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SENATE FLOOR VERSION
February 20, 2024
SENATE BILL NO. 1268 By: Rader of the Senate
and
Osburn of the House
An Act relating to child pornography; amending 10
O.S. 2021, Sections 7505-5.1 and 7505-6.3, which
relate to adoption proceedings; mod ifying term;
amending 10A O.S. 2021, Section 1-4-705, which
relates to child custody; modifying term; amending
10A O.S. 2021, Section 2-8-221, which relates to
transmission of obscenity and child pornography;
modifying term; amending 21 O.S. 2021, Section 13.1,
which relates to sentencing; modifying term; amending
21 O.S. 2021, Section 843.5, which relates to child
abuse; modifying term; amending 21 O.S. 2021,
Sections 1021, 1021.1, 1021.2, 1021.3, 1021.4, 1022,
and 1023, which relate to Oklahoma law on obscenity
and child pornography; modifying term; amending 21
O.S. 2021, Section 1024.1, which relates to
definitions; modifying term; modifying definition ;
amending 21 O.S. 202 1, Sections 1024.2, 1024.3,
1024.4, and 1040.8, which relate to Oklahoma law on
obscenity and child pornography ; modifying term;
amending 21 O.S. 2021, Se ction 1040.11, which relates
to Oklahoma law on obs cenity and child pornography;
modifying term; amending 21 O.S. 2021, Sections
1040.12a, 1040.13, 1040.14, 1040.15, 1040.16,
1040.17, 1040.20, 1040.21, 1040.22, 1040.24, 1040.54,
1040.56, and 1040.80, which relate to Oklahoma law on
obscenity and child pornog raphy; modifying term s;
amending 21 O.S. 2021, Section 1123, as amended by
Section 4, Chapter 260, O.S.L. 2022 (21 O.S. Supp.
2023, Section 1123), which relates to acts against
children; modifying term; amending 22 O.S. 2021,
Section 40, which relates to definitions; modifying
term; amending 22 O.S. 2021, Sections 991h and 996.1,
which relate to sentencing; modifying term s; amending
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43 O.S. 2021, Section 112.5, which relates to custody
or guardianship; modifying term; amending 57 O.S.
2021, Section 138, wh ich relates to inmate cr edits;
modifying terms; amending 57 O.S. 2021, Se ction
332.16, which relates to recommendations for p arole;
modifying term; amending 57 O.S. 2021, Section 571,
as amended by Section 2, Cha pter 212, O.S.L. 2023 (57
O.S. Supp. 2023, Section 571), which relates to
definitions; modifying term ; amending 57 O.S. 2021,
Section 582, which relates to sex offenders;
modifying term; amending 68 O.S. 2021, Section
2357.101, which relates to film tax credits;
modifying term; amending 68 O.S. 2021, Sections 3623
and 3632, as amended by Section 1, Chapter 347,
O.S.L. 2023 (68 O.S. Supp. 2023, Section 3623), which
relate to definitions; modifying term; amending
Section 1, Chapter 280, O.S.L. 2022 , as amended by
Section 1, Chapter 373, O.S.L. 2023 (70 O.S. Supp.
2023, Section 11-202), which relates to digital or
online library database resources; modifying term;
amending 70 O.S. 2021, Section 1210.163 , which
relates to duty for school emplo yees to report
potential student abuse or neglect ; modifying term;
amending 74 O.S. 2021, Section 151.1, which relates
to internet crimes aga inst children; modifying term;
updating statutory langu age and references; making
language gender neutral; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505 -5.1, is
amended to read as follows:
Section 7505-5.1. A. Except as otherwise prov ided in this
section, only a person fo r whom a favorable written preplacement
home study has been prepared may accept custody of a minor for
purposes of adoption. A preplacement home study is favorable if it
contains a finding that the person is suited to be an adoptive
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parent, either in gener al or for a particular minor, and it is
completed or brought current within twelve (12) months next
preceding a placement of a minor with the person for adoption.
B. A preplacement home study is not required if a par ent or
guardian places a minor directl y with a relative of the minor for
purposes of adoption, or if the minor has been residing with a birth
parent’s spouse for not less than one (1) year as of the date the
petition for adoption is filed, but a home study of the relative or
stepparent is required during the pendency of a proceeding for
adoption.
C. A prospective adoptive parent shall not be approved for
placement of a child if the petitioners or any ot her person residing
in the home of the petitioners has been convicted of any of the
following felony offenses:
1. Within the five-year period preceding the date of the
petition, physical assault, domestic abuse, battery or a drug -
related offense;
2. Child abuse or neglect;
3. A crime against a child, including, but not limited to,
child pornography sexual abuse material ; and
4. A crime involving violence, including, but n ot limited to,
rape, sexual assault or homicide, but excluding those crimes
specified in paragraph 1 of this subsection.
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D. Under no circumstances shall a child be placed in the
custody of an individual subject to the Oklahoma Sex Offenders
Registration Act or an individual who is married to or living with
an individual subject to the Oklahoma Sex Offenders Registration
Act.
SECTION 2. AMENDATORY 10 O. S. 2021, Section 7505-6.3, is
amended to read as follows:
Section 7505-6.3. A. After six (6) months from the dat e of the
interlocutory decree unless the court waived all or part of the
waiting period, the petitioners may apply to the court for a final
decree of adoption. The court shall thereupon set a time and place
for final hearing.
B. If the minor is relat ed by blood to one of the petitioners,
or is a stepchild of the petitioner, or the court finds that the
best interests of the child will be furthe red thereby, the court,
after examination of the home study reports required by Section
7505-5.1 or 7505-5.2 of this title, may waive the entry of an
interlocutory decree a nd the waiting period of six (6) months or the
balance of the waiting period provided in this section.
C. Notice of the time and date of the hearing shall be served
at least ten (10) days prior to the hearing upon any parent whose
parental rights have n ot been terminated, unless that parent has
properly executed a consent to the adoption or a permanent
relinquishment pursuant to Sections 7503 -2.3, 7503-2.4 and 7503-2.6
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of this title or has waived th e right to notice pursuant to Section
7503-3.1 of this title. Notice of the hearing shall also be served
on the child-placing agency or the Department of Human Services in
those cases where the child -placing agency or Departme nt has
original custody, or performed a home study.
D. The petitioners and child sha ll appear at the hearing on the
application for final decree, unless the presence of t he child is
waived by the court.
E. The final hearing is not required to be recorded by a court
reporter. Upon the request of any party, the court shall direct
that the hearing be recorded by the court reporter, or th e court may
order on its own initiative that the hearing be recorded.
F. The court may enter a final decree of adoption, if the court
is satisfied that the adoption is in the best interests of the
child.
G. For purposes of this subsection, the State of Oklahoma
elects to make subparagraph ( A) of paragraph 20 of subsection 3 of
Section 471(a) of the Social Security Act (Public Law 105-89)
inapplicable to Oklahoma. Instead, the State of Oklahoma requires
that:
1. Except as otherwise provided by this subse ction, a
prospective adoptive parent shall not be approved for placement of a
child if the petitioners or any other person residing in the home of
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the petitioners has been convicted of any of the following f elony
offenses:
a. within the five-year period preceding the date of the
petition, physical assault, domestic abuse, battery or
a drug-related offense, except as otherwise authorized
by this subsection,
b. child abuse or neglect,
c. a crime against a child, including, but not limited
to, child pornography sexual abuse material , and
d. a crime involving violence, including, but not limited
to, rape, sexual assault or homicid e, but excluding
physical assault or battery.
2. A prospective adoptive parent may b e an approved placement
regardless of whether such parent has been convicted of any of the
felony offenses specified by subparagraph a of paragraph 1 of this
subsection, if an evaluation has been made and accepted by the court
which considers the nature and seriousness of the crime in relation
to the adoption, the time elapsed since the commission of the crime,
the circumstances under which the crime was committed, the degr ee of
rehabilitation, the number of crimes committed by the person
involved, and a showing by clear and convincing evidence that the
child will not be at risk by such plac ement.
H. Under no circumstances shall a child be placed in the
custody of an individual subject to the Oklahoma Sex Offenders
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Registration Act or an individual who is mar ried to or living with
an individual subject to the Oklahoma Sex Offenders Registration
Act.
SECTION 3. AMENDATORY 10A O.S. 2021, Section 1 -4-705, is
amended to read as follows:
Section 1-4-705. A. In placing a child in the cust ody of an
individual, a private agency, or institution, the court and the
Department of Human Services shall, if possible, select a person,
agency, or institution governed by persons of the same religious
faith as that of the parents of the child, or in ca se of a
difference in the religious faith of the parents, th en of the
religious faith of t he child.
B. Except as otherwise provided by this section or by law, it
shall be left to the discretion of the judge to place the c ustody of
children where their tot al needs will best be served. If an
individual meets the minimum required age fo r placement purposes,
the age of an otherwise eligible individual shall not be a reason
for denying the individual placement or custody of a child.
C. A prospective foster or adoptive parent shall not be an
approved placement for a ch ild if the prospective foster or adoptive
parent or any other person residing in the home of the prospective
foster or adoptive parent has been convicted of any o f the following
felony offenses:
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1. Within the five-year period preceding th e application date,
a physical assault, battery, or a drug-related offense;
2. Child abuse or neglect;
3. Domestic abuse;
4. A crime against a child, including, but not limited to,
child pornography sexual abuse material; or
5. A crime involving violence, including, bu t not limited to,
rape, sexual assault o r homicide, but excluding those crimes
specified in paragraph 1 of this subsection.
D. 1. Under no circumstances shall a child be placed with or
in the custody of an individual subject to the Oklahoma Sex
Offenders Registration Act or an individual who is married to or
living with an individual subject to the Oklahoma Sex Offenders
Registration Act.
2. In addition, prior to the court placing a child in the
custody of an individual, the court shall inquire as to whether the
individual has been previously convicted of any felony or relevant
misdemeanor or has any felony or misdemeanor charges pendi ng.
3. Prior to the custody order being entered, the individu al
seeking custody shall provide an Oklahom a criminal history record
obtained pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes to the court.
4. For purposes of this subsec tion the terms:
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a. “relevant misdemeanor ” may include assault and
battery, alcohol- or drug-related offenses, domestic
violence or other offenses involving the use of
physical force or violence against the person or
property of another, and
b. “individual” shall not include a parent or legal
guardian of the child.
E. The provisions of this section shall not apply in any
paternity or domestic relations c ase, unless otherwise ordered by
the court.
SECTION 4. AMENDATORY 10A O.S. 2021, Section 2-8-221, is
amended to read as follows:
Section 2-8-221. A. Whenever the district attorney for any
district has reasonable c ause to believe that an individual, with
knowledge of its content, is engaged in sending a transmission or
causing a transmission to originate within this state containing
obscene material or child pornography sexual abuse material , as such
terms are defined in Section 1024.1 of Title 21 of the Oklahom a
Statutes, the district attorney for the district in to which the
transmission is sent or caused t o be sent, may institute an action
in the district court for an adjudication of the obscenity or child
pornographic content sexual abuse material of the transmission.
Provided that if the conditions of subsection B of this section are
present, then it shall be at the di scretion of the district attor ney
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whether the action instituted is a juvenile offen se as defined in
subsection B of this section or whether the action instituted is a
felony for a violation of Sec tion 1040.13a of Title 21 of the
Oklahoma Statutes.
The individual sending the transmiss ion specified in this
section may be charged and tried in any distri ct wherein the
transmission is sent or in which it is received by the person to
whom it was transmitted.
For purposes of any cri minal prosecution pursuant to a violation
of this section, the person violating the provisions of this section
shall be deemed to be within the jurisdiction of this state by t he
fact of accessing any computer, cellular phone, or other computer-
related or satellite -operated device in this state, regardless of
the actual jurisdiction where the violator resides.
B. Any individual und er eighteen (18) years of age who engages
in the original or relayed transmission of obscene material or child
pornography sexual abuse material via electronic media in the form
of digital images, videos, or other depictions of real persons un der
the age of eighteen (18) years, and:
1. The original or relayed transmission is of another minor
over thirteen (13) years of age and is made with the consent of the
pictured individual and is tran smitted to five or fewer individual
destinations, known or unknown, shall be guilty of a misdemeanor
violation of this section punishable by:
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a. a fine not to exceed Five Hundred Dollars ($500.00)
for the first offense,
b. a fine not to exceed One Thousand Dollars ($1,000.00)
for a second and subsequent offens e,
c. up to forty (40) hours of community service,
d. a referral to a juvenile bureau to propose a probation
plan which shall be adopted through disposition, or
e. attendance and successful completion of an educational
program or a delinquency prevention and diversion
program as provided in Section 24 -100.4 of Title 70 of
the Oklahoma Statutes. The court shall have the
discretion to order the parent or legal guardian of
the juvenile to attend and succes sfully complete the
educational program;
2. The original or relayed transmission is of another minor
over thirteen (13) years of age and is made without the consent o f
the pictured individual, or is sent to six or more individual
destinations, known or u nknown, shall be guilty of a misdemeanor
violation of this section p unishable by:
a. a fine not to exceed Seven Hundred Dollars ($700.00)
for the first offense,
b. a fine not to exceed One Thousan d Four Hundred Dollars
($1,400.00) for a second or subsequent offense,
c. up to sixty (60) hours of community servi ce,
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d. a referral to a juvenile bureau to propose a probatio n
plan which shall be adopted through disposition, an d
e. attendance and successful completion of an educ ational
program or a delinquency pre vention and diversion
program as provided in Section 24 -100.4 of Title 70 of
the Oklahoma Statutes. T he court shall have the
discretion to order the parent or legal guardian of
the juvenile to attend and successfully complete t he
educational program; and
3. The original or relayed transmission is of another minor
thirteen (13) years of age or younger, with or without the pictured
individual’s consent, and is transmitte d to any number of
destinations, known or unknown, s hall be guilty of a misdemeanor
violation of this section punishable by:
a. a fine not to exceed Nine Hu ndred Dollars ($900.00)
for the first offense,
b. a fine not to exceed One Thousand Eight Hundred
Dollars ($1,800.00) for a seco nd or subsequent
offense,
c. up to eighty (80) hours of co mmunity service,
d. a referral to a juvenile bureau to pr opose a probation
plan which may be adopted through disposit ion, and
e. attendance and successful completion of a n educational
program or a delinquency prevention an d diversion
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program as provided in Se ction 24-100.4 of Title 70 of
the Oklahoma Statutes. The court sha ll have the
discretion to order th e parent or legal guardian of
the juvenile to attend and successfully complete the
educational program.
C. The fact that the individual making the transmi ssion and the
individual pictured are the same does no t alter the criminality
provided in this section.
D. It is an affirmative defense to the relayed transmission of
obscene material or child pornography sexual abuse material, as
these terms are defined i n Section 1024.1 of T itle 21 of the
Oklahoma Statutes, if a juveni le:
1. Has not solicited the visu al depiction; and
2. Does not subsequently distribute, present, transmit, post,
print, disseminate or exchange the visual dep iction except for the
purpose of reporting the original transmission or relayed
transmission to appropriate school or law enforcement authoriti es.
SECTION 5. AMENDATORY 2 1 O.S. 2021, Section 13.1, is
amended to read as fol lows:
Section 13.1. Persons convicted of:
1. First degree murder as defined in Section 701.7 of this
title;
2. Second degree murder as defined by Section 701.8 of this
title;
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3. Manslaughter in the first degree as defined by Section 711
of this title;
4. Poisoning with intent to kill as d efined by Section 651 of
this title;
5. Shooting with intent to kill, use of a vehi cle to facilitate
use of a firearm, crossbow or other weapon, assault, battery, or
assault and battery with a deadly weapon or by other means likely to
produce death or great bodily harm, as provided for in Section 652
of this title;
6. Assault with intent to kill as provided for in Section 653
of this title;
7. Conjoint robbery as defined by Section 800 of this title;
8. Robbery with a dangerous weapon as defined in Sect ion 801 of
this title;
9. First degree robbery as defined in Section 797 of this
title;
10. First degree rape as provided for in Section 1111, 1114 or
1115 of this title;
11. First degree arson as defined in Section 1401 of this
title;
12. First degree burglary as provided for in Section 1436 of
this title;
13. Bombing as defined in Section 1767.1 of this title;
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14. Any crime against a child provide d for in Section 843.5 of
this title;
15. Forcible sodomy as defined in Section 888 of this title;
16. Child pornography sexual abuse material or aggravated child
pornography sexual abuse material as defined in Section 1021.2,
1021.3, 1024.1, 1024.2 or 1040.12a of thi s title;
17. Child prostitution as defined in Section 1030 of this
title;
18. Lewd molestation of a child as defined in Section 1123 of
this title;
19. Abuse of a vulnerable adult as defined in Section 10 -103 of
Title 43A of the Oklahoma S tatutes;
20. Aggravated trafficking a s provided for in subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated assault and battery upon any person defending
another person from assault and battery; or
22. Human trafficking as provided for i n Section 748 of this
title,
shall be required to serve not less than eig hty-five percent (85%)
of any sentence of imprisonment imposed by the judicial system prior
to becoming eligible for consideration for parole. Persons
convicted of these offenses shall not be eligible for e arned credits
or any other type of credits which have the effect o f reducing the
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length of the sentence t o less than eighty-five percent (85%) of the
sentence imposed.
SECTION 6. AMENDATORY 21 O.S. 2021, Se ction 843.5, is
amended to read as follows:
Section 843.5. A. Any person who shall willfully or
maliciously engage in child abuse , as defined in this section,
shall, upon conviction, be guilty of a fe lony punishable by
imprisonment in the custody of the Department of Corrections not
exceeding life imprisonment, or by impri sonment in a county jail not
exceeding one (1) year, or by a fine of not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment .
