A. Any parent, guardian or individual having custody of a minor under the age of eighteen (18) years who knowingly permits or consents to the participation of a minor in any child sexual abuse material shall be guilty of a Class B1 felony offense and, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for a period of not more than twenty (20) years or a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both such 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 to the activity prohibited by this section shall not constitute a defense.

Historical Data

Laws 1978, HB 1520, c. 24, § 2, emerg. eff. March 13, 1978; Amended by Laws 1986, HB 1972, c. 87, § 3, emerg. eff. July 1, 1986; Amended by Laws 1996, HB 2506, c. 37, § 3, eff. November 1, 1996; Amended by Laws 1997, HB 1213, c. 133, § 278 (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 June 19, 1998) (superseded document available); Amended by Laws 1999, 1st Extr.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, § 181, emerg. eff. July 1, 1999 (superseded document available); Amended by Laws 2000, HB 2104, c. 208, § 4, eff. November 1, 2000 (superseded document available); Amended by Laws 2007, HB 1760, c. 261, § 13, eff. November 1, 2007 (superseded document available); Amended by Laws 2024, HB 3936, c. 59, § 10, eff. November 1, 2024 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 50, eff. January 1, 2026 (superseded document available).