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ENGROSSED HOUSE
BILL NO. 1440 By: Hasenbeck of the House
and
Daniels of the Senate
[ crimes and punishments - Oklahoma Law on Obscen ity
and Child Pornography - statute of limitations -
nonconsensual dissemination - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.13b, is
amended to read as fo llows:
Section 1040.13b A. As used in this section:
1. "Image" includes a photograph, film, videota pe, digital
recording or other depiction or por trayal 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
3. "Sexual act" means sexual intercourse including genital,
anal or oral sex.
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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 p arts
are exposed, in whole or in part;
2. Disseminates the image with the intent to harass, extort,
intimidate or coerce the person, or under circum stances in which a
reasonable person would know or u nderstand that dissemination of the
image would harass, extort, intimidate or coerce the person;
3. Obtains the image under circumstances in which a reasona ble
person would know or understand that the im age was to remain
private; and
4. Knows or a reasonable per son should have known that the
person in the image has not cons ented to the dissemination.
C. The provisions of this section shall not apply to the
intentional dissemination of an image of anothe r identifiable person
who is engaged in a sexual act or whos e intimate parts are exposed
when:
1. The dissemination is mad e for the purpose of a criminal
investigation that is otherwise lawful;
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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 cons trued to impose
liability upon the following en tities solely as a result of content
or information provided by another person:
1. An interactive computer service, as def ined in 47 U.S.C.,
Section 230(f)(2);
2. A wireless service provider, as defined in S ection 332(d) of
the Telecommunications Act of 1996, 47 U.S.C., Section 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 su bject 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 .
G. Any person who violates the provisions of this section and
who gains or attempts to gain f inancially or who gains or attempts
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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 f or not more than four (4) years. A
second or subsequent violation 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 regist er 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 the
Oklahoma Statutes, for a violation pursuant to subsection G of this
section.
I. The court shall have the authority to orde r the defendant to
remove the disseminated image should the court find it is in the
power of the defendant to do so.
J. A prosecution for a violation of subsection B of this
section shall be commenced within five (5) years after the discovery
of the crime. For purposes of this subsection, "discovery" means
the date the crime is reported to a law enforcement agency.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 23rd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate