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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2 023)
HOUSE BILL 1440 By: Hasenbeck
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1040.13b, which re lates to the
Oklahoma Law on Obscen ity and Child Pornography;
providing statute of limitations for the
nonconsensual dissemination of private sexual images ;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.13b, is
amended to read as follows:
Section 1040.13b A. As used in this section:
1. "Image" includes a photograph, film, videotape, digital
recording or other depiction or portr ayal of an object, including a
human body;
2. "Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area or female
adult nipple; and
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3. "Sexual act" means sexual intercourse including genital,
anal or oral sex.
B. A person commits nonconsensual dissemination of private
sexual images when he or she:
1. Intentionally disseminates an image of another person:
a. who is at least eighteen (18) years of age,
b. who is identifiable from the image itself or
information displayed in connection with the i mage,
and
c. who is engaged in a sexual act or whose intimate parts
are exposed, in whole or in part;
2. Disseminates the image with the intent to harass, intimidate
or coerce the person, or under circumstances in which a reasonable
person would know or u nderstand that dissemination of the image
would harass, intimidate or coerce the person;
3. Obtains the image under circumstances in which a reasonable
person would know or understand that the image was to remain
private; and
4. Knows or a reasonable per son should have known that the
person in the image has not consented to the dissemination.
C. The provisions of this section shall not apply to the
intentional dissemination of an image of another identifiable per son
who is engaged in a sexual act or whos e intimate parts are exposed
when:
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1. The dissemination is made for the purpose of a criminal
investigation that is otherwise lawful;
2. The dissemination is for the purpose of, or in connection
with, the reporting of unlawful conduct;
3. The images involve voluntary exposure in public or
commercial settings; or
4. The dissemination serves a lawful purpose.
D. Nothing in this section shall be construed to impose
liability upon the following entities solely as a result of content
or information provided by another person:
1. An interactive computer service, as defined in 47 U.S.C.,
Section 230(f)(2);
2. A wireless service provider, as defined in Section 332(d) of
the Telecommunications Act of 1996, 47 U.S.C., S ection 151 et seq.,
Federal Communications Commission rules, and the Omnibus Budget
Reconciliation Act of 1993, Pub. L. No. 103 -66; or
3. A telecommunications network or broadband provider.
E. A person convicted under this section is subject to the
forfeiture provisions in Section 1040.54 of thi s title.
F. Any person who violates the provisions of subsection B of
this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than one
(1) year, or by a fine of not more than One Thousand Do llars
($1,000.00), or both such fine and imprisonment .
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G. Any person who violates the provisions of this section and
who gains or attempts to gain financially or who gains or attempts
to gain anything of value as a result of the nonconsensual
dissemination of private sexual images shall , upon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for not more than four (4) years. A
second or subsequent violatio n of this subsection shall be a felony
punishable by imprisonment in the custody of the Department of
Corrections for not more than ten (10) years and the offender shall
be required to register as a sex offender under the Sex Offenders
Registration Act.
H. The state shall not have the discretion to file a
misdemeanor charge, pursuant to Section 234 of Title 22 of th e
Oklahoma Statutes, for a violation pursuant to subsection G of this
section.
I. The court shall have the authority to order the defendant to
remove the disseminated image should the court find it is in the
power of the defendant to do so.
J. There is no limitation of the time within which a
prosecution for a violation of subsection B of this section must be
commenced. Such prosecution may be commenced at any time after the
discovery of the crime. For purposes of this subsection,
"discovery" means the date the crime is reported to a law
enforcement agency.
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SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
03/01/2023 - DO PASS.