1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 1st Session of the 59th Legislature (2023) | | | 4|COMMITTEE SUBSTITUTE | |FOR | 5|HOUSE BILL NO. 2002 By: Conley of the House | | | 6| and | | | 7| Weaver of the Senate | | | 8| | | | 9| | | | 10| COMMITTEE SUBSTITUTE | | | 11| An Act relating to crimes and punishments; amending | | 21 O.S. 2021, Section 1024.1, which relates to | 12| obscenity definitions; updating statutory citation; | | modifying definition of obscene material; adding | 13| definition; and providing an effective date. | | | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, is | | | 18|amended to read as follows: | | | 19| Section 1024.1 A. As used in Sections 1021, 1021.1 through | | | 20|1021.4, Sections 1022through 1024and 1023, and Sections 1040.8 | | | 21|through 1040.24 of this title, "child pornography" means and | | | 22|includes any visual depiction or individual image stored or | | | 23|contained in any format on any medium including, but not limited to, | | | 24|film, motion picture, videotape, photograph, negative, undeveloped | | | arsid4667565 HB2002 HFLR Page 1 ___________________________________________________________________________
1|film, slide, photographic product, reproduction of a photographic | | | 2|product, play or performance wherein a minor under the age of | | | 3|eighteen (18) years is engaged in any act with a person, other than | | | 4|his or her spouse, of sexual intercourse which is normal or | | | 5|perverted, in any act of anal sodomy, in any act of sexual activity | | | 6|with an animal, in any act of sadomasochistic abuse including, but | | | 7|not limited to, flagellation or torture, or the condition of being | | | 8|fettered, bound or otherwise physically restrained in the context of | | | 9|sexual conduct, in any act of fellatio or cunnilingus, in any act of | | | 10|excretion in the context of sexual conduct, in any lewd exhibition | | | 11|of the uncovered genitals in the context of masturbation or other | | | 12|sexual conduct, or where the lewd exhibition of the uncovered | | | 13|genitals, buttocks or, if such minor is a female, the breast, has | | | 14|the purpose of sexual stimulation of the viewer, or wherein a person | | | 15|under the age of eighteen (18) years observes such acts or | | | 16|exhibitions. Each visual depiction or individual image shall | | | 17|constitute a separate item and multiple copies of the same identical | | | 18|material shall each be counted as a separate item. | | | 19| B. As used in Sections 1021 through 1024.4 and Sections 1040.8 | | | 20|through 1040.24 of this title: | | | 21| 1. "Obscene material" means and includes any representation, | | | 22|performance, depiction or description of sexual conduct, whether in | | | 23|any form or on any medium including any book, article, magazine, | | | 24|publication, or written matter of any kind, or any drawing, etching, | | | arsid4667565 HB2002 HFLR Page 2 ___________________________________________________________________________
1|painting, still photographs, undeveloped photographs, motion | | | 2|pictures, undeveloped film, videotape, optical, magnetic or | | | 3|solid-state storage, CD or DVD, or a purely photographic product or | | | 4|a reproduction of such product in any book, pamphlet, magazine, or | | | 5|other publication or electronic or photo-optical format, if said | | | 6|items contain the following elements: | | | 7| a. depictions or descriptions of sexual conduct which | | | 8| are patently offensive as found by the average person | | | 9| applying contemporary community standards, | | | 10| b. taken as a whole, have as the dominant theme an | | | 11| appeal to prurient interest in sex as found by the | | | 12| average person applying contemporary community | | | 13| standards, and | | | 14| c. a reasonable person would find the material or | | | 15| performance taken as a whole lacks serious literary, | | | 16| artistic, educational, political, or scientific | | | 17| purposes or value. | | | 18|The standard for obscenity applied in subparagraphs b and c of this | | | 19|subsection shall not apply when an adult knowingly provides material | | | 20|that qualifies as obscene material or harmful to minors, as such | | | 21|terms are defined in this section. The standard for obscenity | | | 22|applied in this section shall not apply to child pornography; | | | 23| 2. "Performance" means and includes any display, live or | | | 24|recorded, in any form or medium; | | | arsid4667565 HB2002 HFLR Page 3 ___________________________________________________________________________
1| 3. "Sexual conduct" means and includes any of the following: | | | 2| a. acts of sexual intercourse including any intercourse | | | 3| which is normal or perverted, actual or simulated, | | | 4| b. acts of deviate sexual conduct, including oral and | | | 5| anal sodomy, | | | 6| c. acts of masturbation, | | | 7| d. acts of sadomasochistic abuse including but not | | | 8| limited to: | | | 9| (1) flagellation or torture by or upon any person who | | | 10| is nude or clad in undergarments or in a costume | | | 11| which is of a revealing nature, or | | | 12| (2) the condition of being fettered, bound, or | | | 13| otherwise physically restrained on the part of | | | 14| one who is nude or so clothed, | | | 15| e. acts of excretion in a sexual context, or | | | 16| f. acts of exhibiting human genitals or pubic areas;and| | | 17| 4. "Explicit child pornography" means material which a law | | | 18|enforcement officer can immediately identify upon first viewing | | | 19|without hesitation as child pornography; and | | | 20| 5. "Harmful to minors" shall have the same meaning as provided | | | 21|for in paragraph 2 of Section 1040.75 of this title. | | | 22| The types of sexual conduct described in paragraph 3 of this | | | 23|subsection are intended to include situations when, if appropriate | | | 24|to the type of conduct, the conduct is performed alone or between | | | arsid4667565 HB2002 HFLR Page 4 ___________________________________________________________________________
1|members of the same or opposite sex or between humans and animals in | | | 2|an act of apparent sexual stimulation or gratification. | | | 3| SECTION 2. This act shall become effective November 1, 2023. | | | 4| | | | 5|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated | |03/01/2023 - DO PASS, As Amended and Coauthored. | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid4667565 HB2002 HFLR Page 5