1| SENATE FLOOR VERSION |
| February 28, 2023 |
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3|COMMITTEE SUBSTITUTE |
|FOR |
4|SENATE BILL NO. 1056 By: Standridge, Bullard, |
| Newhouse, Dahm, Bergstrom, |
5| Rogers, and Burns |
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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 references; modifying definitions; |
| and providing an effective date. |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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12| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, is |
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13|amended to read as follows: |
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14| Section 1024.1. A. As used in Sections 1021, 1021.1 through |
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15|1021.4, Sections 1022 through 1024 1024.4, and Sections 1040.8 |
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16|through 1040.24 of this title, "child pornography" means and |
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17|includes any visual depiction or individual image stored or |
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18|contained in any format on any medium including, but not limited to, |
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19|film, motion picture, videotape, photograph, negative, undeveloped |
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20|film, slide, photographic product, reproduction of a photographic |
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21|product, play or performance wherein a minor under the age of |
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22|eighteen (18) years is engaged in any act with a person, other than |
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23|his or her spouse, of sexual intercourse which is normal or |
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24|perverted, in any act of anal sodomy, in any act of sexual activity |
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1|with an animal, in any act of sadomasochistic abuse including, but |
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2|not limited to, flagellation or torture, or the condition of being |
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3|fettered, bound or otherwise physically restrained in the context of |
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4|sexual conduct, in any act of fellatio or cunnilingus, in any act of |
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5|excretion in the context of sexual conduct, in any lewd exhibition |
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6|of the uncovered genitals in the context of masturbation or other |
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7|sexual conduct, or where the lewd exhibition of the uncovered |
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8|genitals, buttocks or, if such minor is a female, the breast, has |
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9|the purpose of sexual stimulation of the viewer, or wherein a person |
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10|under the age of eighteen (18) years observes such acts or |
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11|exhibitions. Each visual depiction or individual image shall |
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12|constitute a separate item and multiple copies of the same identical |
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13|material shall each be counted as a separate item. |
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14| B. As used in Sections 1021 through 1024.4 and Sections 1040.8 |
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15|through 1040.24 of this title: |
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16| 1. "Obscene material" means and includes any representation, |
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17|performance, depiction or description of sexual conduct, whether in |
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18|any form or on any medium including still photographs, undeveloped |
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19|photographs, motion pictures, undeveloped film, videotape, optical, |
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20|magnetic or solid-state storage, CD or DVD, or a purely photographic |
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21|product or a reproduction of such product in any book, pamphlet, |
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22|magazine, or other publication or electronic or photo-optical |
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23|format, if said such 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; provided, however, such standard |
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15| shall not apply when an adult knowingly provides |
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16| material that qualifies as obscene to a minor without |
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17| written informed consent by the minor's parent or |
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18| guardian. |
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19|The standard for obscenity applied in this section shall not apply |
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20|to child pornography; |
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21| 2. "Contemporary community standards for minors" means obscene |
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22|material with regards to a minor if one of the following conditions |
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23|is met: |
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1| a. if two or more secular news outlets in the broadcast |
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2| area that includes the area where minors are |
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3| potentially being given such material refuse to read, |
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4| show, or otherwise communicate the material to their |
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5| audience because the outlet determines the material is |
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6| inappropriate, vulgar, or sexually explicit, or |
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7| b. if two or more secular print news outlets who |
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8| distribute materials in the area that includes the |
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9| area where minors are potentially being given such |
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10| material refuse to print or otherwise communicate the |
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11| material because the outlet determines the material is |
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12| inappropriate, vulgar, or sexually explicit; |
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13| 3. "Performance" means and includes any display, live or |
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14|recorded, in any form or medium; |
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15| 3. 4. "Sexual conduct" means and includes any of the following: |
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16| a. acts of sexual intercourse including any intercourse |
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17| which is normal or perverted, actual or simulated, |
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18| b. acts of deviate deviant sexual conduct, including oral |
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19| and anal sodomy, |
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20| c. acts of masturbation, |
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21| d. acts of sadomasochistic abuse including but not |
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22| limited to: |
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1| (1) flagellation or torture by or upon any person who |
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2| is nude or clad in undergarments or in a costume |
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3| which is of a revealing nature, or |
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4| (2) the condition of being fettered, bound, or |
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5| otherwise physically restrained on the part of |
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6| one who is nude or so clothed, |
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7| e. acts of excretion in a sexual context, or |
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8| f. acts of exhibiting human genitals or pubic areas; and |
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9| 4. 5. "Explicit child pornography" means material which a law |
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10|enforcement officer can immediately identify upon first viewing |
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11|without hesitation as child pornography. |
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12| The types of sexual conduct described in paragraph 3 4 of this |
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13|subsection are intended to include situations when, if appropriate |
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14|to the type of conduct, the conduct is performed alone or between |
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15|members of the same or opposite sex or between humans and animals in |
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16|an act of apparent sexual stimulation or gratification. |
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17| SECTION 2. This act shall become effective November 1, 2023. |
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18|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY |
|February 28, 2023 - DO PASS AS AMENDED BY CS |
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