B. Any person responsible for the health, safety or w elfare of
a child who shall willfully or maliciously engage in enablin g child
abuse, as defined in this sect ion, shall, upon convicti on, be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by impr isonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($ 500.00) nor more than Five Thousand
Dollars ($5,000.00) or both such fine and imprisonment .
C. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child ne glect,
as defined in this section, shall, upon conviction, be p unished by
imprisonment in the custody of the Department of Corrections not
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exceeding life imprisonment, or by imprisonmen t in a county jail not
exceeding one (1) year, or by a fine of not less than Five Hundred
Dollars ($500.00) no r more than Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment .
D. Any parent or other person who shall willfully or
maliciously engage in enabling chil d neglect shall, upon conviction,
be punished by imprisonment in the custody of t he Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or both such fine and i mprisonment.
E. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously en gage in child sexual
abuse, as defined in this sec tion, shall, upon conviction, be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not excee ding one (1) year, or by a fine of not less
than Five Hundred Do llars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or both such fine and impri sonment, except as
provided in Section 51.1a of this title or as otherwise provided in
subsection F of this section for a child victim under twelve (12)
years of age. Except for persons sentenced to life or life without
parole, any person sentenced t o imprisonment for two (2 ) years or
more for a violation of this subsection shall be required to serve a
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term of post-imprisonment supervision pursuant to subparagraph f of
paragraph 1 of subsection A of Section 991a of Title 22 of the
Oklahoma Statutes under c onditions determined by the Department of
Corrections. The jury shall be advised that the mand atory post-
imprisonment supervision shall be in addition to the actual
imprisonment.
F. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, to a child under twelve (12)
years of age shall, upon conviction, be puni shed by imprisonment in
the custody of the Department of Corrections for not less than
twenty-five (25) years nor more than life imprisonment, and by a
fine of not less than Five Hundred Do llars ($500.00) nor more than
Five Thousand Dollars ($5,000.00).
G. Any parent or other person who shall willfully or
maliciously engage in enabling chil d sexual abuse shall, upo n
conviction, be punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.
H. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, shall, upon
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conviction, be punished b y imprisonment in the cus tody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000. 00), or both such fine and
imprisonment except as provided in subsection I of this section for
a child victim under tw elve (12) years of age. Except for persons
sentenced to life or life without parole, any p erson sentenced to
imprisonment for two (2) years or more for a violation of this
subsection shall be required to serve a term of post -imprisonment
supervision pursuant to subparagraph f of paragraph 1 of su bsection
A of Section 991a of Title 22 of the Oklahoma Statutes under
conditions determined by t he Department of Corrections. The jury
shall be advised that the mandatory post -imprisonment supervision
shall be in addition to the actual imprisonment.
I. Any person who shall willfully or maliciously en gage in
child sexual exploitation, as defined in this section, of a child
under twelve (12) years of age shall, upon conviction, be punished
by imprisonment in the custody of the Department of Corrections fo r
not less than twenty-five (25) years nor more than life
imprisonment, and by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00).
J. Any person responsible for the health, safety or welfare of
a child who shall willfully or maliciously engage in enabl ing child
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sexual exploitation, as defined in this section, shall, upon
conviction, be punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine of not less than Five Hundred Dollar s ($500.00) nor more than
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.
K. Notwithstanding any other provision of law, any person
convicted of forcible anal or oral sodomy, rape, rape by
instrumentation, or lewd moles tation of a child under f ourteen (14)
years of age subsequent to a previous conviction for any offense of
forcible anal or oral sodomy, rape, rape by instrumentation, or lewd
molestation of a child under fourteen (14) years of age shal l be
punished by death or by impri sonment for life without parole.
L. Provided, however, that nothing contained in this section
shall prohibit any parent or guardian from using reasonable and
ordinary force pursuant to Section 844 of this title.
M. Consent shall not be a def ense for any violation pr ovided
for in this section.
N. Notwithstanding the age requirements of other statutes
referenced within this section, this section shall apply to any
child under eighteen (18) years of age.
O. As used in this section:
1. “Child abuse” means:
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a. the willful or malicious harm or threatened harm or
failure to protect from harm or threat ened harm to the
health, safety or welfare of a child under eighteen
(18) years of age by a person responsible for a
child’s health, safety or welfar e, or
b. the act of willfully or maliciously injuring,
torturing or maiming a child under eighteen (18) y ears
of age by any person;
2. “Child neglect” means the willful or malicious neglect, as
defined by Section 1 -1-105 of Title 10A of the Oklahoma Statutes, of
a child under eighteen (18) years of age by a person responsible for
a child’s health, safety or welfare;
3. “Child sexual abuse” means the willful or malicious sexual
abuse of a child under eighteen (18) year s of age by a person
responsible for a child’s health, safety or welfare and includes,
but is not limited to:
a. sexual intercourse,
b. penetration of the vagina or anus, however slight, by
an inanimate object or any part of the human body not
amounting to sexual intercourse,
c. sodomy,
d. incest, or
e. a lewd act or proposal, as defined in this section;
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4. “Child sexual exploitation ” means the willful or malicious
sexual exploitation of a child under eighteen (18) years of age by
another and includes, but is not limited to:
a. human trafficking, as provided for in Se ction 748 of
this title, if the offense involved child trafficking
for commercial sex,
b. trafficking in children, as provided for in Section
866 of this title, if the offense was committed for
the sexual gratification of any person,
c. procuring or causing the participation of a minor in
child pornography sexual abuse material, as provided
for in Section 1021.2 of this title,
d. purchase, procurement or possession of child
pornography sexual abuse material, as provided for in
Section 1024.2 of this title,
e. engaging in or soliciting prostitution, a s provided
for in Section 1029 of this title, if the offense
involved child prostitution,
f. publication, distribution or participation in the
preparation of obscene material, as provided for in
Section 1040.8 of this title, if the offense involved
child pornography sexual abuse material,
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g. aggravated possession of child pornography sexual
abuse material, as provided for in Section 1040.1 2a of
this title,
h. sale or distribution of obscen e material, as provided
for in Section 1040.13 of this title,
i. soliciting sexual conduct or communicati on with a
minor by use of technology, as provided for in Section
1043.13a 1040.13a of this title,
j. offering or transporting a child for p urposes of
prostitution, as provided for in Section 1087 of this
title, and
k. child prostitution, as provided for in Section 1088 of
this title;
5. “Enabling child abuse ” means the causing, procu ring or
permitting of child abuse by a person responsible for a child’s
health, safety or welfare;
6. “Enabling child neglect ” means the causing, procuring or
permitting of child negle ct by a person responsible for a child’s
health, safety or welfa re;
7. “Enabling child sexual abuse” means the causing, procuring
or permitting of child s exual abuse by a person responsible for a
child’s health, safety or welfare;
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8. “Enabling child sexual exploitation” means the causing,
procuring or permitting of child se xual exploitation by a person
responsible for a child’s health, safety or welfare;
9. “Incest” means marrying, committing adultery or fornicating
with a child by a person responsible f or the health, safety or
welfare of a child;
10. “Lewd act or proposal” means:
a. making any oral, written or electronic or compu ter-
generated lewd or ind ecent proposal to a child for the
child to have unlawful sexual relations or sexual
intercourse with any person,
b. looking upon, touching, mauling or feeling the body or
private parts of a child in a lewd or lasci vious
manner or for the purpose of sex ual gratification,
c. asking, inviting, enticing or persuading any child to
go alone with any person to a secluded, remote or
secret place for a lewd or lascivious purpo se,
d. urinating or defecating upon a child or causing,
forcing or requiring a child to def ecate or urinate
upon the body or private parts of another person for
the purpose of sexual gratificatio n,
e. ejaculating upon or in the presence of a child,
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f. causing, exposing, forcing or requiring a child to
look upon the body or private parts of a nother person
for the purpose of sexual gratification,
g. causing, forcing or requiring any child to view any
obscene materials, child pornography sexual abuse
material or materials deemed harmful to minors as such
terms are defined in Sections 1024.1 and 1040 .75 of
this title,
h. causing, exposing, forcing or requiring a child to
look upon sexual acts performed in the presence of the
child for the purpose of sexual gratificatio n, or
i. causing, forcing or requiring a child to touch or feel
the body or private parts of the child or another
person for the purpose of sexual gratification;
11. “Permit” means to authorize or allow for the care of a
child by an individual when the person authorizing or allowing such
care knows or reasonably should know that the chil d will be placed
at risk of the conduct or harm proscribed by this section ;
12. “Person responsible for a child’s health, safety or
welfare” for purposes of this section shall include, but not be
limited to:
a. the parent of the child,
b. the legal guardian of the child,
c. the custodian of the child,
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d. the foster parent of the child,
e. a person eighteen (18) years of age or older with whom
the parent of the child cohabitates, who is at least
three (3) years older than the child ,
f. any other person eigh teen (18) years of age or older
residing in the home of the child , who is at least
three (3) years older than the child,
g. an owner, operator, agent, employee or volunteer of a
public or private residential home, institution,
facility or day treatment program, as defined in
Section 175.20 of Title 10 of the Oklahoma Statutes,
that the child attended ,
h. an owner, operator, agent, employee or volunteer of a
child care facility, as defined in Section 402 of
Title 10 of the Oklahoma S tatutes, that the child
attended,
i. an intimate partner of the parent of the child, as
defined in Section 60.1 of Title 22 of the Oklahoma
Statutes, or
j. a person who has voluntarily accepted res ponsibility
for the care or supervision of a child;
13. “Sexual intercourse” means the actual penetration, however
slight, of the vagina or anus by the penis ; and
14. “Sodomy” means:
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a. penetration, however slight, of the mouth of the child
by a penis,
b. penetration, however slight, of the vagina of a person
responsible for a child’s health, safety or welfare,
by the mouth of a child,
c. penetration, however slight, of the mouth o f the
person responsible for a child’s health, safety or
welfare by the penis of the child, or
d. penetration, however slight, of the vagina of the
child by the mouth of the person responsible for a
child’s health, safety or welfare.
SECTION 7. AMENDATORY 21 O.S. 2021, Section 1021, is
amended to read as follows:
Section 1021. A. Every person who willfully and knowingly
either:
1. Lewdly exposes his or her person or genitals in any public
place, or in any plac e where there are present other persons to b e
offended or annoyed thereb y; provided, however, for purposes of this
section, a person alleged to have committed an act of public
urination shall be prosecuted pursuan t to Section 22 of this title
unless such act was accompanied with another act that violates
paragraphs 2 through 4 of this subsection an d shall not be subject
to registration under the Sex Offend ers Registration Act;
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2. Procures, counsels, or assists any person to expose such
person, or to make a ny other exhibition of such person to public
view or to the view of any number of persons, for the purpose of
sexual stimulation of the viewer;
3. Writes, composes, stereotypes, prints, photographs, designs,
copies, draws, engraves, paints, molds, cuts, o r otherwise prepares,
publishes, sells, distributes, keeps for sale, kno wingly downloads
on a computer, or exhibits any obscene material or child pornography
sexual abuse material; or
4. Makes, prepares, cuts, sells, gives, loans, distributes,
keeps for sale, or exhibits any disc record, metal, pla stic, or wax,
wire or tape recording, or any type of obscene material or child
pornography sexual abuse material,
shall be guilty, upon conviction, of a felony and shall be punished
by the imposition of a fine of not less than Five Hundred Dollars
($500.00) nor more than Twenty Thous and Dollars ($20,000.0 0) or by
imprisonment for not less than thirty (30) days nor more than ten
(10) years, or by both such fine and imprisonment.
B. Every person who:
1. Willfully solici ts or aids a minor child to perform; o r
2. Shows, exhibits, loans , or distributes to a minor child any
obscene material or child pornography sexual abuse material for the
purpose of inducing said the minor to participate in,
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any act specified in paragraphs 1, 2, 3 or 4 of subsection A of t his
section shall be guilty o f a felony, upon conviction, and shall be
punished by imprisonment in the custody of the Department of
Corrections for not less than ten (10) years nor more than thirty
(30) years, except when the minor child is under twelve (12) year s
of age at the time t he offense is committed, and in such case the
person shall, upon conviction, be pun ished by imprisonment in the
custody of the Departmen t of Corrections for not less than twenty -
five (25) years.
C. Persons convicted under this section shall not be eligibl e
for a deferred sentence.
D. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonment for two (2) years or more for a
violation of this section shall be required to serve a term of post -
imprisonment supervision pu rsuant to subparagraph f of paragraph 1
of subsection A of Section 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections. The
jury shall be advised that the mandatory post -imprisonment
supervision shall be in addition to the actual imprisonment.
E. For purposes of this section, “downloading on a computer ”
means electronically transferring an electronic file from one
computer or electronic media to another computer or electronic
media.
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SECTION 8. AMENDATORY 21 O.S. 2021, Section 1021.1, is
amended to read as fol lows:
Section 1021.1. A. Sections 1021 through 1024.4 of this title
shall not apply to persons who may possess o r distribute obscene
matter or child pornography sexual abuse material or participate in
conduct otherwise prescribed by this act section and Section 1021 of
this title, when such possession, distribution, or conduct occurs in
the course of law enforcement activities .
B. The criminal provision s of this title shall not prohibit the
district attorney from seeking civil o r injunctive relief to enjoin
the production, publication, disse mination, distribution, sale of or
participation in any obscene material or child pornography sexual
abuse material, or the dissemination to minors of material h armful
to minors, or the possession of child pornography sexual abuse
material.
SECTION 9. AMENDATORY 21 O.S. 2021, S ection 1021.2, is
amended to read as f ollows:
Section 1021.2. A. Any person who shall procure or cause the
participation of any minor under the age of eighteen (18) years in
any child pornography sexual abuse material or who knowingly
possesses, procures, or manufactures, or causes to be sold or
distributed any child pornography sexual abuse material shall be
guilty, upon conviction, of a felony and shall be punished by
imprisonment for not more than twenty (20) years or by the
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imposition of a fine of not more than Twenty -five Thousand Dollars
($25,000.00) or by bot h said such fine and imprisonment. Persons
convicted under this section shall not be eligible for a deferred
sentence. Except for persons sentenced to life or life without
parole, any person sentenced to imprisonment for two (2) years or
more for a violation of this subsection shall be required to serve a
term of post-imprisonment supervision pursuant to subparagraph f of
paragraph 1 of subsection A of Section 991a of Title 22 of the
Oklahoma Statutes under conditions determined by the De partment of
Corrections. The jury shall be advised that the mandato ry post-
imprisonment supervision shall be in addition to the actual
imprisonment.
B. The consent of the minor, or of the mother, fat her, legal
guardian, or custodian of the minor to the a ctivity prohibited by
this section shall not constitute a defense.
SECTION 10. AMENDATORY 21 O.S. 2021, Secti on 1021.3, is
amended to read as follows:
Section 1021.3. A. Any parent, guardian or individual having
custody of a minor under the age of eighteen ( 18) years who
knowingly permits or cons ents to the participation of a minor in any
child pornography sexual abuse material shall be guilty of a felony
and, upon conviction, shall be imprisoned in the custody of the
Department of Corrections f or a period of not more than twenty (20)
years or a fine of not more than Twenty-five Thousand Dollars
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($25,000.00) or by both such fine and imprisonment. Persons
convicted under this section shall not be eligible for a deferred
sentence. Except for persons sentenced to life or life without
parole, any person sentenced to imprisonment for two (2) years or
more for a violation of this sub section shall be required to serve a
term of post-imprisonment supervision pursuant to subparagraph f of
paragraph 1 of subsection A of Section 991a of Title 22 of the
Oklahoma Statutes under conditions determined by the Department of
Corrections. The jury shall be advised that the mandatory post -
imprisonment supervision shall be in addition to the actual
imprisonment.
B. The consent of the minor to the activity prohibited by this
section shall not constitute a defense.
SECTION 11. AMENDATORY 21 O.S. 2021, Section 1021.4, is
amended to read as follows:
Section 1021.4. A. Any commercial film and photographic print
processor or commercial computer te chnician who has knowledge of or
observes, within the scope of such person’s professional capacity or
employment, any film, photograph, video tape, negative, or slide, or
any computer file, recording, CD -Rom, magnetic disk memory, magnetic
tape memory, picture, graphic or image that is intentionally saved,
transmitted or organized on hardware or any other media i ncluding,
but not limited to, CDs, DVDs and thu mbdrives, whether digital,
analog or other means and whether directly viewable, compressed or
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encoded depicting a child under the age of eighte en (18) years
engaged in an act of sexual conduct as defined in Section 1024.1 of
this title shall immediately or as soon as possible report by
telephone such instance of suspected child abuse or child
pornography sexual abuse material to the law enforcement agency
having jurisdiction over the case and shall prepare and send a
written report of the incident with an attached copy of such
material, within thirty-six (36) hours after receiving the
information concerni ng the incident.
For the purposes of this s ection:
1. “Commercial film and photographic print processor” means any
person who develops exposed photographic film into negatives,
slides, or prints, or who makes prints from negatives or slides, for
compensation. The term shall also include any employee of such a
person but shall not include a person who develops film or makes
prints for a public agency; and
2. “Commercial computer technician ” means any person who
repairs, installs, or otherwise services any computer including, but
not limited to, any component part, device, memory storage or
recording mechanism, auxiliary storage, recording or memory
capacity, or any other materials relating to operation and
maintenance of a computer or computer network or s ystem, for
compensation. The term shall also include any employee of such
person.
