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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2535 By: Humphrey
AS INTRODUCED
An Act relating to obscene material; amending 21 O.S.
2021, Section 1024.1, which relates to definitions;
modifying elements of certain definition; and
providing an effective da te.
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 through
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 inclu ding, 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 a ny act with a person, other than
his or her spouse, of sexual intercourse which is normal or
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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, flagellation or torture, or the condition 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 context of masturbat ion 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) 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 Secti ons 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, whether in
any form or on any medium including still photograp hs, undeveloped
photographs, motion pictu res, undeveloped film, videotape, 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 elec tronic or photo-optical
format, if said items contain the following elements:
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a. depictions or descriptions of sexual conduct which are
patently offensive as found by the average person
applying contemporary community st andards a reasonable
person,
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 a
reasonable person, and
c. a reasonable person would find the material or
performance taken as a whole lacks serious literary,
artistic, educational, political, or scientific
purposes or value.
The standard for obscenity applied in subparagraphs b and c of this
paragraph shall not apply when an adult knowingly provides material
that qualifies as obscene material, as defined in this section, to a
minor. 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 intercourse including any intercourse
which is normal or perverted, actual or simulated,
b. acts of deviate sexual conduct, including oral and
anal sodomy,
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c. acts of masturbation,
d. acts of sadomasochis tic abuse including but not
limited to:
(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, bo und, or
otherwise physically restrained on the part of
one who is nude or so clo thed,
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 up on first viewing
without hesitation as ch ild 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 con duct is performed alone or between
members of the same or opposite sex or betwee n humans and animals in
an act of apparent sexual stimulation or gratification.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5553 GRS 12/13/22