1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 1056 By: Standridge |
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6| AS INTRODUCED |
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7| An Act relating to obscene material; amending 21 O.S. |
| 2021, Section 1024.1, which relates to definitions; |
8| updating statutory reference; requiring certain |
| applications; defining certain term; requiring |
9| certain exception; 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 1023, and Sections 1040.8 through |
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17|1040.24 of this title, "child pornography" means and includes any |
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18|visual depiction or individual image stored or contained in any |
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19|format on any medium including, but not limited to, film, motion |
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20|picture, videotape, photograph, negative, undeveloped film, slide, |
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21|photographic product, reproduction of a photographic product, play |
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22|or performance wherein a minor under the age of eighteen (18) years |
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23|is engaged in any act with a person, other than his or her spouse, |
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24|of sexual intercourse which is normal or perverted, in any act of |
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Req. No. 247 Page 1
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1|anal sodomy, in any act of sexual activity with an animal, in any |
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2|act of sadomasochistic abuse including, but not limited to, |
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3|flagellation or torture, or the condition of being fettered, bound |
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4|or otherwise physically restrained in the context of sexual conduct, |
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5|in any act of fellatio or cunnilingus, in any act of excretion in |
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6|the context of sexual conduct, in any lewd exhibition of the |
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7|uncovered genitals in the context of masturbation or other sexual |
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8|conduct, or where the lewd exhibition of the uncovered genitals, |
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9|buttocks or, if such minor is a female, the breast, has the purpose |
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10|of sexual stimulation of the viewer, or wherein a person under the |
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11|age of eighteen (18) years observes such acts or exhibitions. Each |
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12|visual depiction or individual image shall constitute a separate |
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13|item and multiple copies of the same identical material shall each |
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14|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 still photographs, undeveloped |
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20|photographs, motion pictures, undeveloped film, videotape, optical, |
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21|magnetic or solid-state storage, CD or DVD, or a purely photographic |
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22|product or a reproduction of such product in any book, pamphlet, |
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23|magazine, or other publication or electronic or photo-optical |
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24|format, if said items contain the following elements: |
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1| a. depictions or descriptions of sexual conduct which |
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2| are patently offensive as found by the average person |
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3| applying contemporary community standards; with |
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4| regards to minors the contemporary community standards |
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5| for minors shall be applied, |
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6| b. taken as a whole, have as the dominant theme an |
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7| appeal to prurient interest in sex as found by the |
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8| average person applying contemporary community |
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9| standards; with regards to minors the contemporary |
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10| community standards for minors shall be applied, 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. "Contemporary community standards for minors" means obscene |
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18|material with regards to a minor if one of the following conditions |
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19|is met: |
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20| a. if one or more news outlets in the broadcast area |
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21| which includes the area where minors are potentially |
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22| being given the material in question refuses to read, |
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23| show, or otherwise communicate the material in |
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24| question to their audience because they feel the |
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1| material is inappropriate, vulgar, or in some other |
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2| way too sexually explicit to communicate to their |
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3| audience, |
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4| b. if one or more secular print news outlets who |
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5| distributes their materials in the area which includes |
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6| the area where minors are potentially being given the |
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7| material in question refuses to print or communicate |
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8| the material in question because they feel the |
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9| material is inappropriate, vulgar, or in some way too |
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10| sexually explicit to communicate to their readers, or |
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11| c. if two percent (2%) or more of parents with minor |
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12| children in the area where minors are potentially |
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13| being given the material in question respond in a poll |
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14| or other inquiry whether they would want to be |
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15| informed and provide consent if the material in |
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16| question were given to their child and at least ten |
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17| percent (10%) of the parents asked respond that they |
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18| would want to be informed and provide consent for |
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19| their child to receive the material in question. |
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20|The standard for obscenity applied in subparagraph c of this |
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21|paragraph shall not apply when an adult knowingly provides material |
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22|that qualifies as obscene, as defined in this section, to a minor; |
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23| 3. "Performance" means and includes any display, live or |
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24|recorded, in any form or medium; |
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1| 3. 4. "Sexual conduct" means and includes any of the following: |
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2| a. acts of sexual intercourse including any intercourse |
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3| which is normal or perverted, actual or simulated, |
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4| b. acts of deviate sexual conduct, including oral and |
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5| anal sodomy, |
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6| c. acts of masturbation, |
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7| d. acts of sadomasochistic abuse including but not |
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8| limited to: |
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9| (1) flagellation or torture by or upon any person who |
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10| is nude or clad in undergarments or in a costume |
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11| which is of a revealing nature, or |
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12| (2) the condition of being fettered, bound, or |
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13| otherwise physically restrained on the part of |
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14| one who is nude or so clothed, |
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15| e. acts of excretion in a sexual context, or |
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16| f. acts of exhibiting human genitals or pubic areas; and |
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17| 4. 5. "Explicit child pornography" means material which a law |
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18|enforcement officer can immediately identify upon first viewing |
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19|without hesitation as child pornography. |
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20| The types of sexual conduct described in paragraph 3 of this |
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21|subsection are intended to include situations when, if appropriate |
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22|to the type of conduct, the conduct is performed alone or between |
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23|members of the same or opposite sex or between humans and animals in |
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24|an act of apparent sexual stimulation or gratification. |
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1| SECTION 2. This act shall become effective November 1, 2023. |
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3| 59-1-247 JES 1/19/2023 4:27:37 PM |
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