American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 7

MEMORANDUM in Support of Motion for Preliminary Injunction by Alaska Library Association, American Booksellers Foundation for Free Expression, American Civil Liberties Union of Alaska, Association of American Publishers, Inc., Book Blizzard LLC, Bosco's, Inc., Comic Book Legal Defense Fund, David & Melissa LLC, Donald R. Douglas, Entertainment Merchants Association, Freedom to Read Foundation 5 MOTION for Preliminary Injunction filed by Book Blizzard LLC, American Booksellers Foundation for Free Expression, Alaska Library Association, Freedom to Read Foundation, American Civil Liberties Union of Alaska, David & Melissa LLC, Donald R. Douglas, Bosco's, Inc., Entertainment Merchants Association, Association of American Publishers, Inc., Comic Book Legal Defense Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McKay, D.)

American Booksellers Foundation for Free Expression et al v. Sullivan

Doc. 7 Att. 2

ATTACHMENT B
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 (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.

B-1
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