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SENATE FLOOR VERSION
April 2, 2024
ENGROSSED HOUSE
BILL NO. 3639 By: Hasenbeck of the House
and
Treat of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1040.13b, which relates to the
Oklahoma Law on Obscen ity and Child Pornography;
modifying scope of certain unlawful acts; clarifying
penalty provisions; increasing penalty for certain
unlawful acts; providing for the prosecution of other
unlawful acts; making certain acts unlawful;
providing penalty; and pro viding an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.13b, is
amended to read as follows:
Section 1040.13b A. As used in this section:
1. "Image" includes a photograph, film, videotape, digital
recording or other depiction or portrayal of an object, including a
human body;
2. "Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area or female
adult nipple; and
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3. "Sexual act" means sexual intercourse including genital,
anal or oral sex.
B. A person commits nonconsensual dissemination of private
sexual images when he or she:
1. Intentionally disseminates an image of another person :
a. who is at least eighteen (18) years of age,
b. who is identifiable from the image itself or
information displayed in connection with the image,
and
c. who is engaged in a sexual act or whose intimate parts
are exposed, in whole or in part;
2. Disseminates the image wi th the intent to harass, intimidate
or coerce the person, or under circumstances in which a reasonable
person would know or understand that dissemination of the image
would harass, intimidate or coerce the person;
3. Obtains the image under circumstances in which a reasonable
person would know or understand that the image was to remain
private; and
4. Knows or a reasonable person should have known that the
person in 3. Disseminates the image has not consented to the
dissemination without the effective co nsent of the depicted per son.
C. The provisions of this section shall not apply to the
intentional dissemination of an image of another identifiable person
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who is engaged in a sexual act or whose intimate parts are exposed
when:
1. The dissemination is m ade for the purpose of a criminal
investigation that is otherwise lawful;
2. The dissemination is for the purpose of, or in connection
with, the reporting of unlawful conduct;
3. The images involve voluntary exposure in public or
commercial settings; or
4. The dissemination ser ves a lawful purpose.
D. Nothing in this section shall be construed to impose
liability upon the following entities solely as a result of content
or information provided by another person:
1. An interactive computer service, as d efined in 47 U.S.C.,
Section 230(f)(2);
2. A wireless service provider, as defined in Section 332(d) of
the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,
Federal Communications Commission rules, and the Omnibus Budget
Reconciliation Act of 1993, Pub. L. No. 103 -66; or
3. A telecommunications network or broadband provider.
E. A person convicted under this section is subject to the
forfeiture provisions in Section 1040.54 of this title.
F. 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 not more than one
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(1) year or by a fine of not more than One Thousand Dollars
($1,000.00), or both such fine and imprisonment.
G. Any person who violates or attempts to violate the
provisions of subsection B of this section and who gains or attempts
to gain financially any property or who gains or attempts to gain
anything of value as a result of the nonconsensual dissemination or
threatened dissemination of private sexual images shall , upon
conviction, be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for not more than four (4)
five (5) years. A second or subsequent violation of this subse ction
shall be a felony punishable by imprisonment in the custody of the
Department of Corrections for not more than ten (10) years and the
offender shall be required to register as a sex offender under the
Sex Offenders Registration Act.
H. The state shall not have the discretion to file a
misdemeanor charge, pursuant to Section 234 of Title 22 of the
Oklahoma Statutes, for a violation pursuant to subsection G of this
section.
I. The court shall have the authority to order the defendant to
remove the disseminated image should th e court find it is in the
power of the defendant to do so.
J. Nothing in this section shall prohibit the prosecution of a
person pursuant to the provision s of Section 1021.2, 1021.3, 1024.1,
1024.2, or 1040.12a of this title or an y other applicable statute.
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K. Any person who violates the provisions of subsection B of
this section by disseminating three or more images within a six -
month period shall, upon conviction, be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for not more than ten (10) years.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 2, 2024 - DO PASS