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B. Any person who violates the provisions of th is section, upon
conviction, shall be guilty of a misdemean or and shall be punished
by the imposition of a fine not to exceed Five Hundred Dollars
($500.00) or by impri sonment in the county jail not to exceed one
(1) year, or both such fine and imprisonment.
C. Nothing in this section shall be construed to require or
authorize any person to act outside the scope of such person ’s
professional capacity o r employment by searching for prohibited
materials or media.
SECTION 12. AMENDATORY 21 O.S. 2021, Sectio n 1022, is
amended to read as follows:
Section 1022. Every person who is authorized or enjoined to
arrest any person for a violation of paragraph 3 of subsection A of
Section 1021 of this title is equally authorized and enjoined to
seize one copy of the obscene material, or all copies of explicit
child pornography sexual abuse material , found in possessio n of or
under the control of the person so arrested, and to deliver the same
to the magistrate before whom the person so arrested is required t o
be taken.
SECTION 13. AMENDATORY 21 O.S. 2021, Section 1023, is
amended to read as fol lows:
Section 1023. The magistrate to whom any child pornography
sexual abuse material, or any obscene material, is delivered
pursuant to Section 1 022 of this title, shall, upon the examin ation
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of the accused, or if the examination is delayed or pre vented,
without awaiting such examination, d etermine the character of such
child pornography sexual abuse material or obscene material, and if
the magistrate finds it to be obs cene material or child pornography
sexual abuse material , the magistrate shall cause t he same to be
delivered to the district attorney of the county in which the
accused is liable to indictment or trial. The magi strate shall
issue in writing the factual and legal basis for the determination
by the magistrate of the character of the c hild pornography sexual
abuse material or obscene material.
SECTION 14. AMENDATORY 21 O.S. 2021, Section 1 024.1, is
amended to read as follows:
Section 1024.1. A. As used in Sections 1021, 1021.1 through
1021.4, Sections 1022 through 1024 1031, and Sections 1040.8 through
1040.24 of this title, “child pornography sexual abuse material”
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:
1. Film;
2. Motion picture, videotape, photograph, negative,
undeveloped;
3. Videotape;
4. Photograph;
5. Negative;
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6. Undeveloped film, slide, photographic;
7. Slide;
8. Photographic product, reproduction;
9. Reproduction of a photographic product, play;
10. Digital, computerized, or artificial intelligence-generated
image indistinguishable from an actual minor ;
11. An image created, adapted, or modified that appears to
depict an actual and identifiable minor; or
12. 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 s exual
intercourse which is normal or pervert ed, 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 cunnili ngus, in any act of excretion i n the context
of sexual conduct, in any lewd exhibition of the uncovered genitals
in the context of masturbation or other se xual 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 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
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copies of the same identical mat erial 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, whether in
any form or on any medium including 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 p roduct in any book, pamphlet,
magazine, or other publication or electronic or photo -optical
format, if said such 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 th eme an appeal
to prurient interest in sex as found by the average
person applying contemporary community standards, and
c. a reasonable person would find the material or
performance taken as a who le lacks serious literary,
artistic, educational, political, or scientific
purposes or value.
The standard for obscenity applied in this sec tion shall not apply
to child pornography sexual abuse material;
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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 si mulated,
b. acts of deviate sexual conduct, including or al and
anal sodomy,
c. acts of masturbation,
d. acts of sadomasochistic abuse incl uding but not
limited to:
(1) flagellation or torture by or u pon any person who
is nude or clad in und ergarments or in a costume
which is of a reveali ng nature, or
(2) the condition of being fettered, bo und, or
otherwise physically re strained on the part of
one who is nude or so clothed,
e. acts of excretion in a sexual context, or
f. acts of exhibiting human genitals or pubic areas; and
4. “Explicit child pornography sexual abuse material” means
material which a law enforcem ent officer can immediately ide ntify
upon first viewing without hesitation as child pornography sexual
abuse material.
The types of sexual conduct described in paragraph 3 of this
subsection are intended to include situations when, if appropriate
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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 sexu al stimulation or gratification .
SECTION 15. AMENDATORY 21 O.S. 2021, Section 1024.2, is
amended to read as follo ws:
Section 1024.2. It shall be unlawful for any person to buy,
procure or possess child pornography sexual abuse material in
violation of Sections 1 024.1 through 1024.4 of this title. Such
person shall, upon conviction, be guilty o f a felony and shall be
imprisoned for a period of not more than twenty (20) years or a fine
up to, but not exceedi ng, Twenty-five Thousand Dollars ($25,000.00)
or by both such fine and imprisonment.
SECTION 16. AMENDATORY 21 O.S. 2021, Section 1024.3, is
amended to read as follows:
Section 1024.3. Every person who is authorized or enjoined to
arrest any person for a violation of this act Section 1024.1 et seq.
of this title is equally authorized or enjoined to seize an
evidentiary copy of any obscene material or ch ild pornography sexual
abuse material or all copies of explicit child pornography sexual
abuse material found in the possession of or under the control of
the person so arrested and to deliver the obscene material or child
pornography sexual abuse material to the magistrate before whom the
person so arrested is required to be taken.
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SECTION 17. AMENDATORY 21 O.S. 20 21, Section 1024.4, is
amended to read as follows:
Section 1024.4. Upon final conviction of the accused and any
codefendant, the magistrate or law enforceme nt agency shall, with
the consent of the district attorney, cause any obscene mater ial or
child pornography sexual abuse material , in respect whereof the
accused and any codefen dant stands convicted and which remains in
the possession or control of such magistrate, law enforcement agency
or district attorney, to be destroyed incl uding, but not limited t o,
the destruction of any computer, hard drive or other electronic
storage media of the accused or codefendant on which such obscene
material or child pornography sexual abuse material was located.
For purposes of this section, “final conviction” includes the
exhaustion of or failur e to timely pursue post -conviction and state
and federal habeas corpus review.
SECTION 18. AMENDATORY 21 O.S. 2021, Section 1040.8, is
amended to read as follows:
Section 1040.8. A. No person shall kno wingly photograph, act
in, pose for, model for, print, sell, off er for sale, give aw ay,
exhibit, publish, offer to publish, or otherwise distribute,
display, or exhibit any book, magazine, story, pamphlet, paper,
writing, card, advertisement, circular, pri nt, picture, photograph,
motion picture film, electronic video game or recording, ima ge,
cast, slide, figure, instrument, statue, drawi ng, presentation, or
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other article which is obscene material or child pornography sexual
abuse material, as defined in Section 1024.1 of this title. In the
case of any unsolicited mail ing of any of the ma terial listed in
this section, the offense is deemed complete from the time such
material is deposited in any post office or delivere d to any person
with intent that it sha ll be forwarded. Also, unless pree mpted by
federal law, no unsolicited mail which is harmful to minors pursuant
to Section 1040.75 of this title shall be mailed to any person. The
party mailing the material s specified in this secti on may be
indicted and tried in any county wherein such material is deposited
or delivered, or in which it is received by the person to whom it is
addressed.
B. Any person who violates any provision of this section
involving obscene materi als, upon conviction, shall be guilty o f a
misdemeanor and shall be punish ed by imprisonment in the county jail
for not more than one (1) year, or by a fine of not less than Two
Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
C. Any person who violat es any provision of thi s section
involving child pornography sexual abuse material , upon conviction,
shall be guilty of a felony and shall be punished by impr isonment in
the custody of the Department of Corrections for not less than three
(3) years and not more than twenty (20) years, or by a fine of not
less than Ten Thousand Dollars ($10,000.00), or by both su ch fine
and imprisonment. Any person convicted of a second or subsequent
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violation shall, upon conviction, be punished by imprisonment in the
custody of the Department of Corrections for not less than ten (10)
years and not more than thirty (30) years, o r by a fine of not less
than Twenty Thousand Dollar s ($20,000.00), or by both such fine and
imprisonment. The violator, upon convict ion, shall be required to
register as a sex offender under the Sex Offende rs Registration Act.
SECTION 19. AMENDATORY 21 O.S. 2021, Section 1040.11, is
amended to read as follows:
Section 1040.11. Sections 1021 through 1040.77 1040.80 of this
title shall be known as th e “Oklahoma Law on Obscenity and Child
Pornography Sexual Abuse Material ” and may be referred to by that
designation.
SECTION 20. AMENDATORY 21 O.S. 2021, Section 1040.12a,
is amended to read as follows:
Section 1040.12a. A. Any person who, with knowledge of its
contents, possesses one hundred (100) or more separate materials
depicting child pornography sexual abuse material shall be, upon
conviction, guilty o f aggravated possession of child pornography
sexual abuse material . The violator shall be punished by
imprisonment in the custody of the Department of Corr ections for a
term not exceeding life imprisonment and by a fine in an amount not
more than Ten Thousand Dollars ($10,000. 00). The violator, upon
conviction, shall be required to register as a sex offender under
the Sex Offenders Registration Act.
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B. For purposes of this section:
1. Multiple copies of the same identical material shall each be
counted as a separate item;
2. The term “material” means the same definiti on provided by
Section 1040.75 of Title 21 of the Oklahoma Statutes this title and,
in addition, includes all digital and computerized images and
depictions; and
3. The term “child pornography sexual abuse material ” means the
same definition provided by Section 1040.80 of Title 21 of the
Oklahoma Statutes this title and, in addition, includes sexual
conduct, sexual excitement, sadomasochistic abuse, and performance
of material harmful to minors where a minor is present or depicted
as such terms are define d in Section 1040.75 of Title 21 of the
Oklahoma Statutes this title.
SECTION 21. AMENDATORY 21 O.S. 2021, Section 1040.13, is
amended to read as follows:
Section 1040.13. Every person who, with knowledge of it s
contents, sends, brings, or causes to be sent or brought into this
state for sale or commercial distribution, or in this state
prepares, sells, exhibits, commercially distribu tes, gives away,
offers to give away, o r has in his possession with intent to sell,
to commercially distr ibute, to exhibit, to give away, or to offer to
give away any obscene material or ch ild pornography sexual abuse
material or gives information stating when, where, how, or f rom
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whom, or by what means obscene material or child pornography sexual
abuse material can be purchased or obtained, upon conviction, is
guilty of a felony and shall be punished by imprisonment for not
more than ten (10) years in prison or by a fine of not more than Ten
Thousand Dollars ($10,000.00), or by both such imprisonment and
fine.
SECTION 22. AMENDATORY 21 O.S. 2021, Section 1040.14, is
amended to read as follows:
Section 1040.14. (a) A. Whenever the Attorney General of this
state or the district attorney for any district has reasonable cause
to believe that any person, with knowledge of its contents, is (1)
engaged in sending or ca using to be sent, bringing or causing to be
brought, into this state for sale or commerci al distribution, or is
(2) in this state preparing, selling, exhibiting or commercially
distributing or giving away, or offering to give away, or has in his
or her possession with intent to sell, or commerci ally distribute or
to exhibit or give away or offer to give away, any obscene material
or child pornography sexual abuse material , the Attorney General or
the district attorney for the county into which such mailable matter
is sent or caused to be sent, brought or caused to be brought, or in
which it is prepared, sold, exhibited or commercial ly distributed or
given away or offered to be gi ven away, or possessed, may institute
an action in the distri ct court for an adjudication of the obscenity
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or child pornographic content sexual abuse material of the mailable
matter.
(b) B. The procedure to be followed shall be that set forth in
this act Section 1040.11 et se q. of this title.
SECTION 23. AMENDATORY 21 O.S. 2021, Section 1040.15, is
amended to read as follows:
Section 1040.15. The action described in Section 1040.14 o f
this title shall be commenced by filing with t he court a petition:
(a) directed 1. Directed against the matter by name or
description;
(b)alleging 2. Alleging it is obscene material or child
pornography sexual abuse material;
(c) listing 3. Listing the names and addresses, if known, of
its author, publisher and any other person sendin g or causing it to
be sent, bringing or causing it to be brought into this state for
sale or commercial distribution and of any person in this state
preparing, selling, exhibiting or commercially di stributing it, or
giving away or offering to give it away, or posse ssing it with
intent to sell or commer cially distribute or exhibit or give away or
offer to give it away;
(d) seeking 4. Seeking an adjudication that it is either
obscene material or child pornography sexual abuse material, as
defined in Section 1024.1 of this title;
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(e) seeking 5. Seeking a permanent injunction against any
person sending or causing it to be s ent, bringing or causing it to
be brought, into this s tate for sale or commercial distributio n, or
in this state preparing, selling, exhibiting or commercially
distributing it, giving aw ay or offering to give it away, or
possessing it with intent to sell or commercially distribute or
exhibit or give away or offer to give it away; and
(f) seeking 6. Seeking its surrender, seizure and destruct ion.
SECTION 24. AMENDATORY 21 O.S. 202 1, Section 1040.16, is
amended to read as follows:
Section 1040.16. (a) A. Upon the filing of the petition
described in Section 1040.15 of this title, th e court shall
summarily examine the obscene material or child pornography sexual
abuse material.
(b) B. If the court finds no probable cause to believe it is
obscene material or child pornography sexual abuse material , the
court shall dismiss the petition .
(c) C. If the court finds probable cause to believe it is
obscene material or child pornography sexual abuse material , the
court shall immediately issue an order or rule to show cause why it
should not be adjudicated to be obscene material or child
pornography sexual abuse material.
(d) D. The order or rule to show cause shall be:
(1) directed 1. Directed against it by name or description;
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(2) if 2. If their names and addresses are known, served
personally in the manner provided in this act Section 1040.11 et
seq. of this title for the service of process or in any manner now
or hereafter provided by law, upon its author, publisher, and any
other person interested in sending or causing it to be sent,
bringing or causing it to be brought, into this state for sale or
commercial distribution, and on any person in this state preparing,
selling, exhibiting or commercially distributing it or giv ing away
or offering to give it away, or possessin g it with intent to sell or
commercially distribute or exhibit or give away or offer to give i t
away; and
(3) returnable 3. Returnable six (6) days after its service.
SECTION 25. AMENDATORY 21 O.S. 2021, Section 1040.17, is
amended to read as follow s:
Section 1040.17. (a) A. On or before the return date specified
in the order or rule to show cause, the author, publisher, or an y
person interested in sending or causi ng to be sent, bringi ng or
causing to be brought, into this state for s ale or commercial
distribution, or any person in this state pr eparing, selling,
exhibiting or commercially distributing, or giving away o r offering
to give away, or possessing with inte nt to sell or commercially
distribute or exhibit or give away or offer to give away, the matter
may appear and file an answer.
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(b) B. The court may, by order, permit any other person to
appear and file an answer as a micus curiae. A person granted
permission and appearing and filing an answer has all the rights of
a party to the proceeding.
(c) C. If no person appears and files an ans wer on or before
the return date specified in the order or rule to show cau se, the
court shall enter judgment either :
(1) adjudicating 1. Adjudicating the matter not to be obscene
material or child pornography sexual abuse material , if the court so
finds; or
(2) adjudicating 2. Adjudicating it to be obscene material or
child pornography sexual abuse material, if the court so finds.
(d) D. Every person appearing and answ ering shall be entitled,
upon request, to a trial of the issues before the court not less
than three (3) days af ter a joinder of issue.
SECTION 26. AMENDATORY 21 O.S. 2021, Section 1040.20, is
amended to read as follows:
Section 1040.20. In the event that a judgment is entered
adjudicating the matter to be obscene material or child pornography
sexual abuse material , the court shall further:
(a) order 1. Order the person or persons having possession of
it to surrender it to the sheriff for destruction and, in the event
that person refuses, order the sheriff in the county in which the
action was brought to seize and destroy it; and
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(b) enter 2. Enter a permanent injunction against any person
sending or causing it to be sent, bringing or causing it to be
brought, into this state for sale o r commercial distribution, a nd
against any person in this state preparin g, selling, exhibiting or
commercially distributing it, giving it away or offering to give it
away, or having it in his or her possession with intent to sell or
commercially distrib ute or exhibit or give it away or offer to give
it away.
SECTION 27. AMENDATORY 21 O.S. 202 1, Section 1040.21, is
amended to read as follows:
Section 1040.21. Any matter which, following the entry of a
judgment that it is obscene mat erial or child pornography sexual
abuse material, is sent or caused to b e sent, brought or caused to
be brought, into this state for sale or c ommercially distributed,
given away or offered to be given away, by any person with knowledge
of the judgment, or is in the possession of any such person with
intent to sell or commercially distribute or exhibit or give away or
offer to give away, is subject to the provisions of Section 1040.13
of this title.
SECTION 28. AMENDATORY 21 O.S. 202 1, Section 1040.22, is
amended to read as follows:
Section 1040.22. After the entry of a judgment that the matt er
is obscene material or child pornography sexual abuse material , any
person who, with knowledge of the judgment or of the order or rule
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to show cause, sends or causes to be sent, brings or ca uses to be
brought, into this state for sale or commercial distribu tion, the
matter, or who in this state sells, exhibits or commerciall y
distributes it, gives away or offers to give it away, or has it in
his or her possession with intent to sell or commercia lly distribute
or exhibit or give away or offer to give it a way, shall be guilty of
contempt of court and upon conviction after notice and hearing shall
be imprisoned in the county jail for not more than one (1) year or
fined not more than One Thousand Dollars ($1,000.00), or be so
imprisoned or fined.
