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ENGROSSED HOUSE AMENDME NT
TO
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
An Act relating to obscene material; amending 21 O.S.
2021, Section 1024.1, which relates to definitions;
updating statutory references; modifying definitions;
updating statutory language; and providing an
effective date.
AUTHOR: Add the following House Coauthor s: Gann and Crosswhite
Hader
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
An Act relating to obscene material; defining terms;
making certain acts unlawful; pr oviding exemption
from liability under certain circumstances; providing
penalties; providing p reemption provisions; providing
for codification; and declaring an eme rgency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law 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;
2. "Obscene material" shall have the same meaning as such term
is defined in subsectio n B of Section 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 enter ing 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 a minor, as part of
the general public, wi ll be exposed to view such adult performance.
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2. A political subdivision acting in good faith i n accordance
with the requirements of this subsection shall no t 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
($500.00) and not exceeding One Thousand Dollars ($1,000.00), 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 passag e and approval.
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Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2023.
Presiding Officer of the Senate
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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
An Act relating to obscene material; amending 21 O.S.
2021, Section 1024.1, which relates to definitions;
updating statutory referen ces; modifying definitions;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. AMENDATORY 21 O.S. 2021, Section 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 or 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, repro duction 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 context of
sexual conduct, in any ac t 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 individual 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 representati on,
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 purely photographic
product or a reproduction of such 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 wh ich are
patently offensive as found by the average person
applying contemporary community standards,
b. taken as a whole, have as the dominant theme an appeal
to prurient interest in sex, or in minors create a
prurient interest in sex, as found by the average
person applying contemporary community standards, and
c. a reasonable person would find the materia l or
performance taken as a whole 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 appl y
to child pornography;
2. “Performance” means and includes any display, live or
recorded, in any form or medium;
3. “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 simula ted,
b. acts of deviate deviant sexual conduct, including oral
and anal sodomy,
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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 o r 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. “Explicit child pornography” 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 of this
subsection are intended to include situations when, if appropriate
to the type of conduct, the 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 4. This act shall become effective November 1, 2023.
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Passed the Senate the 23rd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives