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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2736 By: Duel
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Sections 1040.75 and 1040.76, which
relate to the display of material s harmful to minors;
adding definition; making certain acts unlawful; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.75, is
amended to read as follows:
Section 1040.75 As used in Sections 1040.75 through 1040 .77 of
this title:
1. "Minor" means any unmarried person under the age of eighteen
(18) years;
2. "Harmful to minors" means:
a. that quality of any description, exhibition,
presentation or representation, in whatever form, of
nudity, sexual conduct, sexu al excitement, or
sadomasochistic abuse when the material or
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performance, taken as a whole, has the following
characteristics:
(1) the average person eighteen (18) years of age or
older applying contemporary community standards
would find that the material or performance has a
predominant tendency to appeal to a prurient
interest in sex to minors, and
(2) the average person eighteen (18) years of age or
older applying contemporary c ommunity standards
would find that the material or performance
depicts or describes nudity, sexual conduct,
sexual excitement or sadomasochistic abuse in a
manner that is patently offensive to prevailing
standards in the adult community with respect to
what is suitable for minors, and
(3) the material or performance lacks serious
literary, scientific, medical, artistic, or
political value for minors , or
b. any description, exhibition, presentation or
representation, in whatever form, of inappropriate
violence;
3. "Inappropriate violence " means any description or
representation, in an interactive video game or computer software,
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of violence which, taken as a whole, has the following
characteristics:
a. the average person eighteen (18) years of age or older
applying contemporary community standards would find
that the interactive vid eo game or computer software
is patently offensive to prevailing standards in the
adult community with respect to what is suitable for
minors, and
b. the interactive video game or computer software lacks
serious literary, scientific, medical, artistic, or
political value for minors based on, but not limited
to, the following criteria:
(1) is glamorized or gratuitous,
(2) is graphic violence used to shock or stimulate,
(3) is graphic violence that is not contextually
relevant to the material,
(4) is so pervasive that it serves as the thread
holding the plot of the material together,
(5) trivializes the serious nature of realistic
violence,
(6) does not demonstrate the consequences or effects
of realistic violence,
(7) uses brutal weapons designed to inflict t he
maximum amount of pain and damage,
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(8) endorses or glorifies torture or excessive
weaponry, or
(9) depicts lead characters who resort to violence
freely;
4. "Nudity" means the:
a. showing of the human male or female genitals, pubic
area, or buttocks with less than a full opaque
covering,
b. showing of the female breast with less than a full
opaque covering of any portion of the female breast
below the top of the nipple, or
c. depiction of covered male genitals in a discernibly
turgid state;
5. "Sexual conduct" means acts of masturbation, homosexuality,
sexual intercourse, or physical contact with a person 's clothed or
unclothed genitals, pubic area, buttocks, or, if such person be a
female, breast;
6. "Sexual excitement" means the condition of human m ale or
female genitals when in a state of sexual stimulation or arousal;
7. "Sadomasochistic abuse " means flagellation or torture by or
upon a person clothed or naked or the condit ion of being fettered,
bound or otherwise physically restrained on the part of one so
clothed or naked;
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8. "Material" means any book, magazine, newspaper, pamphlet,
poster, print, picture, figure, image, description, motion picture
film, record, recording tape, CD-ROM disk, Magnetic Disk Memory,
Magnetic Tape Memory, video tape, computer software or video game;
9. "CD-ROM" means a compact disk with read only memory which
has the capacity to store audio, video and written materials and may
be used by computer to play or display materials harmful to minors;
10. "Magnetic Disk Memory" means a memory system that stores
and retrieves binary data on record -like metal or plastic disks
coated with a magnetic material, including but not limited to floppy
diskettes;
11. "Magnetic Tape Memory " means a memory system that stores
and retrieves binary data on magnetic recording tape;
12. "Performance" means any motion picture, film, video tape,
played record, phonograph or tape, preview, trailer, play, show,
skit, dance, or other exhibition performed or presented to or before
an audience of one or more, with or without consideration;
13. "Drag performance" means a performance in which a performer
exhibits a gender identity that is different from the gender
assigned to the performer at birth using clothing, makeup, or other
physical markers and sings, lip syncs, dances, or otherwise performs
before an audience for entertainment ;
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14. "Knowingly" means having general knowledge of, or reason to
know, or a belief or ground for belief which warrants further
inspection or inquiry of both:
a. the character and content of any material or
performance which is reasonably susceptible of
examination by the defendant, and
b. the age of the minor. However, an honest mistake,
shall constitute an excuse from liability pursuant to
this act if the defendant mad e a reasonable bona fide
attempt to ascertain the true age of such minor;
14. 15. "Person" means any individual, partnership,
association, corporation, or other legal entity of any kind; and
15. 16. "A reasonable bona fide attempt " means an attempt to
ascertain the true age of the minor by requiring production of a
driver license, marriage license, birth certificate or other
governmental or educational identification card or paper and not
relying solely on the oral allegations or apparent a ge of the minor.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1040.76, is
amended to read as follows:
Section 1040.76. A. No person, including but not limited to
any persons having custody, control or supervision of any commercial
establishment, shall knowingly:
1. Display material which is harmful to minors in such a way
that minors, as a part of the invited general public, will be
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exposed to view such material. Provid ed, however, a person shall be
deemed not to have "displayed" material harmful to m inors if the
material is kept behind devices comm only known as "blinder racks" so
that the lower two-thirds (2/3) of the material is not exposed to
view;
2. Sell, furnish, present, distribute, allow to view, or
otherwise disseminate to a minor, with or wi thout consideration, any
material which is harmfu l to minors; or
3. Present to a minor or participate in presenting to a minor,
with or without consideration, any performan ce which is harmful to a
minor.
B. No person including, but not limited to, any person having
custody, control or supervision of a commercial establishment or
having custody, control or supervisions of any public property,
shall knowingly present to a minor or participate in presenting to a
minor, with or without consideration, any dra g performance.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5684 GRS 01/08/23