SECTION 29. AMENDATORY 21 O.S. 2021, Section 1040.24, is
amended to read as follows:
Section 1040.24. The possession of two or mor e of any single
article that is obscene material or child pornography sexual abuse
material, or the possession o f a combined total of any five art icles
that are obscene material or child pornography sexual abuse material
(except the possession of them for the purp ose of return to the
person from whom received) shall create a presumption that they are
intended for sale or commercial distribu tion, exhibition or gift,
but such presumption shall be rebuttable. The burden of proof that
their possession is for the purpose of return to the person from
whom received shall be on the po ssessor.
SECTION 30. AMENDATORY 21 O.S. 2021, Sec tion 1040.54, is
amended to read as follows:
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Section 1040.54. A. Any peace officer of this state is
authorized to seize any equipment wh ich is used, or intended for use
in the preparing, pho tographing, printing, selling, exh ibiting,
publishing, distributing, displaying , advertising, filming, copying,
recording, or mailing of obscene material, as de fined in paragraph 1
of subsection B of Se ction 1024.1 of this title or child pornography
sexual abuse material , as defined in subsection A of Section 1024.1
of this title. Said Such equipment may be held as evidence until a
forfeiture has been declared or a release ordered. Forfeiture
actions under this section may be brought by the district attorney
in the proper county of venue as petitioner; provided, i n the event
the district attorney elects not to file such an action, or fails to
file such action within ninety (90) days of the date of the s eizure
of such equipment, a forfeiture action may be brought by the entity
seizing such equipment as petitioner.
B. Notice of seizure and intended forfeiture proceeding shall
be given to all owners and parties in interest by the party seeking
forfeiture as follows:
1. Upon each owner or party in interest whose name and address
is known, by mailing a copy of the notice by registered mail to th e
last-known address; and
2. Upon all other owners or parties in interest, whose
addresses are unknown, by one pub lication in a newspaper of general
circulation in the county where the seizure was m ade.
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C. Within sixty (60 ) days after the mailing or publ ication of
the notice, the owner of the equipm ent and any other party in
interest may file a verified answer and cl aim to the equipment
described in the notice of seizure and of the intended forfeitu re
proceeding.
D. If at the end of sixty (60) days after the notice has been
mailed or published there is no verified answer on file, the court
shall hear evidence upon th e fact of the unlawful use and may order
the equipment forfeited to the state, if su ch fact is proven.
E. If a verified answer is filed, the forfeiture proceeding
shall be set for hearin g.
F. At the hearing the party seeking the forfeiture shall prove
by clear and convincing evidence that the equipment was used in the
preparing, photographing, printing, selling, exhibi ting, publishing,
distributing, displaying, advertising, filming, copying, recording,
or mailing of obscene material, as defined in paragra ph 1 of
subsection B of Section 1024.1 of this title or child pornography
sexual abuse material, as defined in paragraph 1 of subsection A of
Section 1024.1 of this title, with knowledge by the owner of the
equipment.
G. The owner or party in interest may prove that the right or
interest in the equipment was created without any knowledge or
reason to believe that the equipment was being, or wa s to be, used
for the purpose charged.
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H. In the event of such proof, the court may order the
equipment released t o the bona fide or innocent owner or party in
interest if the amount due the person is equal to, or in excess of,
the value of the equipment as of the date of the seizure.
I. If the amount due to such person is less than the value of
the equipment, or if no bona fide claim is established, the
equipment shall be forfeited to the state and sha ll be sold pursuant
to the judgment of the court.
J. Equipment taken or detained pursuant to this section shall
not be repleviable, b ut shall be deemed to be in the cu stody of the
office of the district attorney of the county where the equipment
was seized or in the custody of the party seeking the forfeiture.
The district attorney or the party seeking the equipment may release
said the equipment to the owner of the eq uipment if it is determin ed
that the owner had no knowledge of the illegal use of the eq uipment
or if there is insufficient evidence to sustain t he burden of
showing illegal use of the equipment. Equipment which has not been
released by the district attor ney or the party sei zing the equipment
shall be subject to the orders and decrees of the court or the
official having jurisdiction thereof.
K. The district attorney or the party seizing such e quipment
shall not be held civi lly liable for having custody of the seized
equipment or proceeding with a forfeiture action as provided for in
this section.
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L. The proceeds of the sale of any equipment not t aken or
detained by the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Department of Publi c Safety, the Oklaho ma State
Bureau of Investigation, the Alcoholic Beverage Laws En forcement
Commission, the Department of Corrections or the Of fice of the
Attorney General shall be distribute d as follows, in the order
indicated:
1. To the bona fide or i nnocent purchaser or cond itional sales
vendor of the equipment, if any, up to the amount of the person’s
interest in the equipment, when the cour t declaring the forfeiture
orders a distribution to such person;
2. To the payment of the actual expenses of p reserving the
equipment; and
3. The balance to a revolving fund in the office of th e county
treasurer of the county where the equipment was seiz ed, said such
fund to be used and maintained as a revolving fund for any purpose
by the department that made th e seizure with a yearly accoun ting to
the board of county commissioners in whose county the fund is
established. Monies from said such fund may be used to pay costs
for the storage of such equipment if such equipment is ordered
released to a bona fide or innocent owner, purchaser, or conditional
sales vendor and if such monies are availa ble in said the fund.
M. The proceeds of the sale of any equipment seized, taken or
detained by the Oklahoma State Bureau of Narcotics and Dangerous
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Drugs Control, the Dep artment of Public Safety, the Oklahoma State
Bureau of Investigation, the Alcoholic Beve rage Laws Enforcement
Commission, the Department of Corrections or the Office of the
Attorney General shall be distributed as follows, in th e order
indicated:
1. To the bona fide or innocent purchaser or conditional sales
vendor of the equipment, if a ny, up to the amount of the person’s
interest in the equipment, when the co urt declaring the forfeiture
orders a distribution to such person;
2. To the payment of the actu al expenses of preserving the
equipment; and
3. The balance to a revolving fund of the agency seizing said
such equipment to be used and maintained as a revolving fund for law
enforcement purposes by the agency seizing said the equipment.
Monies from said such fund may be used to pay costs for the storage
of such equipment if such equip ment is ordered released to a bona
fide or innocent owner, purchaser, or conditional sale s vendor.
N. When any equipment is forfeited pursuant to this section,
the district court of jurisdiction may order that the equipment
seized may be retained by the state , county, or municipal law
enforcement agency whic h seized the equipment for its offi cial use.
O. If the court finds that the equipment was not used in the
preparing, photographing, printing, selling, exhibiting , publishing,
distributing, displaying, advertising, filming, copying, rec ording,
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or mailing of obscene material, as defined in p aragraph 1 of
subsection B of Section 1024.1 of this title or child pornography
sexual abuse material as defined in paragraph 1 of subsection A of
Section 1024.1 of this t itle, the court shall order the equipment
released to the owner.
P. No equipment shall be forfeited pursuant to the provisions
of this section by reason of any act o r omission established by the
owner thereof to have been committed or omitted without the
knowledge or consent of such o wner, or by any person other than such
owner while such equipment was unlawfully in the possession of a
person other than the owner in vio lation of the criminal laws of the
United States or of any state.
SECTION 31. AMENDATORY 21 O.S. 2021, Section 1040.56, is
amended to read as foll ows:
Section 1040.56. A. Any person who, while under th e age of
eighteen (18), was a victim of an offense provided for in Secti on
681, 741, 843.5, 852.1, 867, 885, 886 , 888, 891, 1021, 1021.2,
1021.3, 1024.2, 1040.8, 1040.12a, 1040.13, 1040.13a, 1087, 1088,
1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes, where
such offense resulted in a conviction and any portion of such
offense was used in the production of chil d pornography sexual abuse
material, and who suffers personal or psychological injury as a
result of the production, promotion, or possessio n of such child
pornography sexual abuse material , may bring a civil act ion against
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the producer, promoter, or i ntentional possessor of such child
pornography sexual abuse material , regardless of whether the victim
is now an adult.
B. In any civil action brought under this section, the
prevailing plaintiff shall recover the actu al, special and punitive
damages such person sustained and the cost of the suit, including
reasonable attorney fees.
C. Notwithstanding any other provision of law, any civil action
commenced pursuant to this section shall be filed within three (3)
years after the later of :
1. The conclusion of the related criminal case;
2. The notification to the victim by a law enforcement agency
of the creation, possession, distribution or promotion of child
pornography sexual abuse material; or
3. In the case of a vi ctim younger than eighteen (18) years of
age, within three (3) years after the person reaches the age of
eighteen (18).
D. It is not a defense to a civi l cause of action under this
section that the resp ondent did not know the victim or commit the
abuse depicted in the child pornography sexual abuse material.
E. As used in this section, “child pornography sexual abuse
material” shall have the same meaning as such term is defined in
Section 1024.1 of Title 21 of the Oklahoma Statutes this title.
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F. The provisions of this section shall not apply t o any acts
performed in the scope and course of employment by any:
1. Law enforcement officer;
2. Forensic examiner;
3. Prosecuting attorney; or
4. Employee of a ch ild advocacy organization.
SECTION 32. AMENDATORY 21 O.S. 2021, Section 1040.80, is
amended to read as follows:
Section 1040.80. A. As used in this section, the term:
1. “Interactive computer service provider” means any provider
to the public of computer access via the Internet to a computer
server or similar device used for the storage of graphic, video or
images;
2. “Internet” means the international computer network of both
federal and nonfederal i nteroperable packet-switched data networks;
3. “Controlled or owned by ” with respect to a server or ot her
storage device means a server or other such device that is entirely
owned by the interactive computer service provi der or is subject to
exclusive management by the interactive computer service provider by
agreement or otherwise; and
4. “Child pornography sexual abuse material” means explicit
child pornography sexual abuse material as defined in Section 1024.1
of Title 21 of the Oklahoma Statutes this title.
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B. The Attorney Gene ral or a law enforcement officer who
receives information that an item of alleged ch ild pornography
sexual abuse material resides on a server or other storage device
controlled or owned by an interactive c omputer service provide r
shall:
1. Contact the interactive computer service provider that
controls or owns the se rver or other storage dev ice where the item
of alleged child pornography sexual abuse material is located;
2. Inform the interactive computer service provider of th e
provisions of this section ; and
3. Request that the interactive compu ter service provider
voluntarily comply with this section and remove the i tem of alleged
child pornography sexual abuse material from its server or other
storage device expeditiously.
C. 1. If an interactive co mputer service provider does not
voluntarily remove the item of alleged child pornography sexual
abuse material in a timely manner, the Attorney General or law
enforcement officer shall apply for a court order of authorization
to remove the item of alleged child pornography sexual abuse
material under this section. The obligation to remo ve the item of
alleged child pornography sexual abuse material shall not apply to
the transmitting or routing of, or the intermediate, temporary
storage or caching of an image, information or data that is
otherwise subject to this section.
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2. The application for a court order shall include:
a. the authority of the applicant to make such an
application,
b. the identity and qualifications of the in vestigative
or law enforcement officer or agency that, in the
official scope of that officer ’s duties or agency’s
authority, discovered the images, information, or
data,
c. a particular statement of the facts r elied upon by the
applicant, including:
(1) the identity of the interactive computer service
provider,
(2) identification of the item of alleged child
pornography sexual abuse material discovered on
the server or other storage device controlled or
owned by an interactive computer servic e
provider,
(3) the particular images, info rmation, or data to be
removed or to which a ccess is to be disabled
identified by uniform resource locator (URL) or
Internet protocol (IP) ad dress, a statement
certifying that such content resides on a ser ver
or storage device controlled or owned by such
interactive computer service provider, and
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(4) the steps taken to obtain voluntary compli ance by
such interactive computer service provi der with
the requirements of this act Section 1040.75 et
seq. of this title prior to filing the
application,
d. such additional testimony and documentary evidence in
support of the application as the judge may require,
and
e. a showing that there is probable cause to bel ieve that
the item of child pornography items sexual abuse
material constitutes a violation of this s ection.
D. The Attorney Gener al shall notify the interactive computer
service provider which is identified in the court ’s order in
accordance with the provisions of this section. The A ttorney
General shall notify an inte ractive computer service provider upon
the issuance of an order authorizing the removal of the items
alleged item of alleged child pornography sexual abuse material .
1. The notice by the Attorney General shall include:
a. a copy of the application made pursuant to subsection
C of this section,
b. a copy of the court order issued pursuant to
subsection K of this section,
c. notification that the interactive computer serv ice
provider shall remove the item of alleged chil d
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pornography sexual abuse material contained in the
order which resides on a server or other storage
device controlled or owned by such inter active
computer service provider and which are accessible to
persons located within this state expeditiously after
receipt of the notification,
d. notification of the criminal penalties for f ailure to
remove the item of child pornography sexual abuse
material,
e. notification of the right to appeal the court ’s order,
and
f. contact information for the Attorney General ’s Office
office.
2. An interactive com puter service provider may designate an
agent within the state to receive notification pursuant to thi s
section.
E. The interactive computer service provider has the right to
request a hearing befo re the court imposes any penalty under this
section.
F. Nothing in this section may be constru ed as imposing a duty
on an interactive computer service provider to actively monit or its
service or affirmatively seek evidence of illega l activity on its
service.
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G. Notwithstanding any other provision of law to the contrary,
any interactive computer service provider that intentionally
violates subsection L of this s ection commits:
1. A misdemeanor for a first offense punishable by a fin e of
One Thousand Dollars ($1,000.00);
2. A misdemeanor of a high and aggravated nature for a s econd
offense punishable by a fine of Five Tho usand Dollars ($5,000.00);
and
3. A felony for a third or subsequent offense punishable by a
fine of Thirty Thous and Dollars ($30,000.00) and imprisonment for a
maximum of five (5) years.
H. The Attorney General shall have concurrent prosecutorial
jurisdiction with a district attorney for viola tion of this section.
I. The removal of the alleged item of child pornography sexual
abuse material which resides on a server or other stor age device,
shall not, to the extent possible, inte rfere with any request o f a
law enforcement agency to preserve records or other evi dence, which
may be kept by the interactive computer service provider in the
normal course of business.
J. Upon consideration of an application for authorization to
remove the item of alleged child pornography sexual abuse material
that resides on a server or other storage device controlled or owned
by an interactive computer servi ce provider as set fo rth in
subsection C of this section, the judge may e nter an ex parte order ,
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as requested or as mod ified, authorizing the removal of the item of
alleged child pornography sexual abuse material , if the court
determines on the basis of the facts submitted by the applicant that
there is or was probable ca use for belief that:
1. The item of alleged child pornography sexual abuse material
constitutes evidence of an act in violation of this section;
2. The investigative or law enforcement of ficer or agency acted
within the official sc ope of that officer’s duties or agency’s
authority, in discovering the imag es, information, or data and has
complied with the requirem ents of subsection I and subsection K of
this section;
3. An item of alleged child pornography sexual abuse material
resides on the server or ot her storage device controlled or owned by
the interactive computer service provider and is ac cessible to
persons located in the state; and
4. In the case of an applic ation, other than a re newal or
extension, for an order removing th e item of alleged child
pornography sexual abuse material which was the subject of a
previous order authorizing the removal or disabli ng of access, the
application is based upon new evidence or information different from
and in addition to the ev idence or information offered to support
the prior order.
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K. Each order authorizing the removal or disabling of access to
an alleged item of child pornography sexual abuse material shall
contain:
1. The name of the judge authorized to issue the order;
2. A particular description of the image s, information, or data
to be removed or acces s to such disabled, identified by a URL or IP
address, and a statement of the particular violation of the section
to which the images, information, or data relate;
3. The identity of the investigative or law enforcement officer
or agency who discovered the images, in formation, or data and the
identity of whoever authorized the application; and
4. Such additional info rmation or instruction as the court
deems necessary to execute the order.
L. The court shall r eview the application and testimony, if
offered, and, upon a finding of probable cause, issue an order th at:
1. An item of child pornography sexual abuse material resides
on a server or other storage device controlle d by the interactive
computer service provider and is accessible to persons located in
the state;
2. The interactive c omputer service provider shall remove the
item residing on a server or other stor age device controlled or
owned by the interactive computer service provider expeditiously
after receiving the order, if practical;
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3. The order shall specify that removal of any item covered by
the order shall be accomplished in a fashion that prevents or
minimizes the removal of, or restriction of access to, images,
information, or data that are is not subject to the order;
4. Failure of the interactive computer service provide r to
comply with the court’s order is a violation of this section;
5. The removal of the item on the s erver or other storage
device controlled or owned by the interactive comp uter service
provider may not unreasonably int erfere with a request by a law
enforcement agency to preser ve records for a reasonable period and
in accordance with law; and
6. Provides the interactive computer service provider notice
and opportunity for a hearing before the court imposes any penalty
under this subsection.
M. An interactive computer service provider who is served with
a court order under subsec tion L of this section sh all remove the
item of child pornography sexual abuse material that is the subject
of the order expeditiously after rec eiving the court order, if
practicable.
N. 1. An interactive service provider may petition the court
for relief for cause from an order issued under subsection L of this
section.
2. The petition may be based on considerations of:
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a. the cost or technical feasibility of compliance with
the order, or
b. the inability of the interactive computer service
provider to comply with the order wit hout also
removing data, images or informati on that are is not
subject to this section.
SECTION 33. AMENDATORY 21 O.S. 2021, Section 1123, as
amended by Section 4, Chapter 260, O.S.L. 2022 (21 O.S. Supp. 2023,
Section 1123), is amended to read as follows:
Section 1123. A. It is a felony for any person to knowingly
and intentionally:
1. Make any oral, written or electronically or computer-
generated lewd or indecent proposal to any child under sixteen (16)
years of age, or other indiv idual the person beli eves to be a child
under sixteen (16) years of age, for the child to have unlawful
sexual relations or sexual intercourse with any person;
2. Look upon, touch, maul, or feel the body or private parts of
any child under sixteen (16) years of age in any lewd or lascivious
manner by any acts against public decency and morality, as defined
by law;
3. Ask, invite, entice, or persuade any child under sixteen
(16) years of age, or other individual the person belie ves to be a
child under sixteen (16) years of age, to go alone with any person
to a secluded, remote, or secret place , with the unlawful and
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willful intent and purpose then and there t o commit any crime
against public decency and morality, as defined by law, with the
child;
4. In any manner lewdly or lasciviously look upon, touch, maul,
or feel the body or privat e parts of any child under sixteen (16)
years of age in any indecent ma nner or in any manner relating to
sexual matters or sexual interest; or
5. In a lewd and lascivious ma nner and for the purpose of
sexual gratification:
a. urinate or defecate upon a child und er sixteen (16)
years of age, or force or require a child to def ecate
or urinate upon the body or private parts of another,
or for the purpose of sexual grati fication,
b. ejaculate upon or in the presence of a child,
c. cause, expose, force or requi re a child to look upon
the body or private parts of another person,
d. force or require any child under sixteen (16) years of
age or other individual the person believes to be a
child under sixteen (16) years of age, to view any
obscene materials, child pornography sexual abuse
material or materials deemed harmful to minors as such
terms are defined by Sections 1024.1 and 1040.75 of
this title,
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e. cause, expose, force or require a child to look upon
sexual acts performed in the presence of the child, or
f. force or require a child to touch or feel the body or
private parts of the child or another person.
Any person convicted of any violation of this subsection shall
be punished by imprisonment in the custody o f the Department of
Corrections for not less than three (3) years nor more tha n twenty
(20) years, except when the child is under twelve (12) years of age
at the time the offense is committed, and in such case the person
shall, upon conviction, be punished by imprisonment in the custody
of the Department of Corrections for not less than twenty-five (25)
years. The provisions of this subsection shall not apply unless the
accused is at least three (3) years older than the vi ctim, except
when accomplished by the use of force or fear. Except as provided
in Section 51.1a of this title, any person convicted of a second or
subsequent violation of thi s subsection shall be guilty of a felony
punishable as provided in this subsection and shall not be eligible
for probation, or a suspended or deferred sentence. Except as
provided in Section 51.1a of this title, any person convicted of a
third or subsequent violation of this subsection shall be guilty of
a felony punishable by imprisonment in the custody of the Department
of Corrections for a term of life or life without parole, in the
discretion of the jury, or in case the jury fails or refuses to fix
punishment then the same shall be pronounced by the court. Any
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person convicted of a violation of this subsection after ha ving been
twice convicted of a violation of subsection A of Section 1114 of
this title, Section 888 of this title, sexual abuse of a child
pursuant to Section 843.5 of this title, or of any attempt to commit
any of these offenses or any combination of conv ictions pursuant to
these sections shall be punished by imprisonment in the cu stody of
the Department of Corrections for a term of life or li fe without
parole.
B. No person shall commit sexual battery on any othe r person.
“Sexual battery” shall mean the intentional touching, mauling or
feeling of the body or private parts of any person sixteen (16)
years of age or older, in a lewd and lascivious manner:
1. Without the consent of that person;
2. When committed by a state , county, municipal or political
subdivision employee or a contractor or an employee of a contractor
of the state, a county, a municipali ty or political subdivision of
this state upon a person who is under the legal custody, supervision
or authority of a state agency, a cou nty, a municipality or a
political subdivision of this state, or the subcontractor or
employee of a subcontractor of th e contractor of the state or
federal government, a county, a municipality or a political
subdivision of this state;
3. When committed upon a person who is at least sixteen (16)
years of age and is less than twenty (20) years of age and is a
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student, or in the legal custody or supervision of a ny public or
private elementary or secondary school, or technology center s chool,
by a person who is eighteen (18) years of age or older and is an
employee of a school system;
4. When committed upon a person who is ninete en (19) years of
age or younger and is in the legal custody of a state agency,
federal agency or a tribal court, by a foster parent or foster
parent applicant; or
5. When the victim is a student at a secondary school, is
concurrently enrolled at an institution of higher education, and
engages in acts pursuant to this subsection with a perpetrator who
is an employee of the institution of higher education of which the
student is enrolled.
As used in this subsection, “employee of an institution of
higher education” means faculty, adjunct faculty, instructors,
volunteers, or an employee of a business contracting w ith an
institution of higher education who may exercise, at any time,
institutional authority over the victim. Employee of an institution
of higher education shall not include an enrol led student who is not
more than three (3) years of age or older than the concurrently
enrolled student and who is employed or volunteering, in any
capacity, for the institution of higher education.
As used in this subsection, “employee of a school system” means
a teacher, principal or other duly appointed person employed by a
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school system or an employee of a firm contracting with a school
system.
C. No person shall in any manner lewdly or lasciviously:
1. Look upon, touch, maul, or feel the body or priv ate parts of
any human corpse in any indecent manner relating to sexual matters
or sexual interest; or
2. Urinate, defecate or ejaculate upon any human corpse.
D. Any person convicted of a violation of subsection B or C of
this section shall be deemed guilty of a felony and shall be
punished by imprisonment in the custody of the Department of
Corrections for not more than ten (10) years.
E. The fact that an underc over operative or law enforcement
officer was involved in the detection and investigation of an
offense pursuant to this section shall not constitute a defense to a
prosecution under this s ection.
F. Except for persons sentenced to life or life without parole,
any person sentenced to imprisonme nt for two (2) years or more for a
violation of this section shall be required to serve a term of post-
imprisonment supervision pursuant to subparagraph f of paragraph 1
of subsection A of Secti on 991a of Title 22 of the Oklahoma Statutes
under conditions determined by the Department of Corrections . The
jury shall be advised that the mandatory post-imprisonment
supervision shall be in addition to the actual imprisonment.
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SECTION 34. AMENDATORY 22 O.S. 2021, Section 40, is
amended to read as follows:
Section 40. As used in Sections 40 through 40.3 40.3a of this
title:
1. “Assault and battery with a deadly weapon ” means assault and
battery with a deadly weapon or other means likely to pr oduce death
or great bodily harm as provided in Section 652 o f Title 21 of the
Oklahoma Statutes;
2. “Forcible sodomy” means the act of forcing another person to
engage in the detestable and abom inable crime against nature
pursuant to Sections 886 and 887 of Title 21 of the Oklahoma
Statutes that is punishable under Section 888 of Title 21 of the
Oklahoma Statutes;
3. “Kidnapping” means kidnapping or kidnapping for purposes of
extortion as provided in Sections 741 and 745 of Title 21 of the
Oklahoma Statutes;
4. “Member of the immediate family ” means the spouse, a child
by birth or adoption, a stepchild, a parent by birth or adoption, a
stepparent, a grandparent, a grandchild, a sibling or a step sibling
of a victim of first-degree murder;
5. “Rape” means an act of sexual intercourse accomplished wi th
a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of
the Oklahoma Statutes; and
6. “Sex offense” means the following crim es:
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a. sexual assault as provided in Section 681 of Title 21
of the Oklahoma Statutes,
b. human trafficking for commercial sex as pro vided in
Section 748 of Title 21 of the Oklahoma Statutes,
c. sexual abuse or sexual exploitation by a caretaker as
provided in Section 843.1 of Title 21 of the Oklahoma
Statutes,
d. child sexual abuse or child sexual exploitation as
provided in Section 843.5 of Title 21 of the Oklahoma
Statutes,
e. permitting sexual abuse of a child as provided in
Section 852.1 of Title 21 of the Oklahoma Statutes,
f. incest as provided in Section 885 of Title 21 of the
Oklahoma Statutes,
g. forcible sodomy as provided in Section 888 of Title 21
of the Oklahoma Statutes,
h. child stealing for purposes of sexual abuse or sexual
exploitation as provided in Section 891 of Title 21 of
the Oklahoma Statutes,
i. indecent exposure or solicitation of minors as
provided in Section 1021 of Title 21 of the Oklahoma
Statutes,
j. procuring, producing, distributing or possessing child
pornography sexual abuse material as provided in
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Sections 1021.2 and 1024.2 of Title 21 of the Oklahoma
Statutes,
k. parental consent to child pornography sexual abuse
material as provided in Section 1021.3 of Title 21 of
the Oklahoma Statutes,
l. aggravated possession of child pornography sexual
abuse material as provided in Section 1040.12a of
Title 21 of the Oklahoma Statutes,
m. distributing obscene material or child pornography
sexual abuse material as provided in Section 1040.13
of Title 21 of the Oklahoma Statutes,
n. offering or soliciting sexual conduct with a child as
provided in Section 10 40.13a of Title 21 of the
Oklahoma Statutes,
o. procuring a child for prostitution or othe r lewd acts
as provided in Section 1087 of Title 21 of the
Oklahoma Statutes,
p. inducing a child to engag e in prostitution as provided
in Section 1088 of Title 21 of the Oklahoma Statutes,
and
q. lewd or indecent proposals or acts to a child or
sexual battery as provided in Section 11 23 of Title 21
of the Oklahoma Statutes.
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SECTION 35. AMENDATORY 22 O.S. 2021, Section 991h, is
amended to read as fol lows:
Section 991h. In addition to the other sentencing power s of the
court, when sentencing a person who has been convicted, whether upon
a verdict or plea of guilty or nolo contendere, or who has received
a suspended sentence or any probationary term f or a crime or an
attempt to commit a crime provided for in:
1. Section 843.5 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation, as those terms
are defined in Section 1 -1-105 of Title 10A of the Oklahoma
Statutes;
2. Section 681 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual assault;
3. Section 741 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation;
4. Section 748 of Title 21 of the Oklaho ma Statutes, if the
offense involved human trafficking for c ommercial sex;
5. Section 843.1 of Title 21 of the Okl ahoma Statutes, if the
offense involved sexual abuse or sexual e xploitation;
6. Section 852.1 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse of a child;
7. Section 866, 885, 886, 888 or 891 of Title 21 of the
Oklahoma Statutes, if the offense involved sexual abuse or sexual
exploitation;
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8. Section 1021, 1021.2, 1021.3, 1024.2 or 1029 of Title 21 of
the Oklahoma Statutes, if the offense involved child prostitution;
9. Section 1040.8 of Title 21 of the Oklahoma Statutes, if th e
offense involved child pornography sexual abuse material ; or
10. Section 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1,
1114 or 1123 of Title 21 of the Oklahoma Statutes,
the court shall issue an ord er that the defendant shall ha ve no
contact directly or indirectly with the victim or the family of the
victim during the full t erm of the confinement of the d efendant,
term of probation, perio d of deferment or term of confinement and
probation of the defendant.
SECTION 36. AMENDATORY 22 O.S. 2021, Section 996.1, is
amended to read as follows:
Section 996.1. As used in the Delayed Sentencing Program for
Young Adults:
“Offender” means any adult eighteen (18) through tw enty-five
(25) years of age as of the date of a verdict of guilty or a plea of
guilty or nolo contendere for a nonviolent felony offense or a
juvenile who has been certified to stand trial as an adult for a
nonviolent felony offense, who has no charges pending for a violent
offense and who has not been sentenced, or adju dicated as a juvenile
delinquent or youthful offender , of:
1. Assault, battery, or assault and battery with a dangerous or
deadly weapon as defined by Sections Section 645 and subsection C of
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Section 652 of Title 21 of the Oklahoma Statutes, or Section 2 -219
of Title 43A of the Oklahoma Statutes;
2. Aggravated assault and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as def ined by
Sections Section 650, subsection C of Section 650.2, Section 650.5,
subsection B of Section 650.6, or subsection C of Section 650.7 of
Title 21 of the Oklahoma Statutes;
3. Poisoning with int ent to kill as defined by Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by Section 652 of
Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Section 653 of
Title 21 of the Oklahoma Statut es;
6. Using a vehicle to facilitate the intentional discharge of
any kind of firearm in violation of Section 652 of Title 21 of the
Oklahoma Statutes;
7. Discharging any firearm or other deadly weapon at or into
any dwelling as defined in Secti on 1289.17A of Title 21 of the
Oklahoma Statutes;
8. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
9. Assaults while masked or disguised as defined by Section
1303 of Title 21 of the Oklahoma Statutes;
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10. Murder in the first deg ree as defined by Section 701.7 of
Title 21 of the Oklahoma Sta tutes;
11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first degree as defined by Sections
Section 711, or 712 or 714 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by Sections
Section 716 or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as defined by Section 1431 of
Title 21 of the Oklahoma Sta tutes;
16. Kidnapping for extortion as defined by Section 745 of Title
21 of the Oklahoma Statutes;
17. Maiming as defined by Section 751 of Title 21 of the
Oklahoma Statutes;
18. Robbery as defined by Section 791 of Title 21 of the
Oklahoma Statutes;
19. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
20. Robbery in the second degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
21. Armed robbery as defined by Section 801 of Title 21 of th e
Oklahoma Statutes;
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22. Robbery by two (2) or more persons as defined by Section
800 of Title 21 of the Oklahoma Statutes;
23. Robbery with dangerous weapon or imita tion firearm as
defined by Section 801 of Title 21 of the Oklahoma Statutes;
24. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes;
25. Wiring equipment, or equipping vehicle or structure with
explosives as defined by Section 849 of Title 21 of the Oklahoma
Statutes;
26. Forcible sodomy as defined by Sectio n 888 of Title 21 of
the Oklahoma Statutes;
27. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
28. Rape by instrumen tation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
29. Lewd or indecent proposition or lewd or inde cent act with a
child as defined by Section 1123 of Title 21 of the Oklahoma
Statutes;
30. Use of a firearm or offensive weapon to co mmit or attempt
to commit a felony as defined by Section 1287 of Title 21 of the
Oklahoma Statutes;
31. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
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32. Rioting as defined by Sections Section 1311 or 1321.8 of
Title 21 of the Oklahoma Statutes;
33. Inciting to riot as defined by Section 13 20.2 of Title 21
of the Oklahoma Statutes;
34. Arson in the first degree as defined by Section 1401 of
Title 21 of the Oklahoma Statutes;
35. Endangering human life during arso n as defined by Section
1405 of Title 21 of the Oklahoma Statutes;
36. Procure, produce, distribute, or possess juvenile
pornography child sexual abuse material as defined by Section 1021.2
of Title 21 of the Oklahoma Statutes;
37. Parental consent to juvenile pornography child sexual abuse
material as defined by Section 1021.3 of Title 21 of the Oklahoma
Statutes;
38. Distributing obscene mate rial or child pornography sexual
abuse material as defined by Section 1040.13 of Title 21 of the
Oklahoma Statutes;
39. Unlawful manufacturing, attempting to unlawfully
manufacture or aggravated manufacturing of any controlled dangerous
substance as defined by subsection G of Section 2-401 and paragraph
3 of subsection G of Section 2 -401 of Title 63 of the Oklahoma
Statutes; or
40. Any violation of the Trafficking in Illegal Drugs Act as
defined by Section 2-415 of Title 63 of the Oklahoma Statutes.
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SECTION 37. AMENDATORY 43 O.S. 202 1, Section 112.5, is
amended to read as follows:
Section 112.5. A. Custody or guardianship of a child may be
awarded to:
1. A parent or to both parents jointly;
2. A grandparent;
3. A person who was indicated by th e wishes of a deceased
parent;
4. A relative of either parent;
5. The person in whose home the child has been living in a
wholesome and stable environment including but no t limited to a
foster parent; or
6. Any other person deemed by the court to be suitable and able
to provide adequate an d proper care and guidance for the child.
B. In applying subsection A of this section, a court shall
award custody or guar dianship of a child to a parent, unless a
nonparent proves by clear and convincing evidence that :
1. For a period of at least twelve (12) months out of the last
fourteen (14) months immediately preceding the commencement of the
custody or guardianship proceeding, the parent has willfully failed,
refused, or neglected to contribute to the support of the child:
a. in substantial complian ce with a support provision or
an order entered by a court of competent jurisdiction
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adjudicating the duty, amount, and man ner of support,
or
b. according to the financial ability of the parent to
contribute to the supp ort of the child if no provision
for support is entered by a court of comp etent
jurisdiction, or an order of modification subsequent
thereto.
For purposes of this paragraph, incidental or token financial
contributions shall not be considered in establishing whether a
parent has satisfied his or her obligation under subparagraphs a and
b of this paragraph; or
2. a. the child has been left in the physical custody o f a
nonparent by a parent or parents of the child for one
(1) year or more, excluding parents on active duty in
the military, and
b. the parent or parents have not mainta ined regular
visitation or communication with the child.
For purposes of this paragraph, incidental or token visits or
communications shall not be considered in determining whether a
parent or parents have regularly mai ntained visitation or
communication.
C. In applying subse ction A of this section, a court shall
award custody or guardians hip of a child to a parent, unless the
court finds that the parent is affirmatively unfit. Ther e shall be
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a rebuttable presumption that a parent is affirmatively unfit i f the
parent:
1. Is or has been subject to the registration requirements of
the Oklahoma Sex Offenders Registration Act or any similar ac t in
any other state, except as provided in subsection D of this section;
2. Has been convicted of a crime listed in Section 582 of Title
57 of the Oklahoma Statutes;
3. Is an alcohol-dependent person or a drug-dependent person as
established by clear and convi ncing evidence and who can be expecte d
in the near future to inflict or attempt to inflict serious bodily
harm to himself or herself or another person as a result of such
dependency;
4. Has been convicted of domestic abuse within the past five
(5) years;
5. Is residing with a person who is or has been subject to the
registration requirements of the Oklahoma Sex Offenders Registration
Act or any similar act in any other state;
6. Is residing with a person who has been convicted of a crime
listed in Section 843.5 of Title 21 or in Section 582 of Title 57 of
the Oklahoma Statutes; or
7. Is residing with a person who has been convicted of domestic
abuse within the past five (5) years.
