Req. No. 6976 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2002 By: Conley
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1024.1, which relates to
obscenity definitions; updating statutory citation;
modifying definition of obscene material; add ing
definition; and provi ding an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 thr ough
1021.4, Sections 1022 through 1024 and 1023, and Sections 1040.8
through 1040.24 of this title, "child pornography" means and
includes any visual depiction or individua l image stored or
contained in any format on any medium inc luding, but not limited to,
film, motion picture, videotape, photograph, negative, undeveloped
film, slide, photographic product, reprodu ction 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
Req. No. 6976 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
perverted, in any act of anal sodomy, in any act of sexual activity
with an animal, in any act of sado masochistic abuse includi ng, but
not limited to, flagellati on or torture, or the conditi on of being
fettered, bound or otherwise physically restrained in the context 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 contex t 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 t he viewer, or wherein a person
under the age of eighteen (18) y ears 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 title:
1. "Obscene material" means and includes any representation,
performance, depiction or description of sexual conduct, w hether in
any form or on any medium including any book, article, magazine,
publication, or written matter of any kind, or any drawing, etching,
painting, still photographs, undeveloped photographs, motion
pictures, undeveloped film, videotape, optical, magnetic or solid-
state storage, CD or DVD, or a purely photog raphic product or a
reproduction of such product in any book, pamphlet, ma gazine, or
Req. No. 6976 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
other publication or electronic or photo -optical format, if said
items contain the following elements:
a. depictions or descriptions of sexual conduct which are
patently offensive as found by the average a
reasonable person applying contemporary community
standards,
b. taken as a whole, have as the dominant theme an appeal
to prurient interest in sex as found by the average a
reasonable person applying contemporary communit y
standards, and
c. a reasonable person would find the material or
performance taken as a whole lack s serious literary,
artistic, educational, political, or scientific
purposes or value.
The standard for obscenity applied in this section shall not apply
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 interc ourse including any intercourse
which is normal or perverte d, actual or simulated,
b. acts of deviate sexual condu ct, including oral and
anal sodomy,
c. acts of masturbation,
Req. No. 6976 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 unde rgarments or in a costume
which is of a revealing natur e, or
(2) the condition of being fettered, bo und, or
otherwise physically restrained on the part of
one who is nude or so clothed,
e. acts of excretion in a sexual context, or
f. acts of exhibiting hum an genitals or pubic areas ; and
4. "Explicit child pornography" means material which a law
enforcement officer can immediately identify upon first viewing
without hesitation as child pornography ; and
5. "Obscene material harmful to minors" means and includes any
representation, performance, pictures , or literature, including any
book, article, magazine, publication, or written matter of an y kind,
or any drawing, etching, painting, still photographs, undeveloped
photographs, motion pictures, undeveloped film, videotape, optical,
magnetic or solid-state storage, CD or DVD, or a purely photographic
product or a reproduction of such produc t in any book, pamphlet ,
magazine, or other public ation or electronic or photo-optical format
that depicts or describe s or includes nudity, sexual co nduct, sexual
excitement, or sadomasochistic abuse that:
Req. No. 6976 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. predominantly appeals to the prurient, shameful, or
morbid interest of minor s,
b. is patently offensive to the prevailing standards in
the adult community with respect to what is suitable
material for minors, and
c. is utterly without redeeming social importance for
minors.
The types of sexual conduct described in paragraph 3 of this
subsection are intended to incl ude 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 2. This act shall become effective November 1, 2023.
59-1-6976 GRS 01/18/23