1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2002 By: Conley |
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6| AS INTRODUCED |
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7| An Act relating to crimes and punishments; amending |
| 21 O.S. 2021, Section 1024.1, which relates to |
8| obscenity definitions; updating statutory citation; |
| modifying definition of obscene material; adding |
9| definition; and providing an effective date. |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, is |
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14|amended to read as follows: |
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15| Section 1024.1 A. As used in Sections 1021, 1021.1 through |
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16|1021.4, Sections 1022 through 1024 and 1023, and Sections 1040.8 |
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17|through 1040.24 of this title, "child pornography" means and |
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18|includes any visual depiction or individual image stored or |
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19|contained in any format on any medium including, but not limited to, |
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20|film, motion picture, videotape, photograph, negative, undeveloped |
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21|film, slide, photographic product, reproduction of a photographic |
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22|product, play or performance wherein a minor under the age of |
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23|eighteen (18) years is engaged in any act with a person, other than |
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24|his or her spouse, of sexual intercourse which is normal or |
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Req. No. 6976 Page 1
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1|perverted, in any act of anal sodomy, in any act of sexual activity |
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2|with an animal, in any act of sadomasochistic abuse including, but |
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3|not limited to, flagellation or torture, or the condition of being |
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4|fettered, bound or otherwise physically restrained in the context of |
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5|sexual conduct, in any act of fellatio or cunnilingus, in any act of |
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6|excretion in the context of sexual conduct, in any lewd exhibition |
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7|of the uncovered genitals in the context of masturbation or other |
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8|sexual conduct, or where the lewd exhibition of the uncovered |
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9|genitals, buttocks or, if such minor is a female, the breast, has |
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10|the purpose of sexual stimulation of the viewer, or wherein a person |
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11|under the age of eighteen (18) years observes such acts or |
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12|exhibitions. Each visual depiction or individual image shall |
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13|constitute a separate item and multiple copies of the same identical |
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14|material shall each be counted as a separate item. |
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15| B. As used in Sections 1021 through 1024.4 and Sections 1040.8 |
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16|through 1040.24 of this title: |
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17| 1. "Obscene material" means and includes any representation, |
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18|performance, depiction or description of sexual conduct, whether in |
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19|any form or on any medium including any book, article, magazine, |
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20|publication, or written matter of any kind, or any drawing, etching, |
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21|painting, still photographs, undeveloped photographs, motion |
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22|pictures, undeveloped film, videotape, optical, magnetic or |
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23|solid-state storage, CD or DVD, or a purely photographic product or |
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24|a reproduction of such product in any book, pamphlet, magazine, or |
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Req. No. 6976 Page 2
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1|other publication or electronic or photo-optical format, if said |
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2|items contain the following elements: |
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3| a. depictions or descriptions of sexual conduct which |
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4| are patently offensive as found by the average a |
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5| reasonable person applying contemporary community |
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6| standards, |
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7| b. taken as a whole, have as the dominant theme an |
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8| appeal to prurient interest in sex as found by the |
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9| average a reasonable person applying contemporary |
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10| community standards, and |
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11| c. a reasonable person would find the material or |
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12| performance taken as a whole lacks serious literary, |
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13| artistic, educational, political, or scientific |
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14| purposes or value. |
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15|The standard for obscenity applied in this section shall not apply |
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16|to child pornography; |
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17| 2. "Performance" means and includes any display, live or |
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18|recorded, in any form or medium; |
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19| 3. "Sexual conduct" means and includes any of the following: |
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20| a. acts of sexual intercourse including any intercourse |
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21| which is normal or perverted, actual or simulated, |
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22| b. acts of deviate sexual conduct, including oral and |
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23| anal sodomy, |
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24| c. acts of masturbation, |
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1| d. acts of sadomasochistic abuse including but not |
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2| limited to: |
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3| (1) flagellation or torture by or upon any person who |
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4| is nude or clad in undergarments or in a costume |
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5| which is of a revealing nature, or |
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6| (2) the condition of being fettered, bound, or |
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7| otherwise physically restrained on the part of |
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8| one who is nude or so clothed, |
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9| e. acts of excretion in a sexual context, or |
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10| f. acts of exhibiting human genitals or pubic areas; and |
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11| 4. "Explicit child pornography" means material which a law |
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12|enforcement officer can immediately identify upon first viewing |
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13|without hesitation as child pornography; and |
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14| 5. "Obscene material harmful to minors" means and includes any |
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15|representation, performance, pictures, or literature, including any |
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16|book, article, magazine, publication, or written matter of any kind, |
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17|or any drawing, etching, painting, still photographs, undeveloped |
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18|photographs, motion pictures, undeveloped film, videotape, optical, |
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19|magnetic or solid-state storage, CD or DVD, or a purely photographic |
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20|product or a reproduction of such product in any book, pamphlet, |
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21|magazine, or other publication or electronic or photo-optical format |
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22|that depicts or describes or includes nudity, sexual conduct, sexual |
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23|excitement, or sadomasochistic abuse that: |
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1| a. predominantly appeals to the prurient, shameful, or |
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2| morbid interest of minors, |
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3| b. is patently offensive to the prevailing standards in |
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4| the adult community with respect to what is suitable |
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5| material for minors, and |
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6| c. is utterly without redeeming social importance for |
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7| minors. |
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8| The types of sexual conduct described in paragraph 3 of this |
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9|subsection are intended to include situations when, if appropriate |
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10|to the type of conduct, the conduct is performed alone or between |
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11|members of the same or opposite sex or between humans and animals in |
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12|an act of apparent sexual stimulation or gratification. |
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13| SECTION 2. This act shall become effective November 1, 2023. |
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15| 59-1-6976 GRS 01/18/23 |
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Req. No. 6976 Page 5