D. In applying subsection A of this section, a court shall not
award custody or guardianship of a child to any person who has been
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convicted, whether upon a verdict or plea of gu ilty or upon a plea
of nolo contendere, or received a suspended sentence or any
probationary term, or is currently serving a sentence or any form of
probation or parole in a court in any s tate of any of the following
crimes:
1. Sexual abuse or sexual exploitation of a child, as defined
in Section 843.5 of Title 21 of the Oklahoma Statutes;
2. Child endangerment, if the o ffense involved sexual abuse of
a child, as provided in Section 852.1 of Tit le 21 of the Oklahoma
Statutes;
3. Kidnapping, if the offense involved sexual abuse or sexual
exploitation of a child, as provided in Section 741 of Title 21 of
the Oklahoma Statutes;
4. Incest, as provided in Section 885 of Title 21 of the
Oklahoma Statutes;
5. Forcible sodomy of a child, as provided in Section 888 of
Title 21 of the Okla homa Statutes;
6. Child stealing, if the offense involved sexual abuse or
sexual exploitation, as provided in Section 891 of Title 21 of the
Oklahoma Statutes;
7. Procuring minors for participation in chi ld pornography
sexual abuse material , as provided in Section 1021.2 of Tit le 21 of
the Oklahoma Statutes;
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8. Consent to partic ipation of minors in child pornography
sexual abuse material, as provided in Section 1021.3 of Tit le 21 of
the Oklahoma Statutes;
9. Facilitating, encouraging, offer ing or soliciting sexual
conduct with a minor by use of technology, as provided in Section
1040.13a of Title 21 of the Oklahoma Stat utes;
10. Distributing chil d pornography sexual abuse material , as
provided in Section 1040.13 of Tit le 21 of the Oklahoma Statutes;
11. Possession, purchase or procurement of child pornography
sexual abuse material , as provided in Section 1024.2 of Tit le 21 of
the Oklahoma Statutes;
12. Aggravated posse ssion of child pornography sexual abuse
material, as provided in Section 1040.12a of Title 21 of the
Oklahoma Statutes;
13. Procuring a child under eighteen (18) years of age for
prostitution, as provided in Section 1087 of Title 21 of the
Oklahoma Statutes;
14. Inducing, keeping, detainin g or restraining a child under
eighteen (18) years of age for prostitution, as provided in Section
1088 of Title 21 of the Oklahoma Statutes;
15. First degree rape, as provided in Section 1114 of Title 21
of the Oklahoma Statutes;
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16. Lewd or indecent proposals or acts to a chi ld under sixteen
(16) years of age, as provided in Section 1123 of Title 21 of the
Oklahoma Statutes; or
17. Solicitation of minors in any crime provided in subsection
B of Section 1021 of Title 21 of the Oklahoma Statutes.
E. Subject to subsectio n F of this section, a custo dy
determination made in accordance with subsections B and C of t his
section shall not be modified unless the person seeking the
modification proves that:
1. Since the making of the order sough t to be modified, ther e
has been a permanent, material, and substantial change of condition s
that directly affects the best interests of the child; and
2. That as a result of such change of circumstances, the child
would be substantially better off with r egard to its temporal,
mental, and moral welfare if custody we re modified.
F. If the custody determination made in accordance with
subsections B and C of this section indicates that custody is
temporary, the determination may be modified upon a showing th at the
conditions which led to the custody or guardiansh ip determination no
longer exist.
SECTION 38. AMENDATORY 57 O.S. 2021, Section 138, is
amended to read as follows:
Section 138. A. Except as otherwise provided by law, every
inmate of a state correctional institution shall have their term of
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imprisonment reduced monthly, based upon the class level t o which
they are assigned. Earned credits may be subtracted from the total
credits accumulated by an inmate, upon recommendation of the
institution’s disciplinary committee, following due proces s, and
upon approval of the warden or superintendent. Each earned cre dit
is equivalent to one (1) day of incarceration. Lost credits may be
restored by the warden or superintendent upon approval of the
classification committee. If a maximum and minimum term of
imprisonment is imposed, the provisions of this subse ction shall
apply only to the maximum term. No deductions shall be credited to
any inmate serving a sentence of life imprisonment; however, a
complete record of the inmate ’s participation in wor k, school,
vocational training, or other approved program shall be mai ntained
by the Department of Corrections for consideration by the paroling
authority. No earned credit deductions shall be credited or
recorded for any inmate serving any sentence for a criminal act
which resulted in the death of a police officer, a law enforce ment
officer, an employee of the Department of Corrections, or an
employee of a private prison contractor and the death occurred while
the police officer, law enforcement of ficer, employee of the
Department of Corrections, or employee of a private prison
contractor was acting within the scope of their employment. No
earned credit deductions shall be credited or recorded for any
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person who is referred to an intermediate revocation f acility for
violating any of the terms and conditions of probation.
B. The Department of Corrections is directed to develop a
written policy and procedure whereby inmates shall be assigned to
one of four class levels determine d by an adjustment review
committee of the facility to which the inmate is assigned. The
policies and procedures developed by the Department shall include,
but not be limited to, written guidelines pertaining to awarding
credits for rehabilitation, obtaining job skills and educationa l
enhancement, participation in and completion of alcohol/chemical
abuse programs, incentives for inmates to accept work assignments
and jobs, work attendance and productivity, conduct record,
participation in programs, coopera tive general behavior, and
appearance. When assigning inmates to a class level the adjustment
review committee shall consider all aspects of the policy and
procedure developed by the Depa rtment including but not limited to
the criteria for awarding credits required by this subsection .
C. If an inmate is subject to misconduct, nonperformance or
disciplinary action, earned credits may be removed according to the
policies and procedures developed by the Department. Earned credits
removed for misconduct, non performance or disciplinary a ction may be
restored as provided by Department policy, if any.
D. 1. Class levels shall be as follows:
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a. Class level 1 shall include inmates not eligible t o
participate in class levels 2 through 4, and shall
include, but not be limited to, inmates on e scape
status.
b. Class level 2 shall include an inmate who has been
given a work, education, or program assignment, has
received a good evaluation for participation in the
work, education, or program assignment, and has
received a good evaluation for perso nal hygiene and
maintenance of living area.
c. Class level 3 shall include an inmate who has been
incarcerated at least three (3) months, has received
an excellent work, education, or program evaluation,
and has received an excellent evaluation for persona l
hygiene and maintenance of living area.
d. Class level 4 shall inc lude an inmate who has been
incarcerated at least eight (8) months, has received
an outstanding work, education, or program evaluation,
and has received an out standing evaluation for
personal hygiene and maintenance of living area.
2. a. Until November 1, 2001, class level corresponding
credits are as follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
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Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
b. Class level corresponding credits beginning November
1, 2001, for inmates who have ever been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony offense
enumerated in subsection E of this section are as
follows:
Class 1 - 0 Credits per month;
Class 2 - 22 Credits per month;
Class 3 - 33 Credits per month;
Class 4 - 44 Credits per month.
c. Class level corresponding cre dits beginning November
1, 2001, for inmates who have never been convicted as
an adult or a youthful offender or adjudicated
delinquent as a juvenile for a felony of fense
enumerated in subsection E of this section are as
follows:
Class 1 – 0 Credits per month;
Class 2 – 22 Credits per month;
Class 3 – 45 Credits per month;
Class 4 – 60 Credits per month.
Each inmate shall receive the above specified monthly credits
for the class to which he or she is assigned. In determining the
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prior criminal history of t he inmate, the Department of Corrections
shall review criminal history records available through the Oklahoma
State Bureau of Investigation, Federal Bureau of Invest igation, and
National Crime Information Center to determine the reported felony
convictions of all inmates. The Department of Corrections shall
also review the Office of Juvenile Affairs Juvenile On-line Online
Tracking System for inmates who were adjudicated delinquent o r
convicted as a youthf ul offender for a crime that would be an
offense enumerated in subsection E of this section.
3. In addition to the criteria established for each cl ass in
paragraph 1 of this subsection, the following requirements shall
apply to each of levels 2 through 4:
a. satisfactory participation in the work, education, or
program assignment at the standard required for the
particular class level,
b. maintenance of a clean and orderly living area and
personal hygiene at the standard required for the
particular class level,
c. cooperative behavior toward facility staff and other
inmates, and
d. satisfactory participation in the requirements of the
previous class level.
4. The evaluation scale for assessing performance shall be as
follows:
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a. Outstanding - For inmates who display consistently
exceptional initiative, motivation, and work habits.
b. Excellent - For inmates who display abo ve-average work
habits with only minor errors and ra rely perform below
expectations.
c. Good - For inmates who perform in a satisfactory
manner and complete tasks as required, doing what i s
expected, with only occasional performance above or
below expectations.
d. Fair - For inmates who may perform satisfactorily for
some periods of time, but whose performan ce is marked
by obviously deficient and weak areas and could be
improved.
e. Poor - For inmates whose performance is unsatisfactory
and falls below expe cted and acceptable standards .
E. No person ever co nvicted as an adult or a youthful offender
or adjudicated delinquent as a juvenile in this state for any felony
offense enumerated in th is subsection or a similar felony offense
pursuant to the provisions of another state, the United States, or a
military court shall be eligible for the credits provided by the
provisions of subparagraph c of paragraph 2 of subsection D of this
section. Such enumerated offenses include:
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1. Assault, battery, or assault and battery with a dangerous
weapon as defined by Section 645 , or subsection C of Section 652 of
Title 21 or Section 2 -219 of Title 43A of the Oklahoma Statutes;
2. Aggravated assault and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as defined by
Section 650, subsection C of Section 650.2, Section 650.5,
subsection B of Secti on 650.6, or subsection C o f Section 650.7 of
Title 21 of the Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of
Title 21 of the Oklahoma Sta tutes;
4. Shooting with intent t o kill as defined by Section 652 of
Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Sect ion 653 of
Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disg uised as defined by Section
1303 of Title 21 of the Oklahoma Statutes;
8. Entering premises of another whi le masked as defined by
Section 1302 of Title 21 of the Oklahoma Statutes;
9. Murder in the first degree as defined by Section 701.7 of
Title 21 of the Oklahoma Statutes;
10. Solicitation for Murder murder in the first degree as
defined by Section 701.16 of Title 21 of the Oklahoma Statutes;
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11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first degree as defined by Section 711,
or 712 or 714 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by Section 716
or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as def ined by Section 1431 of
Title 21 of the Oklahoma Statutes;
16. Burglary with explosives as defined by Section 1441 of
Title 21 of the Oklahoma St atutes;
17. Kidnapping for ex tortion as defined by Section 745 of Title
21 of the Oklahoma Statutes;
18. Maiming as defined by Section 751 of Title 21 of the
Oklahoma Statutes;
19. Robbery as defined by Section 791 of Title 21 of the
Oklahoma Statutes;
20. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
21. Robbery in the second degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
22. Armed robbery as defined by Section 801 of Title 21 of t he
Oklahoma Statutes;
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23. Robbery by two or more persons as defined by Section 800 of
Title 21 of the Oklahoma Statutes;
24. Robbery with dangerous weapon or imitation firearm as
defined by Section 80 1 of Title 21 of the Oklahoma Statutes;
25. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes;
26. Wiring any equipment, or equipping any vehicle or structure
with explosives as defined by Section 849 of Title 2 1 of the
Oklahoma Statutes;
27. Forcible sodomy as defined by Section 888 of Title 21 of
the Oklahoma Statutes;
28. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
29. Rape in the second degree as defi ned by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
30. Rape by instrumentation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
31. Lewd or indecent proposition or lewd or indecent act with a
child as defined by Section 1123 of Title 21 of the Oklahoma
Statutes;
32. Sexual battery of a pe rson over 16 as defined by Section
1123 of Title 21 of the O klahoma Statutes;
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33. Use of a firearm or offensive weapon to commit or attempt
to commit a felony as defined by Section 128 7 of Title 21 of the
Oklahoma Statutes;
34. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
35. Rioting as defined by Section 1311 or 1321.8 of Title 21 of
the Oklahoma Statutes;
36. Inciting to riot as defined by S ection 1320.2 of Title 21
of the Oklahoma Statutes;
37. Arson in the first degree as defined by Section 1401 of
Title 21 of the Oklahoma Statutes;
38. Endangering human life during arson as defined by Section
1405 of Title 21 of the Oklahoma Statutes;
39. Injuring or burning pub lic buildings as defined by Section
349 of Title 21 of the Oklahoma Statutes;
40. Sabotage as defined by Section 1262, 1265.4 or 1265.5 of
Title 21 of the Oklahoma Statutes;
41. Extortion as defined by Section 1481 or 1486 of Ti tle 21 of
the Oklahoma Statutes;
42. Obtaining signature by extortion as defined by Section 1485
of Title 21 of the Oklahoma Statu tes;
43. Seizure of a bus, discharging firearm or hurling missile at
bus as defined by Section 1903 of Title 21 of the Oklah oma Statutes;
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44. Mistreatment of a vulnerable adult as defined by Section
843.1 of Title 21 of the Oklahoma Statutes;
45. Sex offender pr oviding services to a child as defined by
Section 404.1 of Title 10 of the Oklahoma Statutes;
46. A felony offense of domestic abuse as defined by subs ection
C of Section 644 of Title 21 of the Oklahoma Statutes;
47. Prisoner placing body fluid on government employee as
defined by Section 650.9 of Title 21 of the Oklahoma Statutes;
48. Poisoning food or water supply as defined by Section 832 of
Title 21 of the Oklahoma Statutes;
49. Trafficking in children as defined by Section 866 of Title
21 of the Oklahoma Statutes;
50. Incest as defined b y Section 885 of Title 21 of the
Oklahoma Statutes;
51. Procure, produce, distribute, or possess juvenile
pornography child sexual abuse material as defined by Section 1021.2
of Title 21 of the Oklahoma St atutes;
52. Parental consent to juvenile pornography child sexual abuse
material as defined by Section 1021.3 of Title 21 of the Oklahoma
Statutes;
53. Soliciting minor for indecent exposure as defined by
Section 1021 of Title 21 of the Oklahoma Statutes;
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54. Distributing obscene material or child pornography sexual
abuse material as defined by Section 1040.13 of Title 21 of the
Oklahoma Statutes;
55. Child prostitution as defined by Section 10 30 of Title 21
of the Oklahoma Statutes;
56. Procuring a minor for prostitution or other lewd acts as
defined by Section 1087 of Title 21 of the Oklahoma Statutes;
57. Transporting a child under 18 for purpose s of prostitution
as defined by Section 1087 of Title 21 of the Oklahoma Statutes;
58. Inducing a minor to engage in prostitution as defined by
Section 1088 of Title 21 of the Oklahoma Statutes;
59. A felony offense of stalking as defined by subsec tion D of
Section 1173 of Title 21 of the Oklahoma Statutes;
60. Spread of infectious diseases as defined by S ection 1192 of
Title 21 of the Oklahoma Statutes;
61. Advocate overthrow of government by force, commit or
attempt to commit acts to overthrow the gov ernment, organize or
provide assistance to groups to overthrow the government as defined
by Section 1266, 1266.4 o r 1267.1 of Title 21 of the Oklahoma
Statutes;
62. Feloniously dischar ging a firearm as defined by Section
1289.17A of Title 21 of the Oklahoma Statutes;
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63. Possession, use, manufactur e, or threat of incendiary
device as defined by Section 1767 .1 of Title 21 of the Oklahoma
Statutes;
64. Causing a personal injury accident while driving under the
influence as defined by Section 11-904 of Title 47 of the Oklahoma
Statutes; or
65. Using a motor vehicle to facilitate the discharge of a
firearm as defined b y Section 652 of Title 21 of the Oklahoma
Statutes.
F. The policy and procedure developed by the Department of
Corrections shall includ e provisions for adjustment review
committees of not less than three members for each such committee.
Each committee shall consist of a classification team supervisor who
shall act as chairman, the case manager for the inmate being
reviewed or classified, a cor rectional officer or inmate counselor,
and not more than two other members, if deemed necessary, determined
pursuant to policy and procedure to be appropri ate for the specific
adjustment review committee or committees to which the y are
assigned. At least once every four (4) months the adjustment rev iew
committee for each inmate shall evaluate the class level status and
performance of the inmate and determine whether or not the class
level for the inmate should be changed.
Any inmate who feels aggrieved by a decision made by an
adjustment review committee may utilize normal grievance procedures
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in effect with the Depar tment of Corrections and in effect at the
facility in which the inmate is incarcerated.
G. Inmates granted medical leaves for treatment that cannot be
furnished at the penal institution where incarcerated shall be
allowed the time spent on medica l leave as time served. Any inmate
placed into administrative segregation for nondisciplinary reasons
by the institution’s administration may be place d in Class level 2.
