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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2535 By: Williams
COMMITTEE SUBSTITUTE
An Act relating to obscene material; amending 21 O.S.
2021, Section 1024.1, which relates to definitions;
providing statutory reference to 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 including, 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
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his or her spouse, of sexual intercourse 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 including, 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 bre ast, 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 sam e 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 descriptio n of sexual conduct, whether in
any form or on any medium including still photographs, undeveloped
photographs, motion pictu res, undeveloped film, videotape, optical,
magnetic or solid-state storage, CD or DVD, or a purely photographic
product or a reprodu ction of such product in any book, pamphlet,
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magazine, 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 standards,
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 , and
c. a reasonable person would find th e material or
performance taken as a whole lacks 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 intercourse including any intercourse
which is normal or perverted, actual or simulated,
b. acts of deviate sexual con duct, including oral and
anal sodomy,
c. acts of masturbation,
d. acts of sadomasochistic abuse including but not
limited to:
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(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 nat ure, or
(2) the condition of being fettered, bound, 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 upon first viewing
without hesitation as ch ild pornography; and
5. "Harmful to minors" shall have the same definition 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 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.
59-1-7853 GRS 03/01/23