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ENGROSSED HOUSE
BILL NO. 2535 By: Williams and Humphrey of
the House
and
Stephens of the Senate
An Act relating to materials harmful to minors ;
amending 21 O.S. 2021, Section 1040.77, which relates
to penalties for violations ; modifying penalties; and
providing an effective da te.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.77, is
amended to read as follows:
Section 1040.77 Any person convicted of violating any provision
of Section 1040.76 of this title shall be guilty of a misdemeanor
and shall be punished by imprisonment in the county jail for a ter m
not exceeding one (1) year, or fined a sum not exceeding Five
Hundred Dollars ($500.00) for the first or second offense One
Thousand Dollars ($1,000.00), or by both such fine and imp risonment.
Any person convicted of a third second or subsequent violation of
any provision of Section 1040.76 of this t itle shall be guilty of a
misdemeanor felony and shall be punished by imprisonment in the
custody of the Department of Corrections for a term not exceeding
five (5) years, or fined a sum not exceeding One Thousand Dollars
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($1,000.00) Five Thousand Dollars ($5,000.00), or by both such fine
and imprisonment. Each day that any violation of Section 104 0.76 of
this title occurs or continues shall constitute a sep arate offense
and shall be punishable as a separate violation. Every act or
transaction prohibited by Section 1040.76 of this title shall
constitute a separate offense as to each item, issue or title
involved and shall be punishable as such. For the purp ose of this
section, multiple copies of the same identical title, monthly issue,
volume and number issue or other such identical material as
prohibited by Section 1040.76 of this title shall cons titute a
single offense.
SECTION 2. This act shall become effective November 1, 2023.
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