The length of any jail term served by an inmate before being
transported to a state correctio nal institution pursuant to a
judgment and sentence of incarceration shall be deducted from the
term of imprisonment at the state correctional institution. Inmates
sentenced to the Depar tment of Corrections and detained in a county
jail as a result of the Department ’s reception scheduling procedure
shall be awarded earned credits as provided for in subparagraph b of
paragraph 1 of subsection D of this section, beginning on the date
of the judgment and sentence, unless the inmate is convicted of a
misdemeanor or felony committed in the jail while t he inmate is
awaiting transport to the Lexington Assessment and Reception Center
or other assessment and reception location determined by the
Director of the Department of Corrections.
H. Additional achie vement earned credits for successful
completion of departmentally approved programs or for attaining
goals or standards set b y the Department shall be awarded as
follows:
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Bachelor’s degree...................... 200 credits;
Associate’s degree..................... 100 credits;
High School Diploma or High Sch ool
Equivalency Diploma...................90 credits;
Certification of Completion of
Vocational Training...................80 credits;
Successful completion of
Alcohol/Chemical Abuse Treatment
Program of not less than four (4)
months continuous participation.......70 credits;
Successful completion of other
Educational Accomplishments or
other programs not specified in
this subsection.................... 10-30 credits;
Achievement earned credits are subject to loss and restoration in
the same manner as earned credits .
I. The accumulated time of every inmate shall be t allied
monthly and maintained by the insti tution where the term of
imprisonment is being served. A record of said such accumulated
time shall be:
1. Sent to the administrative office of the Department of
Corrections on a quarterly basis; and
2. Provided to the inmate.
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SECTION 39. AMENDATORY 57 O.S. 2021, Section 332.16, is
amended to read as follows:
Section 332.16. A. No recommendation to the Governor for
parole shall remain under consideration and in the possession of
that office for a time longer than thirty (30) co nsecutive calendar
days. Except as provided for in subs ection B of this section, if
upon expiration of the thirty -day time period no action is t aken by
the Governor to grant or deny p arole, the recommenda tion for parole
shall be deemed grante d.
B. The Governor shall be requir ed to review each parole
recommendation and shall gr ant or deny parole for per sons convicted
of the following crimes:
1. Assault, battery, or assault and battery with a dangerous or
deadly weapon as provided in Sections 645 and 652 o f Title 21 of the
Oklahoma Statutes;
2. Aggravated assault and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as provided in
Sections 650, 650.2, 650.5, 650.6 and 650.7 of Title 21 of the
Oklahoma Statutes;
3. Poisoning with intent to kill as provided in Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as provided in Section 652 of
Title 21 of the Oklahoma Statutes;
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5. Assault with intent to kill as provided in Section 653 of
Title 21 of the Oklahoma Statutes;
6. Assault with intent to commit a felony as provided in
Section 681 of Title 21 of the Oklahoma Statutes;
7. Assaults while masked or disguised as pr ovided in Section
1303 of Title 21 of the Oklahoma Statutes ;
8. Murder in the first degree as provided in Section 701.7 of
Title 21 of the Oklaho ma Statutes;
9. Murder in the second degree as provided in Section 701.8 of
Title 21 of the Oklahoma Statutes;
10. Manslaughter in the fir st degree as provided in Sections
711, and 712 and 714 of Title 21 of the Okla homa Statutes;
11. Manslaughter in the second degree as provided in Sections
716 and 717 of Title 21 of the Ok lahoma Statutes;
12. Kidnapping as provi ded in Section 741 of Title 21 of the
Oklahoma Statutes;
13. Burglary in the first degree as provided in Section 1431 of
Title 21 of the Okla homa Statutes;
14. Burglary with explosives as provided in Section 1441 of
Title 21 of the Oklahoma Statutes;
15. Kidnapping for extortion as provided in Section 745 of
Title 21 of the Oklahom a Statutes;
16. Maiming as provided in Section 751 of Title 21 of the
Oklahoma Statutes;
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17. Robbery as provided in Section 791 of Ti tle 21 of the
Oklahoma Statutes;
18. Robbery in the first deg ree as provided in Section 797 of
Title 21 of the Oklahoma Statutes;
19. Robbery in the second degree as provided in Sec tion 797 of
Title 21 of the Oklahoma Statutes;
20. Robbery by two or more persons as provided in Section 800
of Title 21 of the Oklahoma Statut es;
21. Robbery with dangerous weapon or imitatio n firearm as
provided in Section 801 of Title 21 of the Oklahoma Statutes;
22. Child abuse as provided in Section 843.5 of Title 21 of the
Oklahoma Statutes;
23. Wiring any equipment, or equipping any vehicle or structure
with explosives as provided in Section 849 of Title 21 of the
Oklahoma Statutes;
24. Forcible sodomy as provided in Section 888 of Title 21 of
the Oklahoma Statutes;
25. Rape in the first degree as provided in Sections 1111 and
1114 of Title 21 of the O klahoma Statutes;
26. Rape in the second degree a s provided in Sections 1 111 and
1114 of Title 21 of the Oklahoma Statutes;
27. Rape by instrumentation as provided in Section 11 11.1 of
Title 21 of the Oklahoma Statutes;
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28. Lewd or indecent pro position or lewd or indecent act with a
child as provided in Section 1123 of Title 21 of the Oklahoma
Statutes;
29. Use of a firearm or offensive weap on to commit or attempt
to commit a felony as provided in Section 1287 of Title 21 of the
Oklahoma Statutes;
30. Pointing firearms as provided in Section 1289.16 o f Title
21 of the Oklahoma Statutes;
31. Rioting as provided in Sections 1311 and 1321.8 of Title 21
of the Oklahoma Statutes;
32. Inciting to riot as provided in Section 132 0.2 of Title 21
of the Oklahoma Statutes;
33. Arson in the fi rst degree as provided in Sectio n 1401 of
Title 21 of the Oklahoma Statutes;
34. Injuring or burning public b uildings as provided in Section
349 of Title 21 of the Oklahoma Statutes;
35. Sabotage as provided in Sections 12 62, 1265.4 and 1265.5 of
Title 21 of the Oklahoma Statutes;
36. Criminal syndicalism as provid ed in Section 1261 of Title
21 of the Oklahoma Statutes;
37. Extortion as provided in Sections 1481 and 1486 of Title 21
of the Oklahoma Statutes;
38. Obtaining signature by extortion as prov ided in Section
1485 of Title 21 of the Oklahoma Statutes;
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39. Seizure of a bus, discharging firearm or hurli ng missile at
bus as provided in Section 1903 of Title 21 of the Oklahoma
Statutes;
40. Mistreatment of a mental patient vulnerable adult as
provided in Section 843.1 of Title 21 o f the Oklahoma Statutes;
41. Using a vehicle to facilitate the discharge of a weapon as
provided in Section 652 of Title 21 of the Oklahoma Statutes;
42. Aggravated drug tra fficking as provided i n Section 2-415 of
Title 63 of the Oklaho ma Statutes;
43. Racketeering as provided in Section 1403 of Title 22 of the
Oklahoma Statutes;
44. Offenses of public corruption such as bribery of public
officials as provided in Section 381 or 382 of Title 21 of the
Oklahoma Statutes;
45. Embezzlement of public money as provided in Section 1 451 et
seq. of Title 21 or Section 641 of Title 19 of the Oklahoma
Statutes;
46. Failure to pay and collect tax as provided in Section 1361
or 2385.3 of Title 68 of the Okl ahoma Statutes;
47. Conspiracy to defrau d the state as provided in Sect ion 424
of Title 21 of the Oklahoma Statutes;
48. Child pornography sexual abuse material as provided in
Section 1021.2 or 1021.3 or defined in Section 1024.1 of Title 21 of
the Oklahoma Statutes;
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49. Child prostitution as defined by Section 1030 of Title 21
of the Oklahoma Statutes;
50. Abuse of a vulnerable adult as defined in Section 10 -103 of
Title 43A of the Oklahoma Statutes;
51. Terrorism crimes, includi ng biochemical assault as provided
in Section 1268 et seq. of Title 21 of the Oklahoma Statutes;
52. Trafficking of children as provided in Section 865 et seq.
of Title 21 of the O klahoma Statutes; or
53. Trafficking of humans as provided in Section 748 et seq. of
Title 21 of the Oklahoma Sta tutes.
C. When the Pardon and Parole Board makes a recommendation for
a compassionate parole pur suant to subsection B of Section 332.18 of
this title, the Board shall forward all relevant documentation to
the Governor within four (4) business day s of the parole review of
the inmate. Upon receipt, the Governor shall have fo ur (4) business
days to grant or deny the compassionate parole.
SECTION 40. AMENDATORY 57 O.S. 2021, Section 571, as
amended by Section 2, Chapter 212, O.S.L. 20 23 (57 O.S. Supp. 2023,
Section 571), is amended to read as follows:
Section 571. As used in the Oklahoma Statute s, unless another
definition is specified:
1. “Capacity” means the actual available be dspace as certified
by the State Board of Corr ections subject to applicabl e federal and
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state laws and the rules and regulations promulgated under such
laws; and
2. “Violent crime” means any of the following felony offenses
and any attempts to commit or conspiracy or solicitat ion to commit
the following crimes:
a. assault, battery, or assault and batt ery with a
dangerous or deadly weapon, as provided for in
Sections 645 and 652 of Title 21 of the Oklahoma
Statutes,
b. assault, battery, or assault and batte ry with a deadly
weapon or by other means like ly to produce death or
great bodily harm, as provided for in Sec tion 652 of
Title 21 of the Oklahoma Statutes,
c. aggravated assault and battery on a police officer,
sheriff, highway patrolman, or any other officer of
the law, as provided for in Section 650 of Titl e 21 of
the Oklahoma Statutes,
d. poisoning with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statutes,
e. shooting with intent to kill, as provided for in
Section 652 of Title 21 of the Oklaho ma Statutes,
f. assault with intent to kill, as prov ided for in
Section 653 of Title 21 of the Oklahoma Statutes,
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g. assault with intent to commit a felony, as provided
for in Section 681 of Title 21 of the Oklahoma
Statutes,
h. assaults with a dangerous w eapon while masked or
disguised, as provided for in Section 1303 of Title 21
of the Oklahoma Statutes,
i. murder in the first degree, as provided f or in Section
701.7 of Title 21 of the Oklahoma Statutes,
j. murder in the second degre e, as provided for in
Section 701.8 of Title 2 1 of the Oklahoma Statutes,
k. manslaughter in the first degree, as provided for in
Section 711 of Title 21 of the Oklahoma Statutes,
l. manslaughter in the second degree, as provided for in
Section 716 of Title 21 of the Oklahoma S tatutes,
m. kidnapping, as provid ed for in Section 741 of Title 21
of the Oklahoma Statutes,
n. burglary in the first degree, as provided for in
Section 1431 of Title 21 of the Ok lahoma Statutes,
o. burglary with explosives, as provid ed for in Section
1441 of Title 21 of the Okla homa Statutes,
p. kidnapping for extortion, as provided for in Section
745 of Title 21 of the Oklahoma Statutes,
q. maiming, as provided for in Section 751 of Title 21 of
the Oklahoma Statutes,
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r. robbery, as provided for in Section 791 of Title 21 of
the Oklahoma Statutes,
s. robbery in the first degr ee, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
t. robbery in the second de gree, as provided for in
Section 797 et seq. of Title 2 1 of the Oklahoma
Statutes,
u. armed robbery, as provided for in Section 8 01 of Title
21 of the Oklahoma Statutes,
v. robbery by two or more persons, as provided for i n
Section 800 of Title 21 of the Oklahoma Statutes,
w. robbery with dangerous weapon or imitation firearm, as
provided for in Section 801 of Tit le 21 of the
Oklahoma Statutes,
x. child abuse, as provided for in Section 843.5 of Title
21 of the Oklahoma S tatutes,
y. wiring any equipment, or equipping any vehicle or
structure with explosives, as provided for in Section
849 of Title 21 of the Oklahoma Statut es,
z. forcible sodomy, as p rovided for in Section 888 of
Title 21 of the Oklahoma Statutes,
aa. rape in the first degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
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bb. rape in the second degree, as provi ded for in Section
1114 of Title 21 of the Oklahoma Statutes,
cc. rape by instrumentation, as provided for in Section
1111.1 of Title 21 o f the Oklahoma Statutes,
dd. lewd or indecent proposition or lewd or indecent act
with a child under sixteen (16) year s of age, as
provided for in Section 1123 of Title 2 1 of the
Oklahoma Statutes,
ee. use of a firearm or offensive weapon to commit or
attempt to commit a felony, as provided for in Section
1287 of Title 21 of the Oklahoma Statutes,
ff. pointing firearms, a s provided for in Section 1289.16
of Title 21 of the Oklah oma Statutes,
gg. rioting, as provided for in Section 1311 of Title 21
of the Oklahoma Statutes,
hh. inciting to riot, as provided for in Section 1320.2 of
Title 21 of the Okla homa Statutes,
ii. arson in the first degree, as provided for in Section
1401 of Title 21 of the Oklahoma Statutes,
jj. injuring or burning public buildi ngs, as provided for
in Section 349 of Title 21 of the Oklahoma Statutes,
kk. sabotage, as provided for in Section 1262 of Ti tle 21
of the Oklahoma Statutes,
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ll. criminal syndicalism, as provided for i n Section 1261
of Title 21 of the Oklahoma Statutes,
mm. extortion, as provided for in Section 1481 of Title 21
of the Oklahoma Statutes,
nn. obtaining signature by extortion, as p rovided for in
Section 1485 of Title 21 of the Okl ahoma Statutes,
oo. seizure of a bus, discharging firearm or hurling
missile at bus, as provided for in Section 1903 of
Title 21 of the Oklahoma Statutes,
pp. mistreatment of a mental patient vulnerable adult, as
provided for in Section 843.1 of Title 21 o f the
Oklahoma Statutes,
qq. using a vehicle to facilitate the discharge of a
weapon pursuant to Section 652 of Ti tle 21 of the
Oklahoma Statutes,
rr. bombing offenses as defined in Section 1767.1 of T itle
21 of the Oklahoma Statutes,
ss. child pornography sexual abuse material or aggravated
child pornography sexual abuse material as defined in
Section 1021.2, 1021.3, 1024.1 or 1040.12a of Title 21
of the Oklahoma Statutes,
tt. child prostitution as defined in Section 1030 of Title
21 of the Oklahoma Statut es,
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uu. abuse of a vulnerable adult as defined in Section 10-
103 of Title 43A of the Oklahoma Statutes,
vv. aggravated trafficking as provided for in subsecti on C
of Section 2-415 of Title 63 of the Oklahoma Statutes,
ww. aggravated assault and ba ttery upon any perso n
defending another person from assault and battery, as
provided for in Section 646 of Title 21 of the
Oklahoma Statutes,
xx. human trafficking, as provided for in Section 748 of
Title 21 of the Oklahoma Statutes,
yy. terrorism crimes as provide d in Section 1268 et seq.
of Title 21 of the Oklahoma Statutes,
zz. eluding a peace officer, as provided for in subsection
B or C of Section 540A of Title 21 of the Oklahoma
Statutes, or
aaa. domestic abuse by strangulation, domestic assault with
a dangerous weapon, domestic assault and battery with
a dangerous weapon, domestic assault and battery
resulting in great bodil y injury, or domestic assault
and battery with a deadly weapon, as provi ded for in
Section 644 of Title 21 of the Oklahoma Statutes.
Such offenses shall constitute exceptions to nonviolent offenses
pursuant to Article VI, Section 10 of the O klahoma Constitution.
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SECTION 41. AMENDATORY 57 O .S. 2021, Section 582 , is
amended to read as follows:
Section 582. A. The provisions of the Sex Offenders
Registration Act shall apply to any person residing, working or
attending school within the State of Oklahoma this state who, after
November 1, 1989, has been convicted, whether u pon a verdict or plea
of guilty or upon a plea o f nolo contendere, or received a suspended
sentence or any prob ationary term, or is currently serving a
sentence or any form of probation or parole for a crime or an
attempt to commit a crime provided for in Section 843.5 of Title 21
of the Oklahoma Statutes if the offense in volved sexual abuse or
sexual exploitation as those terms are defined in Section 1 -1-105 of
Title 10A of the Oklahoma Stat utes, Section 681, if the offense
involved sexual assault, 741, if the offense involved sexual abuse
or sexual exploitation, Section 748, if the offense involved human
trafficking for commercial sex, Section 843.1, if the offense
involved sexual abuse or sexual exploitation, Section 852.1, if the
offense involved sex ual abuse of a child, 856, if the offense
involved child prostitution or human trafficking for commercial sex,
865 et seq., 885, 886, 888, 891, if the offense involved sexual
abuse or sexual exploitation, 1021, 1021.2, 1021.3, 1024.2, 1029, if
the offense involved child prostitution, 1040.8, if the offense
involved child pornography sexual abuse material, 1040.12a, 1040.13,
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1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the
Oklahoma Statutes.
B. The provisions of the S ex Offenders Registration Act shall
apply to any person who after Nove mber 1, 1989, resides, works or
attends school within the State of Oklahoma this state and who has
been convicted or received a suspended sentence at a ny time in any
court of another state, the District of Columbia, P uerto Rico, Guam,
American Samoa, the Northern M ariana Islands and the United States
Virgin Islands, a federal court, an Indian tribal court, a military
court, or a court of a foreign country for a crime, atte mpted crime
or a conspiracy to commit a crime which, if committ ed or attempted
in this state, would be a crime, an attempt to commit a crime or a
conspiracy to commit a cri me provided for in any of the laws listed
in subsection A of this section.
