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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 593 By: Deevers
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6 AS INTRODUCED
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7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Sections 1024.1, as amended by Section
8 2, Chapter 103, O.S.L. 2024, 1024.2, as amended by
8 Section 15, Chapter 59, O.S.L. 2024, and 1040.8, as
9 amended by Section 18, Chapter 59, O.S.L. 2024 (21
9 O.S. Supp. 2024, Sections 1024.1, 1024.2, and
10 1040.8), which relate to obscenity and child sexual
10 abuse material; updating statutory reference;
11 providing severability clause; authorizing civil
11 action; providing elements of certain award;
12 modifying elements of felony offense; creating felony
12 offenses; providing penalties; authorizing certain
13 relief; construing provision; modifying elements of
13 misdemeanor offense; updating statutory language; and
14 providing an effective date.
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15
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, as
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18 amended by Section 2, Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024,
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19 Section 1024.1), is amended to read as follows:
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20 Section 1024.1. A. As used in Sections 1021, 1021.1 through
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21 1021.4, Sections 1022, 1023, and Sections 1040.8 through 1040.24 of
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22 this title, "child pornography" sexual abuse material" means:
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23 1. Any visual depiction of a child engaged in any act of
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24 sexually explicit conduct;
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1 2. Any visual depiction of a child that has been adapted,
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2 altered, or modified so that the child depicted appears to be
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3 engaged in any act of sexually explicit conduct; or
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4 3. Any visual depiction that appears to be a child, regardless
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5 of whether the image is a depiction of an actual child, a computer-
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6 generated image, or an image altered to appear to be a child,
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7 engaged in any act of sexually explicit conduct, and such visual
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8 depiction is obscene.
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9 B. Each visual depiction or individual image of child
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10 pornography shall constitute a separate item and act.
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11 C. As used in Sections 1021 through 1024.4 and Sections 1040.8
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12 through 1040.24 of this title:
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13 1. "Child" means a person under eighteen (18) years of age;
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14 2. "Obscene" means any performance or depiction, in any form or
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15 on any medium, if said the material when taken as a whole:
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16 a. appeals to the prurient interest in sex as determined
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17 by the average person applying the contemporary
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18 standards of their community,
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19 b. depicts, represents, or displays sexually explicit
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20 conduct in a patently offensive way, and
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21 c. a reasonable person would find the material or
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22 performance lacks serious literary, artistic,
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23 educational, political, or scientific value;
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1 3. "Performance" means any display, live, recorded, or
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2 transmitted, in any form or medium;
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3 4. "Sexually explicit conduct" means any of the following
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4 whether actual or simulated:
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5 a. acts of sexual intercourse,
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6 b. acts of oral and anal sodomy,
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7 c. acts of masturbation,
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8 d. acts of sexual activity with an animal,
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9 e. acts of sadomasochism including:
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10 (1) flagellation or torture by or upon any person who
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11 is nude or clad in undergarments or in a costume
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12 which is of a revealing nature, or
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13 (2) the condition of being fettered, bound, or
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14 otherwise physically restrained on the part of
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15 one who is nude or so clothed,
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16 f. acts of excretion in a sexual context, or
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17 g. exhibiting genitalia, breast, or pubic area for the
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18 purpose of the sexual stimulation of the viewer;
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19 5. "Explicit child pornography" sexual abuse material" means
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20 material which a law enforcement officer can immediately identify as
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21 child pornography sexual abuse material; and
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22 6. "Unlawful pornography" means any visual depiction or
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23 individual image stored or contained in any format on any medium
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24 including, but not limited to, film, motion picture, videotape,
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1 photograph, negative, undeveloped film, slide, photographic product,
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2 reproduction of a photographic product, play, or performance in
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3 which a person is engaged in any of the following acts with a
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4 person:
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5 a. sexual intercourse which is normal or perverted,
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6 b. anal sodomy,
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7 c. sexual activity with an animal,
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8 d. sadomasochistic abuse,
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9 e. flagellation or torture,
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10 f. physical restraint such as binding or fettering in the
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11 context of sexual conduct,
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12 g. fellatio or cunnilingus,
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13 h. excretion in the context of sexual conduct,
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14 i. lewd exhibition of the uncovered genitals in the
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15 context of masturbation or other sexual conduct, and
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16 j. lewd exhibition of the uncovered genitals, buttocks,
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17 or, if such person is female, the breast, for the
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18 purpose of sexual stimulation of the viewer; and
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19 7. "Visual depiction" means any depiction, picture, movie,
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20 performance, or image displayed, stored, shared, or transmitted in
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21 any format and on any medium including data that is capable of being
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22 converted into a depiction, picture, movie, performance, or image.
