Alabama Softens Obscenity Law

MONTGOMERY, Alabama – After coming under fire for having one of the toughest obscenity laws in the nation, an Alabama Supreme Court has amended the law and ruled that a person can only be convicted of obscenity once for possessing what is considered "obscene material."

The state's obscenity law, which contains a child pornography statute, went into effect in 1998 and criminalizes the distribution of material that is harmful to minors. It prohibits adult entertainment businesses from presenting nude dancing without covering the male or female genitals and female breasts, and it prevents adult businesses from locating within 1,000 feet of any church, place of worship, church bookstore, public park, public housing project, day care center, public or private school, college, recreation center, skating rink, video arcade, public swimming pool, private residence, or any other place frequented by minors.

The law also makes it unlawful to sell sex toys, or as the law dictates: any device designed or marketed as useful primarily for the stimulation of human genital organs.

When the law was passed in July 1998, it fell under immediate attack from the owners of several strip clubs, adult novelty shop owners, and individuals, each of whom filed federal lawsuits against the state.

In April of this year, state legislators had a chance to remove the ban on sex toys, but decided to vote against it, and several years ago, Alabama's Attorney General Bill Pryor filed obscenity charges against Barnes & Nobles for selling copies of art photography books that the state felt contained "obscene" material.

The Alabama Supreme Court's decision this week to lessen the penalty for obscenity in Alabama was based on a child pornography case against a public works officer named David Girard who was convicted on 10 counts of possessing obscene material on his computer.

The Supreme Court ruled in an 8-0 decision that a person can be convicted only once for possessing obscene material no matter how many pictures they had at the time of their arrest.

Based on the court's decision, nine of the 10 counts have been dismissed and Girard will only go to prison for one of the three-year jail terms he was sentenced to, according to the Associated Press.

Girard has originally charged with possessing "obscene" material that depicted boys under the age of 18 years.

Alabama Attorney General Pryor originally argued that Girard should be charged and sentenced based on each individual piece of obscene material, treating each as a separate obscenity crime, the AP reported.

Although the Supreme Court disagreed and ruled that Girard would be sentenced for "possessing obscene material" as the offense, not the volume of offensive materials in his possession.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Nebraska Legislature Passes Republican's Age Verification Bill With No Votes Against It

Nebraska’s unicameral legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still have antitrust claims that they may pursue in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have filed a petition before the United States Court of Appeals for the 5th Circuit asking to stay its recent upholding the law because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) issued a statement vowing to continue fighting Florida’s age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Texas AG Ken Paxton Sues Chaturbate, xHamster Over Controversial Age Verification Law

Texas Attorney General Ken Paxton filed lawsuits on Tuesday against the parent companies of Chaturbate and xHamster, claiming that the sites are not complying with the state’s controversial age verification law, HB 1181.

GirlsDoPorn's Michael Pratt Extradited From Spain, Pleads 'Not Guilty'

Former GirlsDoPorn owner Michael Pratt made his first appearance in federal court Tuesday following his extradition from Spain Monday night, according to a statement released by the Department of Justice.

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Idaho Legislature Passes Republican Age Verification Bill With Full Democratic Support

The Idaho legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More