Oklahoma 2023 Regular Session

Oklahoma House Bill HB2535 Compare Versions

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3		-	ENGR. H. B. NO. 2535 Page 1 1
	3	+	HB2535 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 2535 By: Williams and Humphrey of
30		-	the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32		-	~~and~~
	31	+	STATE OF OKLAHOMA
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34		-	Stephens of the Senate
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2535 By: Williams and Humphrey
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40		-	An Act relating to materials harmful to minors ;
41		-	amending 21 O.S. 2021, Section 1040.77, which relates
42		-	to penalties for violations ; modifying penalties; and
43		-	providing an effective da te.
	43	+	COMMITTEE SUBSTITUTE
	44	+
	45	+	An Act relating to obscene material; amendin g 21 O.S.
	46	+	2021, Section 1024.1, which relates to definitions;
	47	+	providing statutory reference to certain definition;
	48	+	and providing an effective da te.
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48	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49		-	SECTION 1. AMENDATORY 21 O.S. 2021, Section ~~1040~~.77, is
	54	+	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, is
50	55		amended to read as follows:
51		-	Section 1040.77 Any person convicted of violating any provision
52		-	of Section 1040.76 of this title shall be guilty of a misdemeanor
53		-	and shall be punished by imprisonment in the county jail for a ter m
54		-	not exceeding one (1) year, or fined a sum not exceeding Five
55		-	Hundred Dollars ($500.00) for the first or second offense One
56		-	Thousand Dollars ($1,000.00), or by both such fine and imp risonment.
57		-	Any person convicted of a third second or subsequent violation of
58		-	any provision of Section 1040.76 of this t itle shall be guilty of a
59		-	misdemeanor felony and shall be punished by imprisonment in the
60		-	custody of the Department of Corrections for a term not exceeding
61		-	five (5) years, or fined a sum not exceeding One Thousand Dollars
	56	+	Section 1024.1 A. As used in Sections 1021, 1021.1 through
	57	+	1021.4, Sections 1022 through 1024 and 1023, and Sections 1040.8
	58	+	through 1040.24 of this title, "child pornography" means and
	59	+	includes any visual depiction or individual image stored or
	60	+	contained in any format on any medium including, but not limited to,
	61	+	film, motion picture, videotape, photograph, negative, undeveloped
	62	+	film, slide, photographic product, reprodu ction of a photograph ic
	63	+	product, play or performance wherein a minor under the age of
	64	+	eighteen (18) years is engaged in any act with a person, other than
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63		-	ENGR. H. B. NO. 2535 Page 2 1
	66	+	HB2535 HFLR Page 2
	67	+	BOLD FACE denotes Committee Amendments. 1
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88		-	($1,000.00) Five Thousand Dollars ($5,000.00), or by both such fine
89		-	and imprisonment. Each day that any violation of Section 104 0.76 of
90		-	this title occurs or continues shall constitute a sep arate offense
91		-	and shall be punishable as a separate violation. Every act or
92		-	transaction prohibited by Section 1040.76 of this title shall
93		-	constitute a separate offense as to each item, issue or title
94		-	involved and shall be punishable as such. For the purp ose of this
95		-	section, multiple copies of the same identical title, monthly issue,
96		-	volume and number issue or other such identical material as
97		-	prohibited by Section 1040.76 of this title shall cons titute a
98		-	single offense.
	92	+	his or her spouse, of sexual intercourse which is normal or
	93	+	perverted, in any act of anal sodomy, in any act of sexual acti vity
	94	+	with an animal, in any act of sadomasochistic abuse including, but
	95	+	not limited to, flagellation or torture, or the condition of being
	96	+	fettered, bound or otherwise physically restrained in the context of
	97	+	sexual conduct, in any act of fellatio or cunnil ingus, in any act of
	98	+	excretion in the context of sexual conduct, in any lewd exhibition
	99	+	of the uncovered genitals in the context of masturbat ion or other
	100	+	sexual conduct, or where the lewd exhibition of the uncovered
	101	+	genitals, buttocks or, if such minor is a female, the breast, has
	102	+	the purpose of sexual stimulation of the viewer, or wherein a person
	103	+	under the age of eighteen (18) years observes such acts or
	104	+	exhibitions. Each visual depiction or individual image shall
	105	+	constitute a separate item and multiple copies of the same identical
	106	+	material shall each be counted as a separate item.
