- (a) A person is guilty of transmitting obscene material to a child if the person transmits to a child, or another person believed by the defendant to be a child, by means of any cellular device, online application, computer communication system allowing the input, output, examination, or transfer of computer programs from one computer to another, or any other electronic means, material which, in whole or in part, depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse, for the purpose of initiating or engaging in sexual conduct pursuant to Section 13A-12-200.1, sexual performance, or a sex offense pursuant to Section 15-20A-5 with the child.
- (b) For the purposes of this section, a “child” includes any person under 17 years of age.
- (c) For purposes of determining jurisdiction, the offense is committed in this state if the transmission that constitutes the offense either originates in this state or is received in this state and shall be considered to be committed in any county in which any part of the crime took place or in the county of residence of the victim or defendant.
- (d) A person charged under this section shall be tried as an adult and the record of the proceeding shall not be sealed nor subject to expungement.
- (e) It shall not be a defense to prosecution under this section that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense
- (f) A violation of this section is a Class B felony.”
(Acts 1997, No. 97-486, p. 844, §2; Act 2023-464, §1; Act 2026-375, §1.)