Multiple Amendments Enacted During the 2024 Legislative Session

Version 1 (Amended by Laws 2024, HB 3936, c. 59, § 9, eff. November 1, 2024)

A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child sexual abuse material or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child sexual abuse material shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.

Version 2 (Amended by Laws 2024, HB 3642, c. 103, § 1, eff. November 1, 2024)

A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or obscene material or who knowingly possesses, views, accesses, shares, streams, downloads, procures, sells, distributes, or manufactures, or causes to be possessed, viewed, accessed, shared, streamed, downloaded, procured, sold, distributed, or manufactured any child pornography shall, upon conviction, be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years and by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00). Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.

Historical Data

Laws 1978, HB 1520, c. 24, § 1, emerg. eff. March 13, 1978; Amended by Laws 1984, HB 1779, c. 91, § 2, eff. November 1, 1984; Amended by Laws 1986, HB 1972, c. 87, § 2, emerg. eff. July 1, 1986; Amended by Laws 1996, HB 2506, c. 37, § 2, eff. November 1, 1996; Amended by Laws 1997, HB 1213, c. 133, § 277 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, § 180, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2000, HB 2104, c. 208, § 3, eff. November 1, 2000 (superseded document available); Amended by Laws 2007, HB 1760, c. 261, § 12, eff. November 1, 2007 (superseded document available); Amended by Laws 2024, HB 3936, c. 59, § 9, eff. November 1, 2024; Amended by Laws 2024, HB 3642, c. 103, § 1, eff. November 1, 2024 (superseded document available).