	107	+	B. As used in Sections 1021 through 1024.4 and Sections 1040 .8
	108	+	through 1040.24 of this title:
	109	+	1. "Obscene material" means and includes any representation,
	110	+	performance, depiction or description of sexual conduct, whether in
	111	+	any form or on any medium including still photographs, undeveloped
	112	+	photographs, motion pictu res, undeveloped film, videotape, optical,
	113	+	magnetic or solid-state storage, CD or DVD, or a purely photographic
	114	+	product or a reproduction of such product in any book, pamphlet,
	115	+
	116	+	HB2535 HFLR Page 3
	117	+	BOLD FACE denotes Committee Amendments. 1
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	142	+	magazine, or other publication or electronic or photo -optical
	143	+	format, if said items contain the following elements:
	144	+	a. depictions or descriptions of sexual conduct which are
	145	+	patently offensive a s found by the average person
	146	+	applying contemporary community standards,
	147	+	b. taken as a whole, have as the dominant theme an appeal
	148	+	to prurient interest in sex as found by the average
	149	+	person applying contemporary community standards , and
	150	+	c. a reasonable person would find the material or
	151	+	performance taken as a whole lacks serious literary,
	152	+	artistic, educational, political, or scientific
	153	+	purposes or value.
	154	+	The standard for obscenity applied in this section shall not apply
	155	+	to child pornography;
	156	+	2. "Performance" means and includes any display, live or
	157	+	recorded, in any form or medium;
	158	+	3. "Sexual conduct" means and includes any of the following:
	159	+	a. acts of sexual intercourse including any intercourse
	160	+	which is normal or perverted, actual or simulated,
	161	+	b. acts of deviate sexual conduct, including oral and
	162	+	anal sodomy,
	163	+	c. acts of masturbation,
	164	+	d. acts of sadomasochistic abuse including but not
	165	+	limited to:
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	167	+	HB2535 HFLR Page 4
	168	+	BOLD FACE denotes Committee Amendments. 1
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	193	+	(1) flagellation or torture by or upon any person who
	194	+	is nude or clad in undergarments or in a costume
	195	+	which is of a revealing nature, or
	196	+	(2) the condition of being fettered, bound, or
	197	+	otherwise physically restrained on the part of
	198	+	one who is nude or so clo thed,
	199	+	e. acts of excretion in a sexual context, or
	200	+	f. acts of exhibiting human genitals or pubic areas; and
	201	+	4. "Explicit child pornography" means material which a law
	202	+	enforcement officer can immediately identify upon first viewing
	203	+	without hesitation as ch ild pornography; and
	204	+	5. "Harmful to minors" shall have the same definition as
	205	+	provided for in paragraph 2 of Se ction 1040.75 of this title.
	206	+	The types of sexual conduct described in paragraph 3 of this
	207	+	subsection are intended to include situations when, if appropriate
	208	+	to the type of conduct, the con duct is performed alone or between
	209	+	members of the same or opposite s ex or between humans and animals in
	210	+	an act of apparent sexual stimulation or gratification.
99	211		SECTION 2. This act shall become effective November 1, 2023.
100		-	Passed the House of Representatives the 23rd day of March, 2023.
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105		-	Presiding Officer of the House
106		-	of Representatives
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110		-	Passed the Senate the ___ day of __________, 2023.
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115		-	Presiding Officer of the Senate
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	213	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
	214	+	03/01/2023 - DO PASS, As Amended and Coauthored.