An act relating to crimes and punishments, the official text

1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1861               By: Roberts

4

5

6                   AS INTRODUCED

7   An Act relating to crimes and punishments; amending

    21 O.S. 2021, Section 1031, as last amended by

8   Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp.

    2024, Section 1031), which relates to the Oklahoma

9   Law on Obscenity and Child Pornography; providing

    statutory reference for prostitution-related offense;

10  and providing an effective date.

11

12

13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY  21 O.S. 2021, Section 1031, as

15 last amended by Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp.

16 2024, Section 1031), is amended to read as follows:

17  Section 1031. A. Except as provided in subsection B, C, D, or

18 E of this section, any person violating any of the provisions of

19 paragraph 1, 2, 3, or 5 of subsection A of Section 1029 or Section

20 1030 of this title shall, upon conviction, be guilty of a

21 misdemeanor and shall be punished by imprisonment in the county jail

22 for not less than thirty (30) days nor more than one (1) year or by

23 fines as follows: a fine not more than Two Thousand Five Hundred

24 Dollars ($2,500.00) upon the first conviction for violation of any

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1 of such provisions, a fine not more than Five Thousand Dollars

2 ($5,000.00) upon the second conviction for violation of any of such

3 provisions, and a fine not more than Seven Thousand Five Hundred

4 Dollars ($7,500.00) upon the third or subsequent convictions for

5 violation of any of such provisions, or by both such imprisonment

6 and fine. In addition, the court may require a term of community

7 service not less than forty (40) nor more than eighty (80) hours.

8 The court in which any such conviction is had shall notify the

9 county superintendent of public health of such conviction.

10  B. Any person who engages in an act of prostitution with

11 knowledge that he or she is infected with the human immunodeficiency

12 virus shall, upon conviction, be guilty of a felony punishable by

13 imprisonment in the custody of the Department of Corrections for not

14 more than five (5) years.

15  C. Any person who engages in an act of child prostitution as

16 defined in Section 1030 of this title shall, upon conviction, be

17 guilty of a felony punishable by imprisonment in the custody of the

18 Department of Corrections for not more than ten (10) years and by

19 fines as follows: a fine not more than Five Thousand Dollars

20 ($5,000.00) upon the first conviction, a fine not more than Ten

21 Thousand Dollars ($10,000.00) upon the second conviction, and a fine

22 not more than Fifteen Thousand Dollars ($15,000.00) upon the third

23 or subsequent convictions.

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1   D. Any person violating any of the provisions of Section 1029

2 or 1030 of this title within one thousand (1,000) feet of a school

3 or church shall, upon conviction, be guilty of a felony and shall be

4 punished by imprisonment in the custody of the Department of

5 Corrections for not more than five (5) years or by fines as follows:

6 a fine not more than Two Thousand Five Hundred Dollars ($2,500.00)

7 upon the first conviction for violation of any of such provisions, a

8 fine not more than Five Thousand Dollars ($5,000.00) upon the second

9 conviction for violation of any of such provisions, and a fine not

10 more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the

11 third or subsequent convictions for violation of any of such

12 provisions, or by both such imprisonment and fine. In addition, the

13 court may require a term of community service not less than forty

14 (40) nor more than eighty (80) hours. The court in which any such

15 conviction is had shall notify the county superintendent of public

16 health of such conviction.

17  E. Any person violating paragraph 4 of subsection A of Section

18 1029 of this title shall, upon conviction, be guilty of a felony and

19 shall be punished in accordance with the provisions of paragraph 1,

20 2, and 4 of subsection B of Section 1040.57 of this title.

21  SECTION 2. This act shall become effective November 1, 2025.

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23  60-1-11703      GRS        12/31/24

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