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“ALEC”
NEWShas long been a
secretive collaboration
between
BigLegislation
Business and
Model
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gutand
minimum
wage,Services
and efforts to
weaken public health,
International Relations
safety, and environmental
protections.
Although
Public Safety
andmany
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
Telecommunications
Centerand
forInformation
Media and
Technology
Democracy
hopes more
Americans will study the
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the
depth and breadth of how
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big corporations are
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changing the
legal
rules
and undermining democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

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MODEL LEGISLATION
ALEC INITIATIVES
PUBLICATIONS

Model Legislation

Public Safety and Elections

Obscenity and Child Pornography Act
Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

This Act would clearly and explicitly define material that is obscene, material that is
pornographic for minors, and child pornography. The Act would establish misdemeanor
penalties for first offense sale or distribution of material that is pornographic for minors
and for first offense possession of child pornography. The Act would establish felony
penalties for sale or distribution of obscene material, second offense sale or distribution
of material that is pornographic for minors, and second offense possession of child
pornography.

Model Legislation
{Title, enacting clause, etc.}
Section 1. {Title.} This Act may be cited as the Obscenity and Child Pornography
Act.

Section 2. {Definitions.} As used in this Act:
(A) "Child pornography" means any material or performance depicting sexual conduct,
sexual contact, or a sexual performance as these terms are defined in [cite appropriate
state law], and which has as one of its participants or portrays as an observer of such
conduct, contact, or performance a child under the age of 18; provided, that it shall not
include material that is not the visual reproduction of a live event.
(B) "Displays publicly" means 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 street, highway, or public sidewalk, or from the property of others or
from any portion of the person's store, or the exhibitor's store or property when items
and material other than this material are offered for sale or rent to the public.
(C) "Explicit sexual material" means any pictorial or three-dimensional material depicting
human masturbation, deviate sexual intercourse, sexual intercourse, direct physical
stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction
of post-pubertal human genitals; provided, however, that works of art or of
anthropological significance shall not be deemed to be within the foregoing definition.
(D) "Furnish" means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate,
disseminate, present, exhibit, or otherwise provide.
(E) "Material" means anything printed or written or any picture drawing, photograph,
motion picture film, videotape or videotape production, or pictorial representation, or
any statue or other figure, or any recording or transcription, or any mechanical,
chemical, or electrical reproduction, or anything that is or may be used as a means of
communication. "Material" includes underdeveloped photographs, molds, printing
plates, and other latent representational objects.
(F) "Minor" means any person under the age of 18.
(G) "Nudity" means the showing of post-pubertal human genitals, or pubic area with less
than a fully opaque covering;
(H) "Obscene" means any material or performance if:
(1) applying contemporary community standards, its predominant appeal is to prurient
interest in sex; and
(2) taken as a whole with the average person, applying contemporary community
standards, it depicts or describes sexual conduct in a patently offensive way; and
(3) taken as a whole it lacks serious literary, artistic, political, or scientific value.
Obscenity shall be judged with reference to its impact upon ordinary adults.
(I) "Performance" means any play, motion picture film, video tape, dance, or exhibition
performed before an audience of one or more.
(J) "Pornographic for minors" means any material or performance if the following apply:
(1) The average person, applying contemporary community standards, would find that
the material or performance, taken as a whole, has a tendency to cater or appeal to a

prurient interest of minors; and

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(2) The material or performance depicts or describes nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse in a way which is patently offensive to the
average person applying contemporary adult community standards with respect to what
is suitable for minors; and
(3) The material or performance, taken as a whole, lacks serious literary, artistic,
political, or scientific value for minors.
(K) "Promote" means to manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to
offer or agree to do the same.
(L) "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act
of sexual stimulation or gratification.
(M) "Sexual conduct" means actual or simulated, normal or perverted acts of human
masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a
person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in
an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or
acts including animals or any latent objects in an apparent sexual stimulation or
gratification.
(N) "Sexual excitement" means the condition of human male or female genitals when in
a state of sexual stimulation or arousal.
(O) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver,
transfer, publish, distribute, circulate, disseminate, or to offer or agree to do the same
for purposes of resale or redistribution.

