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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1056 By: Standridge, Bullard,
Newhouse, Dahm, Bergstrom,
Rogers, Burns, Hamilton,
and Jett of the Senate
and
West (Kevin) of the House
COMMITTEE SUBSTITUTE
An Act relating to obscene material; defining terms;
making certain acts unlawful; providing exemption
from liability under certain circumstances; providing
penalties; providing preemption provision s; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of l aw to be codified
in the Oklahoma Statu tes as Section 1024.6 of Title 21, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Adult performance" means any performance that contains
obscene material, if done in view of a minor or in a public place;
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2. "Obscene material" shall have the same mea ning as such term
is defined in subsection B of Sectio n 1024.1 of Title 21 of the
Oklahoma Statutes;
3. "Minor" means an unmarried person under eighteen (18) years
of age; and
4. "Public place" means any area or space that the general
public may freely access without payment for admission; provided,
however, any place that limits access pursuant to an admission s
process or that restricts minors from entering the area or space to
participate or take part i n any event shall be exempt from the
provisions of this section.
B. 1. It shall be unlawful for a person to engage in an adult
performance which contains obscene material , or for any political
subdivision of this state to allow, permit, organize, or authorize
the viewing of an adult performance which contains obscene material,
on public property or in a public place where the adult performance
could be viewed by a minor.
2. A political subdivision acting in good faith i n accordance
with the requirements of this subsection shall not be liable for the
acts of an individual or group in violation of this subsection.
C. Any person who violates the provisions of subsection B of
this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in a county jail for a term not exceeding
one (1) year, or by a fine of not less than Five Hundred Dollars
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($500.00) and not exceeding One Thousand Dollars ($1,000.00), or by
both such fine and imprisonment. Any person convicted of a second
violation, shall be guilty of a felony punishable by imp risonment in
the custody of the Depar tment of Corrections for a term of not less
than thirty (30) days and not exceeding two (2) years, or by a fine
of not less than Five Hundred Dollars ($500.00) and not exceeding
Twenty Thousand Dollars ($20,000.00), or by both such fine and
imprisonment.
D. The provisions of this section shall preempt any ordinance,
regulation, or restriction that was lawfully adopted or license that
was issued by a political s ubdivision of this state prior to the
effective date of this act that is in conflict with the provisions
of this section.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-8214 GRS 04/12/23