American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 1

COMPLAINT for Declaratory and Injunctive Relief against Daniel S. Sullivan (Filing fee $ 350. Receipt #ANC002405), filed by Freedom to Read Foundation, Bosco's, Inc., Association of American Publishers, Inc., David & Melissa LLC, Book Blizzard LLC, Donald R. Douglas, American Civil Liberties Union of Alaska, Alaska Library Association, American Booksellers Foundation for Free Expression, Comic Book Legal Defense Fund and Entertainment Merchants Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(NXL, COURT STAFF)

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American Booksellers Foundation for Free Expression et al v. Sullivan Doc. 1 Att. 1 EXHIBIT A American Booksellers Association v. Sullivan, Case No. 3:10-00193-RRB Complaint, Exhibit A Dockets.Justia.com TEXT OF AMENDED ACT Sec. 11.61.128. Electronic distribution of indecent material to minors. (a) A person commits the crime of distribution of indecent material to minors if (1) the person, being 18 years of age or older, knowingly distributes to another person any material that depicts the following actual or simulated conduct: (A) sexual penetration; (B) the lewd touching of a person's genitals, anus, or female breast; (C) masturbation; (D) bestiality; (E) the lewd exhibition of a person's genitals, anus, or female breast; or (F) sexual masochism or sadism; (2) the material is harmful to minors; and (3) either (A) the other person is a child under 16 years of age; or (B) the person believes that the other person is a child under 16 years of age. (b) In this section, it is not a defense that the victim was not actually under 16 years of age. (c) Except as provided in (d) of this section, distribution of indecent material to minors is a class C felony. (d) Distribution of indecent material to minors is a class B felony if the defendant was, at the time of the offense, required to register as a sex offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction. (e) In this section, "harmful to minors" means (1) the average individual, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest in sex for persons under 16 years of age; (2) a reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, educational, political, or scientific value for persons under 16 years of age; and American Booksellers Association v. Sullivan, Case No. 3:10-00193-RRB Complaint, Exhibit A Page 2 of 3 (3) the material depicts actual or simulated conduct in a way that is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable for persons under 16 years of age. American Booksellers Association v. Sullivan, Case No. 3:10-00193-RRB Complaint, Exhibit A Page 3 of 3

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