(13)]

[Read as appropriate]: Where the circumstances of the

dissemination or public display of matter indicates that it is being

commercially exploited by the defendant for its prurient appeal, such

evidence may be considered in determining whether the matter appeals to

the prurient interest, is patently offensive, or lacks serious literary, artistic,

political or scientific value. [13A-12-195]

Breast Nudity is the lewd showing of the post-pubertal human female

breasts below a point immediately above the top of the areola. [13A-12-

190(10)]

Local Community is the judicial circuit in which the indictment is

brought. [13A-12-190(14)]

Sado-Masochistic Abuse means 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;

[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. [13A -12-

190(5)]

Sexual Intercourse is 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. [13A-12-

190(7)]

Sexual Excitement is the condition of human male or female genitals

when in a state of sexual stimulation. [13A-12-190(6)]

Masturbation is manipulation, by hand or instrument, of the human

genitals, whether one’s own or another’s for the purpose of sexual

stimulation.

[13A-12-190(8)]

Genital Nudity is the lewd showing of the genitals or pubic

area. [13A-12-190(11)]

Other Sexual Conduct is 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. [13A-

12-190(9)]

Matter is 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.

[13A-12-190(12)]

Visual Depiction is a portrayal, representation, illustration, image,

likeness, or other thing that creates a sensory impression, whether an

original, duplicate or reproduction. [13A-12-190(15)]

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. [13A-12-190(4)]

If you find from the evidence that the State has proved beyond a

reasonable doubt each of the elements of dissemination or display of obscene

matter, then you shall find the defendant guilty of dissemination or display of

obscene matter.

If you find from the evidence that the State has failed to prove any one

or more of the elements of dissemination or display of obscene matter, then

you cannot find the defendant guilty of dissemination or display of obscene

matter.