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SENATE FLOOR VERSION
February 28, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1056 By: Standridge, Bullard,
Newhouse, Dahm, Bergstrom,
Rogers, and Burns
An Act relating to obscene material; amending 21 O.S.
2021, Section 1024.1, which relates to definitions;
updating statutory referen ces; modifying definitions;
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 1024.4, and Sections 1040.8
through 1040.24 of this title, “child pornography” means and
includes any visual depiction o r individual image stored or
contained 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 intercour se which is normal or
perverted, in any act of anal sodomy, in any act of sexual activity
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with an animal, in any act of sadomasochistic abuse including, but
not limited to, flagellation or torture, or the condition of being
fettered, bound or otherwise phy sically restrained in the co ntext of
sexual conduct, in any act of fellatio or cunnilingus, in any act of
excretion 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
the purpose of sexual stimulation of the viewer, or wherein a person
under the age of eighteen (18) years observes such acts or
exhibitions. Each visual depiction or indivi dual image shall
constitute a separate 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 such 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 standards; 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; provided, however, such standard
shall not apply when an adult knowingly provides
material that qualifies as obscene to a minor without
written informed consent by the minor’ s parent or
guardian.
The standard for obsceni ty applied in this section 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:
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a. if two or more secular news outlets in the broad cast
area that includes the area where minors are
potentially being given such material refuse to read,
show, or otherwise communicate the material to their
audience because the outlet determines the material is
inappropriate, vulgar, or sexually explicit, or
b. if two or more secular print news outlet s who
distribute materials in the area that includes the
area where minors are potentially being given such
material refuse to print or otherwise communicate the
material because the outlet determines the material is
inappropriate, vulgar, or sexually explicit;
3. “Performance” means and includes any displ ay, live or
recorded, in any form or medium;
3. 4. “Sexual conduct” means and includes any of the following:
a. acts of sexual intercourse including any int ercourse
which is normal or perverted, actual or simulated,
b. acts of deviate deviant sexual conduct, incl uding oral
and anal sodomy,
c. acts of masturbation,
d. acts of sadomasochistic abuse including but not
limited to:
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(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 described in paragraph 3 4 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.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 28, 2023 - DO PASS AS AMENDED BY CS