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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1056 By: Standridge
AS INTRODUCED
An Act relating to obscene material; amending 21 O.S.
2021, Section 1024.1, which relates to definitions;
updating statutory referen ce; requiring certain
applications; defining certain term; requiring
certain exception; and providing an effe ctive date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Sectio n 1024.1, is
amended to read as follows:
Section 1024.1. A. As used in Sections 1021, 1021.1 through
1021.4, Sections 1022 through 1024 1023, and Sections 1040.8 through
1040.24 of this title, “child pornography” means and includes any
visual depiction or individual image stored or contain ed in any
format on any medium including, but not limited to, film, motion
picture, videotape, photograph, negative, undeveloped film, slide,
photographic product, reprod uction of a photographic product, play
or performance wherein a minor under the age of eighteen (18) years
is engaged in any act with a person, other than his or her spouse,
of sexual intercourse which is normal or perver ted, in any act of
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anal sodomy, in any act of sexual activity with an animal, in any
act of sadomasochistic abuse includi ng, but not limited to,
flagellation or torture, or the condition of being fettered, bound
or otherwise physically restrained in the co ntext of sexual conduct,
in any act of fellatio or cunnilingus, in any act of excreti on in
the context of sexual conduct, in any lewd exhibition of the
uncovered genitals in the context of masturbation or other sexual
conduct, or where the lewd exhibition of the uncovered genitals,
buttocks or, if such minor is a female, the breast, has th e purpose
of sexual stimulation of t he viewer, or wherein a person under the
age of eighteen (18) years observes such acts or exhibitions. Eac h
visual depiction or indivi dual image shall constitute a separ ate
item and multiple copies of the same identical material shall each
be counted as a separate item.
B. As used in Sections 1021 through 1024.4 and Sections 1040.8
through 1040.24 of this tit le:
1. “Obscene material” means and includes any representatio n,
performance, depiction or description of sexual conduct, whether in
any form or on any medium including still photographs, undeveloped
photographs, motion picture s, undeveloped film, videota pe, optical,
magnetic or solid-state storage, CD or DVD, or a p urely photographic
product or a reproduction of su ch product in any book, pamphlet,
magazine, or other publication or electronic or photo -optical
format, if said items contain the following ele ments:
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a. depictions or descriptions of sexual conduct which ar e
patently offensive as found by the average perso n
applying contemporary community st andards; with
regards to minors the contemporary community standards
for minors shall be applied,
b. taken as a whole, have as the dominant theme an appeal
to prurient interest in sex as found by the average
person applying contemporary community standards ; with
regards to minors the contemporary community standards
for minors shall be applied, and
c. a reasonable person would find the materia l or
performance taken as a wh ole lacks serious literary,
artistic, educational, political, or scientific
purposes or value.
The standard for obscenity applied in this se ction shall not apply
to child pornography;
2. “Contemporary community standards for minors” means obscene
material with regards to a minor if one of the following c onditions
is met:
a. if one or more news outlets in the broadcast area
which includes the area where minors are potentially
being given the material in question refuses to re ad,
show, or otherwise communicate the material in
question to their audience because they feel the
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material is inappropriate , vulgar, or in some other
way too sexually explicit to communicate to their
audience,
b. if one or more secular print news outlet s who
distributes their materials in the area which includes
the area where minors are potentially being given the
material in question refuses to print or communicate
the material in question because they feel the
material is inappropriate , vulgar, or in some way too
sexually explicit to communicate to their readers , or
c. if two percent (2%) or more of parents with minor
children in the area where mino rs are potentially
being given the material in question respond in a poll
or other inquiry whether they would want to be
informed and provide consent if the materia l in
question were given to their child and at least ten
percent (10%) of the parents asked respond that they
would want to be informed and provide consent for
their child to receive the material in question.
The standard for obsc enity applied in subparagraph c of this
paragraph shall not apply when an a dult knowingly provides material
that qualifies as obscene, as defined in this section, to a minor;
3. “Performance” means and includes any displ ay, live or
recorded, in any form or medium;
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3. 4. “Sexual conduct” means and includes any of the following:
a. acts of sexual intercourse including any intercourse
which is normal or perverted, actual or simulated,
b. acts of deviate sexual conduct, incl uding oral and
anal sodomy,
c. acts of masturbation,
d. acts of sadomasochistic abuse including but not
limited to:
(1) flagellation or torture by or upon any person who
is nude or clad in undergarments or in a costume
which is of a revealing nature, or
(2) the condition of being fettered, bound, or
otherwise physically restrained on the p art of
one who is nude or so clothed,
e. acts of excretion in a sexual context, or
f. acts of exhibiting human genitals or pubic areas; and
4. 5. “Explicit child pornogra phy” means material which a law
enforcement officer can immediately identify upon fir st viewing
without hesitation as child pornography.
The types of sexual conduct descr ibed in paragraph 3 of this
subsection are intende d to include situations when, if app ropriate
to the type of conduct, th e conduct is performed alone or between
members of the same or opposite sex or between humans and animals in
an act of apparent sexual stimulation or gratification.
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SECTION 2. This act shall become effective November 1, 2023.
59-1-247 JES 1/19/2023 1:09:27 PM