Section 3. {Penalty for wholesale promoting obscenity.}
(A) A person commits the crime of promoting obscenity in the first degree if, knowing its
content and character, he or she:
(1) wholesale promotes or possesses with the purpose to wholesale promote any
obscene material; or
(2) wholesale promotes for minors or possesses with the purpose to wholesale promote
for minors any material pornographic for minors.
(B) Promoting obscenity in the first degree is a class D felony.

Section 4. {Penalty for promoting pornography for minors.}
(A) A person commits the crime of promoting pornography for minors, or obscenity in
the second degree if, knowing its content or character, he or she:
(1) promotes or possesses with the purpose to promote any obscene material for
pecuniary gain;
(2) produces, presents, directs, or participates in any obscene performance for
pecuniary gain;
(3) promotes or possesses with the purpose to promote any material pornographic for
minors for pecuniary gain; or
(4) produces, presents, directs, or participates in any performance pornographic for
minors for pecuniary gain.
(B) Promoting pornography for minors or obscenity in the second degree is a class A
misdemeanor unless the person has pleaded guilty to or has been found guilty of an
offense under this section committed at a different time, in which case it is a class D
felony.

Section 5. {Penalty for possession of child pornography.}
(A) A person commits the crime of possession of child pornography if he or she
knowingly:
(1) possesses or controls any obscene material that has a minor as one of its participants
or portrays as an observer of sexual conduct, sexual contact, or a sexual performance a
minor; or
(2) possesses or controls any material that shows a minor participating or engaging in
sexual conduct.
(B) Possession of child pornography is a class A misdemeanor unless the person has
pleaded guilty or has been found guilty of an offense under this section committed at a
different time, in which case it is a class D felony.

Section 6. {Penalty for furnishing pornographic material to minors.}
(A) A person commits the crime of furnishing pornographic material to minors if,
knowing its content and character, he or she:
(1) furnishes any material pornographic for minors, knowing that the person to whom it
is furnished is a minor or acting in reckless disregard of the likelihood that such person is
a minor; or
(2) produces, presents, directs, or participates in any performance pornographic for
minors that is furnished to a minor knowing that any person viewing such performance

is a minor or acting in reckless disregard of the likelihood that a minor is viewing the
performance.
(B) Furnishing pornographic material to minors is a class A misdemeanor unless the
person has pleaded guilty to or has been found guilty of an offense under this section
committed at a different time, in which case it is a class D felony.

Section 7. {Admissibility of evidence.}
(A) In any prosecution under this Act evidence shall be admissible to show:
(1) what the predominant appeal of the material or performance would be for ordinary
adults or minors;
(2) the literary, artistic, political, or scientific value of the material or performance;
(3) the degree of public acceptance in this state and in the local community;
(4) the appeal to prurient interest in advertising or other promotion of the material or
performance;
(5) the purpose of the author, creator, promoter, furnisher, or publisher of the material
or performance;
(B) Testimony of the author, creator, promoter, furnisher, publisher, or expert testimony,
relating to factors entering into the determination of the issues of obscenity or child
pornography, shall be admissible.
(C) In any prosecution for possession of child pornography or promoting child
pornography in the first or second degree, the determination that the person who
participated in the child pornography was younger than 18 years of age may be made
as set forth in [cite appropriate state law] or reasonable inferences drawn by a judge or
jury after viewing the alleged pornographic material shall constitute sufficient evidence
of the child's age to support a conviction.
(D) In any prosecution for promoting child pornography in the first or second degree, no
showing is required that the performance or material involved appeals to prurient
interest, that it lacks serious literary, artistic, political or scientific value, or that it is
patently offensive to prevailing standards in the community as a whole.

Section 8. {Severability clause.}
Section 9. {Repealer clause.}
Section 10. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995

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