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23 D. It is the intent of the Legislature that every provision,
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24 section, subsection, sentence, clause, phrase, or word in the
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1 definition of unlawful pornography is severable from each other,
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2 such that if any of the listed items is found by a court to be
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3 invalid or unconstitutional, the remaining items will be severed and
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4 may not be affected. All constitutionally valid applications of
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5 this section shall be severed from any application that a court
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6 finds to be invalid, leaving the valid applications in force,
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7 because it is the intent and priority of the Legislature that the
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8 valid applications be allowed to stand alone. Even if a reviewing
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9 court finds a provision of this section to be an unconstitutional
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10 restraint in a large or substantial fraction of relevant cases, the
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11 applications that do not present an unconstitutional restraint shall
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12 be severed from the remaining applications and shall remain in
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13 force, and shall be treated as if the Legislature had enacted a
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14 statute limited to the person, group of persons, or circumstances
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15 for which the application of the statute does not present an
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16 unconstitutional restraint on protected speech. If any court
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17 declares or finds a provision of this section facially
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18 unconstitutional, when discrete applications of that provision can
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19 be enforced against a persons, group of persons, or circumstances
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20 without violating the United States Constitution and Oklahoma
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21 Constitution, those applications shall be severed from all remaining
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22 applications of the provision, and the provision shall be
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23 interpreted as if the Legislature had enacted a provision limited to
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24 the person, group of persons, or circumstances for which the
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1 provision's application will not violate the United States
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2 Constitution and Oklahoma Constitution.
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3 E. The Legislature further declares that it would have enacted
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4 this section, and each provision, subsection, sentence, clause,
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5 phrase, or word, and all constitutional applications of this
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6 section, irrespective of the fact that any provision, subsection,
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7 sentence, clause, phrase, or word, or application of this section,
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8 were to be declared unconstitutional or to represent an
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9 unconstitutional restraint. If any provision of this section is
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10 found by any court to be unconstitutionally vague, then the
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11 applications of that provision that do not present constitutional
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12 vagueness problems shall be severed and remain in force. No court
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13 may decline to enforce the severability requirements of this section
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14 on the grounds that severance would rewrite the statute or involve
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15 the court in legislative or lawmaking activity.
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16 F. Each of the items of unlawful pornography in paragraph 6 of
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17 subsection C of this section are depictions of sexual conduct which
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18 are patently offensive under contemporary community standards in
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19 this state, and have as their dominant theme an appeal to prurient
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20 interest in sex under contemporary community standards of this
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21 state, and may not be produced or distributed within the state if
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22 they lack serious literary, artistic, educational, political, or
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23 scientific purposes or value.
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1 G. Any person, other than an officer or employee of a state or
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2 local governmental entity in this state, may bring a civil action
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3 against any person who:
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4 1. Produces or distributes unlawful pornography that lacks
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5 serious literary, artistic, educational, political, or scientific
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6 purposes or value;
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7 2. Knowingly engages in conduct that aids or abets the
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8 production or distribution of unlawful pornography that lacks
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9 serious literary, artistic, educational, political, or scientific
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10 purposes or value; or
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11 3. Intends to engage in the conduct provided for in paragraphs
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12 1 and 2 of this subsection.
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13 H. If a claimant prevails in an action brought under this
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14 section, the court shall award:
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15 1. Injunctive relief sufficient to prevent the defendant from
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16 violating this section or engaging in acts that aid or abet
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17 violations of this section;
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18 2. Statutory damages not less than Ten Thousand Dollars
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19 ($10,000.00) for each image or depiction produced or distributed
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20 within this state; and
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21 3. Court costs and attorney fees.
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22 I. Notwithstanding any other provision of law, a court may not
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23 award court costs or attorney fees to a defendant in an action
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24 brought under this section.
