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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2002 By: Conley of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
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 individual image stored or
contained in any format on any medium inc luding, but not limited to,
film, motion picture, videotape, photograph, negative, undeveloped
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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 intercour se which is normal or
perverted, in any act of anal sodomy, in any act of sexual activity
with an animal, in any act of sadomasochistic abuse includi ng, but
not limited to, flagellati on or torture, or the conditi on of being
fettered, bound or otherwise phy sically restrained in t he context of
sexual conduct, in any act of fell atio 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 exhibi tion 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 i ndividual 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 representation,
performance, depiction or description of sexual conduct, whether in
any form or on any medium including any book, article, magazine,
publication, or written matter of any kind, or any drawing, etching,
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painting, still photographs, undeveloped photographs, motio n
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, m agazine, or
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 person
applying contemporary community s tandards,
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 communit y standards, and
c. a reasonable person would find the material or
performance taken as a whole lac ks serious literary,
artistic, educational, p olitical, or scientific
purposes or value.
The standard for obscenity applied in subparagraph s b and c of this
subsection shall not apply when an adult knowingly provides material
that qualifies as obscene material or harmful to minor s, as such
terms are defined in this section. 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:
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a. acts of sexual intercourse 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,
d. acts of sadomasochist ic 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 upo n first viewing
without hesitation as child porn ography; and
5. "Harmful to minors" shall have the same meaning as provided
for in paragraph 2 of Section 1040.75 of this title.
The types of sexual conduct described in paragraph 3 of this
subsection are intended to include situations when, if appropriat e
to the type of conduct, the conduct is performed alone or between
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members of the same or opposite sex or between humans and animals in
an act of apparent sexual stimulation or gratifi cation.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
03/01/2023 - DO PASS, As Amended and Coauthored.