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1 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1024.2, as
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2 amended by Section 15, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
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3 Section 1024.2), is amended to read as follows:
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4 Section 1024.2. A. It shall be unlawful for any person to buy,
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5 procure, view, traffic, or possess child:
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6 1. Child sexual abuse material or obscene materials; or
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7 2. Unlawful pornography that lacks serious literary, artistic,
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8 educational, political, or scientific purposes or value as defined
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9 in violation of Sections Section 1024.1 through 1024.4 of this
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10 title. Such
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11 B. 1. A person who violates paragraph 1 of subsection A of
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12 this section shall, upon conviction, be guilty of a felony and shall
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13 be imprisoned punishable by imprisonment in the custody of the
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14 Department of Corrections for a period of not more less than twenty
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15 (20) ten (10) years or nor more than thirty (30) years, and a fine
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16 up to, but not exceeding, Twenty-five Thousand Dollars ($25,000.00)
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17 or by both such fine and imprisonment not to exceed Two Hundred
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18 Fifty Thousand Dollars ($250,000.00). A person who receives a
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19 second or subsequent conviction pursuant to this subsection shall be
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20 punished by imprisonment in the custody of the Department of
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21 Corrections for not less than fifteen (15) years nor more than fifty
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22 (50) years and a fine not to exceed Three Hundred Thousand Dollars
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23 ($300,000.00).
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1 2. A person who violates paragraph 2 of subsection A of this
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2 section shall, upon conviction, be guilty of a felony punishable by
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3 imprisonment in the custody of the Department of Corrections for not
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4 more than ten (10) years and a fine not to exceed One Hundred
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5 Thousand Dollars ($100,000.00) for each violation.
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6 3. For purposes of this section, "trafficking pornography"
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7 means the production, sale, distribution, transportation, or
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8 dissemination of pornography through any medium, including physical
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9 or electronic means, for financial or material gain or with intent
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10 to exploit.
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11 a. Trafficking of child sexual abuse material or unlawful
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12 pornography conducted through organized operations
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13 shall be punishable by imprisonment in the custody of
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14 the Department of Corrections for a term not more than
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15 forty (40) years nor less than fifteen (15) years and
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16 a fine not to exceed Five Hundred Thousand Dollars
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17 ($500,000.00).
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18 b. Victims of trafficking offenses may recover statutory
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19 damages not less than Fifty Thousand Dollars
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20 ($50,000.00) per occurrence, attorney fees, and
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21 injunctive relief.
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22 This section shall not be construed to prevent spouses from sending
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23 images of a sexual nature to each other.
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1 SECTION 3. AMENDATORY 21 O.S. 2021, Section 1040.8, as
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2 amended by Section 18, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
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3 Section 1040.8), is amended to read as follows:
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4 Section 1040.8. A. No person shall knowingly photograph, act
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5 in, pose for, model for, print, sell, offer for sale, give away,
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6 exhibit, publish, offer to publish, or otherwise distribute,
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7 display, or exhibit any book, magazine, story, pamphlet, paper,
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8 writing, card, advertisement, circular, print, picture, photograph,
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9 motion picture film, electronic video game or recording, image,
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10 cast, slide, figure, instrument, statue, drawing, presentation, or
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11 other article which is obscene material, unlawful pornography, or
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12 child sexual abuse material, as defined in Section 1024.1 of this
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13 title. In the case of any unsolicited mailing of any of the
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14 material listed in this section, the offense is deemed complete from
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15 the time such material is deposited in any post office or delivered
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16 to any person with intent that it shall be forwarded. Also, unless
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17 preempted by federal law, no unsolicited mail which is harmful to
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18 minors pursuant to Section 1040.75 of this title shall be mailed to
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19 any person. The party mailing the materials specified in this
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20 section may be indicted and tried in any county wherein such
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21 material is deposited or delivered, or in which it is received by
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22 the person to whom it is addressed.
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23 B. Any person who violates any provision of this section
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24 involving obscene materials or unlawful pornography, upon
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1 conviction, shall be guilty of a misdemeanor and shall be punished
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2 by imprisonment in the county jail for not more than one (1) year,
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3 or by a fine of not less than Two Thousand Dollars ($2,000.00), or
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4 by both such fine and imprisonment.
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5 C. Any person who violates any provision of this section
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6 involving child sexual abuse material, upon conviction, shall be
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7 guilty of a felony and shall be punished by imprisonment in the
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8 custody of the Department of Corrections for not less than three (3)
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9 years and not more than twenty (20) years, or by a fine of not less
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10 than Ten Thousand Dollars ($10,000.00), or by both such fine and
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11 imprisonment. Any person convicted of a second or subsequent
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12 violation shall, upon conviction, be punished by imprisonment in the
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13 custody of the Department of Corrections for not less than ten (10)
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14 years and not more than thirty (30) years, or by a fine of not less
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15 than Twenty Thousand Dollars ($20,000.00), or by both such fine and
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16 imprisonment. The violator, upon conviction, shall be required to
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17 register as a sex offender under the Sex Offenders Registration Act.
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18 SECTION 4. This act shall become effective November 1, 2025.
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Req. No. 1324 Page 11Every fact on this page links to its source, starting with the official bill record.