C. The provisions of the Sex Offenders Registration Act shall
apply to any person who resides, works or attends school within the
State of Oklahoma this state and who has received a deferred
judgment at any time in any cour t of another state, the District of
Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana
Islands and the United States Virgin Islands, a federa l court, an
Indian tribal court, a military court, or a court of a foreign
country for a crime, attempted crime or a consp iracy to commit a
crime which, if committed or attempted or conspi red to be committed
in this state, would be a cr ime, an attempt to commit a crime or a
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conspiracy to commit a crime provided for in Section 843.5 of Title
21 of the Oklahoma Statutes if the offense involved sexual abuse or
sexual exploitation as those terms are defined in Section 1 -1-105 of
Title 10A of the Oklahoma Statut es, Section 681, if the offense
involved sexual assault, 741, if the offense involved sexual abuse
or sexual exploitation, Section 748, if the offense involved human
trafficking for commer cial sex, Section 843.1, if the offense
involved sexual abuse or sexual exploitation , Section 852.1, if the
offense involved sexual abuse of a child, 856, if the offens e
involved child prostitution or human trafficking f or commercial sex,
865 et seq., 885, 886, 888, 891, if the offe nse involved sexual
abuse or sexual explo itation, 1021, 1021.2, 1021.3, 1024.2, 1029, if
the offense involved child prostitution, 1040.8, if the offense
involved child pornography sexual abuse material, 1040.12a, 1040.13,
1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the
Oklahoma Statutes. The provi sions of the Sex Offenders Registration
Act shall not apply to any such person while the person is
incarcerated in a maximum or medium c orrectional institution of the
Department of Corrections.
D. On November 1, 2002, any person regi stered as a sex offender
for an offense committed pursuant to Section 741 of Title 21 of the
Oklahoma Statutes shall be summarily removed from the Sex Offender
Registry sex offender registry by the Department of C orrections and
all law enforcement agencies of any pol itical subdivision of this
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state, unless the offense involved sexual abuse or sexual
exploitation.
E. The provisions of the Sex Offenders Registration Act shall
not apply to any such person who has received a criminal history
records expungement for a conviction in another state for a crime or
attempted crime which, if committed or attempted in this state,
would be a crime or an attempt to comm it a crime provided for in any
laws listed in subsection A o f this section.
F. The provisions of the Sex Offender s Registration Act shall
apply to any person residing, working or attendin g school within
this state who, after the effective date of this act November 1,
2020, has been convicted, whether upon a verdict or plea of guilty
or upon a plea of nolo co ntendere, or receive d a suspended sentence
or any probationary term, or is currently serving a sentence or any
form of probation or parole for a crime or an attempt to commit a
crime as provided for in subsection G of Section 10 40.13b of Title
21 of the Oklahoma St atutes.
G. The provisions of the Sex Offen ders Registration Act shall
apply to any person who resides, works or attends sch ool within this
state and who has received a deferred judgment at any time in any
court of another state, the District of C olumbia, Puerto Rico , Guam,
American Samoa, the Northern Mariana Islands and the United States
Virgin Islands, a federal court, an Indian tribal court, a military
court, or a court of a foreign country for a crime, if committed in
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this state, would be a crime, as p rovided for in subsection F of
Section 1040.13b of Title 21 of the Oklahom a Statutes. The
provisions of the Sex Offenders R egistration Act shall not apply to
any such person while the person is incarcerated in a maximum or
medium correctional ins titution in the custody of the Department of
Corrections.
SECTION 42. AMENDATORY 68 O.S. 2021, Section 2357.101,
is amended to read as follow s:
Section 2357.101. A. Except as otherwise provided in
subsection E of this section, for taxable years begi nning after
December 31, 2004, and ending befor e January 1, 2015, there shall be
allowed against the tax imposed by Section 2355 of this title, a
credit equal to twenty-five percent (25%) of the amount of profit
made by a taxpayer from investment in an existing Oklahoma film or
music project with a production company to pay for production costs
that is reinvested by the taxpayer with the production company to
pay for the production cost of the production company for a new
Oklahoma film or music project.
B. In no event shall the amount of the credit pro vided for in
subsection A of this section for an eligible taxpayer exceed the tax
liability of the taxpayer in a cal endar year.
C. The Oklahoma Tax Commission shall have the authority to
prescribe forms for purposes of claiming the credit authorized in
subsection A of this section. The forms shall include, but not be
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limited to, requests for informati on that prove who the investment
was with, the amount of the original investment and the amount of
the profit realized from the investment.
D. As used in this section:
1. “Film” means a professional single media, multimedia program
or feature, which is not child pornography sexual abuse material as
defined in subsection A of Section 1024.1 of Title 21 of the
Oklahoma Statutes or obscen e material as defined in paragraph 1 of
subsection B of Section 1024.1 of Title 21 of the Oklahoma Sta tutes
including, but not limited to, national advertising messages that
are broadcast on a national affiliate or cable network, fixed on
film or digital video, which can be view ed or reproduced and w hich
is exhibited in theaters, licensed for exhibition by i ndividual
television stations, grou ps of stations, networks, cable television
stations or other means or licensed for home viewing markets;
2. “Music project” means a professional recording released on a
national or international level, whether via trad itional
manufacturing or distributing or electronic distribution, using
technology currently in use or future technology includ ing, but not
limited to, music CDs, radio commerci als, jingles, cues, or
electronic device recordings;
3. “Production company” means a person who produces a film or
music project for exhibition in theaters, on television or
elsewhere;
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4. “Total production cost” includes, but is not limited to:
a. wages or salaries of persons who have earned income
from working on a film or music p roject in this state ,
including payments to personal services corporations
with respect to the services of qualified performing
artists, as determined under Section 62(a)(A) of the
Internal Revenue Code,
b. the cost of construction and operations, wardrobe,
accessories and related services,
c. the cost of photography, sound synchronization,
lighting and related services,
d. the cost of editing and related s ervices,
e. rental of facilities and equipment, and
f. other direct costs of producing a film or music
project;
5. “Existing Oklahoma film or music project ” means a film or
music project produced after July 1, 2005;
6. “Profit” means the amount made by the taxpayer to be
determined as follows:
a. the gross revenues less gross expenses, including
direct production, distribution and marketing costs
and an allocation of indirect overhead costs, of the
film or music project s hall be multiplied by,
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b. a ratio, the numerator of which is Oklahoma production
costs, as defined in paragraph 7 of this subsection,
and the denominator of which is total production
costs, as defined in paragraph 4 of this subsection,
which shall be multiplied b y,
c. the percent of the taxpayer ’s taxable income allocated
to Oklahoma in a tax able year, and
d. subtract from the result of the formula calculated
pursuant to subparagraphs a through c of this
paragraph the profit made by a taxpayer from
investment in an existing Oklahoma film or music
project in previous taxable years. Profit shall
include either a net profit or net loss;
7. “Oklahoma production cost” means that portion of total
production costs which are incurred with any qualified vendor;
8. a. “Qualified vendor” means an Oklahoma entity which
provides goods or services to a pro duction company and
for which:
(1) fifty percent (50%) or more of its employees are
Oklahoma residents, and
(2) fifty percent (50%) or more of gross wages, as
reported on Internal Revenue Service Form W -2 or
Form 1099, are paid to Oklahoma residents.
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b. For purposes of this paragraph, an employee shall
include a self-employed individual reporting income
from a qualified vendor on Internal Revenue Service
Form 1040.
c. The Oklahoma Tax Commission shall prescribe forms by
which an entity may be certified to a production
company as a qualified vendor for purp oses of this
section; and
9. “Investment” means costs associated with the original
production company. Film or music projects acquired from an
original production company do not qualify as investment under
subsection A of this section.
E. No credit otherwise authorized b y the provisions of this
section may be claimed for any event, transaction, investment,
expenditure or other act occurring on or after July 1, 2010, for
which the credit would otherwise be allowable. The provisions of
this subsection shall cease to be operative on July 1, 2012.
Beginning July 1, 2012, the credit authorized by this section may be
claimed for any event, transaction, inve stment, expenditure or other
act occurring on or after July 1, 2012, according to the provisions
of this section.
SECTION 43. AMENDATORY 68 O.S. 2021, Section 3623, is
amended to read as follows:
Section 3623. As used in the Compete with Canada Film Act :
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1. “Crew” means any person who works on preproduction,
principal photography, and postproduction, with the except ion of
producers, principal cast, screenwriters, and the director. The
qualifying salary of producers, principal cas t, screenwriters, and
the director, also known as “above-the-line personnel”, may be
included as crew if the salaries are paid to loan-out corporations
and limited liability companies registered to do business i n the
State of Oklahoma this state or the salaries are paid to Oklah oma-
based above-the-line personnel. The qualifying salary of above -the-
line personnel shall not comprise more than twenty -five percent
(25%) of total expenditures as defined in paragraph 2 of this
section. For purposes of this para graph, “Oklahoma-based” means a
company or individual with an Oklahoma income tax requirement;
2. “Expenditure” or “production cost” includes but is not
limited to:
a. wages or salaries of persons who are residents of thi s
state and who have earned income from working on a
film in this state including payments to personal
services corporations with respe ct to the services of
qualified performing artist s, as determined under
Section 62(a)(A) of the Internal Revenue Code,
b. the cost of construction and oper ations, wardrobe,
accessories and related services,
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c. the cost of photography, sound synchronization,
lighting and related services,
d. the cost of editing and related services,
e. rental of facilities and equipment,
f. other direct costs of producing a film, and
g. the wages and salaries of persons who are defined and
registered as an Oklahoma Expatriat e by the Oklahoma
Film and Music Office within th e Oklahoma Department
of Commerce;
3. “Film” means a professional single med ia, multimedia program
or feature, which is not child pornography sexual abuse material as
defined in subsection A of Section 1024.1 of Title 21 of the
Oklahoma Statutes or obscene material as defined in paragraph 1 of
subsection B of Section 1024.1 of Title 21 of the Oklahoma Statutes
including, but not li mited to, national advertising messages that
are broadcast on a national affil iate or cable network, fixed on
film or digital video, which can be viewed or reproduced and w hich
is exhibited in theaters, l icensed for exhibition by ind ividual
television stations, groups of stations, networks, cable television
stations or other means or licensed for home v iewing markets;
4. “High impact production ” means a production for which total
expenditures or production cos ts are equal to or greater than Fifty
Million Dollars ($50,000,000.00), with at least one-third (1/3) of
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total costs deemed O klahoma expenditures by the Oklahoma Film and
Music Office; and
5. “Production company” means a person or company who produce s
film for exhibition in thea ters, on television or elsewhere.
SECTION 44. AMENDATORY 68 O.S. 2021, Section 3632, as
amended by Section 1, Chapter 347, O.S.L. 2023 (68 O.S. Supp. 2023,
Section 3632), is amended to read as follows:
Section 3632. As used in the Filmed in Oklahoma Act of 2021:
1. “Above-the-line personnel” means producers, principal cast,
screenwriters, and directors who work on production of films or
television series. The qualifying salary of above-the-line
personnel may be included as crew, as defined in paragraph 3 of this
section, if the salaries are paid to loan -out corporations and
limited liability companies registered to do business in this state
or the salaries are paid to Oklahoma-based above-the-line personnel.
The qualifying salary of above -the-line personnel shall not comprise
more than twenty-five percent (25%) of total expenditures as defined
in paragraph 5 of this section. For purposes of this paragraph,
“Oklahoma-based” means a company or individual with an Oklahoma
income tax requirement;
2. “Apprentice” means a person who works for a skilled or
qualified person in order to learn a trade or profession for an
agreed-upon period of time. An apprentice may work in any of the
trades recognized by the Oklahoma Department of Commerce as
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necessary for a film production. An apprentice shall be required to
complete safety training appropriate for the duties to be performed
in connection with a qualified project and als o to complete a course
related to and with the objective of preventing workplace
misbehavior, such as bullying and sexual harassment;
3. “Crew” means any person who works on preproduction,
principal photography and post-production, with the exception of
above-the-line personnel;
4. “Eligible television series” means a project if either
seventy-five percent (75%) of the series season is filmed within the
state or, for an episodic television pilot, if more than seventy-
five percent (75%) of the pilot is filmed within the state;
5. “Expenditure” or “production cost” includes but is not
limited to:
a. wages or salaries of persons who are residents of this
state or who are enrolled as full -time students at a
college or university located in the state offering an
undergraduate degree program or who are on active
military duty and stati oned in Oklahoma or involved in
a restorative workforce program and who have earned
income from working on a film in this state including
payments to personal services corporations with
respect to the servi ces of qualified performing
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artists, pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 62(a)(2),
b. the cost of construction and operations, wardrobe,
accessories and related services,
c. the cost of photography, sound synchronization,
lighting and related services,
d. the cost of editing and related services,
e. rental of facilities and equipment,
f. other direct costs of producing a film, and
g. the wages and salaries of persons who are defined and
registered as an Oklahoma Expat riate by the Oklahoma
Film and Music Office;
6. “Film” means a professional single media, multimedia program
or feature, which is not child pornography sexual abuse material as
defined in subsection A of Section 1024.1 of Title 21 of the
Oklahoma Statutes or obscene material as defined in paragraph 1 of
subsection B of Section 1024.1 of Title 21 of the Oklahoma Statutes
including, but not limited to, national advertising messages that
are broadcast on a national affiliate or cable network, fixed on
film or digital video, which can be viewed or reproduced and which
is exhibited in theaters, licensed for exhibition by individual
television stations, groups of stations, networks, cable television
stations or other means or licensed for home viewing markets. The
term shall also include filming for interactive and video gaming
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including, but not limited to, green screen, motion capture and
similar production techniques;
7. “Multi-film deal” means a project in which a production
company films at least seventy-five percent (75%) of main crew
principal photography for three (3) or more films in this state
within three (3) years or where the third film starts main crew
principal photography within the three (3) year period;
8. “Nonresident crew member” means a person who is not an
Oklahoma resident, hired for a qualifying production project
occurring within the state and who is subject to the payment of
Oklahoma employment taxes;
9. “Production company” means a person, producer or company who
produces film for exhib ition in theaters, on television or
elsewhere;
10. “Qualified production expenditure amount” means an
expenditure defined pursuant to paragraph 5 of this section; and
11. “Qualified soundstage facility” means a state certified
industry standard soundstage facility having not less than seven
thousand five hundred (7,500) square feet of combined soundstage
space and with a total state rental cost to the production company
equal to at least three percent (3%) of the qualifying Oklahoma
expenditures with respect to a production.
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SECTION 45. AMENDATORY Section 1, Chapter 280, O.S.L.
2022, as amended by Section 1, Chapter 373, O.S.L. 2023 (70 O .S.
Supp. 2023, Section 11 -202), is amended to read as follows:
Section 11-202. A. A school district, charter school, virtual
charter school, state agency, public library, or institution of
higher education within The Oklahoma State System of High er
Education may offer digital or online library database resources to
students in kindergarten through twelfth grade only if the vendor,
person, or entity providing the resources verifies that all the
resources comply with the provisions of subsection B of this
section.
B. Digital or online libr ary database resources offered by
school districts, charter schools, virtual charter schools, state
agencies, public libraries, or universities to students in
kindergarten through twelfth grade shall have safety policies and
technology protection measures that:
1. Prohibit and prevent a user o f the resource from sending,
receiving, viewing, or downloading materials that are child
pornography sexual abuse material or obscene materials, as defined
in Section 1024.1 of Title 21 of the Oklahoma Statutes, or materials
that depict child sexual exploitation, as defined in Section 843.5
of Title 21 of the Oklahoma Statutes; and
2. Filter or block access to child pornography sexual abuse
material or obscene materials, as defined in Section 1024.1 of Title
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21 of the Oklahoma Statutes, or materials that depict child sexual
exploitation, as defined in Section 843.5 of Title 21 of the
Oklahoma Statutes.
C. Notwithstanding any contract provision to the contrary, if a
provider of digital or online library resources fails to comply with
the requirements of subsection B of this section, the school
district, public charter school, state agency, public library, or
institution of higher education shall withhold further payments, if
any, to the provider pending verification of compliance.
D. If a provider of digital or online library database
resources fails to timely verify that the provider is in compliance
with the safety policies and requirements of subsection B of this
section, the school district, public charter school, state age ncy,
public library, or institution of higher education shall consider
the provider’s act of noncompliance a breac h of contract.
E. No later than December 1 of each year, libraries shall
submit to the Speaker of the House of Representatives and President
Pro Tempore of the Senate an aggregate written repor t on any issues
related to provider com pliance with technology protection measures
required by subsection B of this section.
F. Employees of school districts, charter schools, virtual
charter schools, state agencies, public libraries, and universities
shall not be exempt from prosecution for willful violations of state
law prohibiting indecent exposure to obscene material or child
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pornography sexual abuse material as provided in Section 1021 of
Title 21 of the Oklaho ma Statutes.
G. Nothing in this act section shall be construed in a manner
that applies to digital or onli ne library database resources off ered
by institutions of higher education when the primary purpose of the
resources is for education or research.
SECTION 46. AMENDATORY 70 O.S. 2021, Section 1210.163,
is amended to read as fol lows:
Section 1210.163. A. Every school employee having reason to
believe that a student under the age of eighteen (18) years is a
victim of abuse or neglect shall report the matter immediate ly to
the Department of Human Services a nd local law enforcement. Reports
to the Department shall be made to the hotline provided for in
Section 1-2-101 of Title 10A of the Oklahoma Statutes. Any
allegation of abuse or neglect reported in any manner to a county
office shall immediately be referred to the hotline by the
Department.
B. Every school employee having reason to believe that a
student age eighteen (18) years or older is a victim of abuse or
neglect shall report the matter immediately to local l aw
enforcement.
C. In reports required by subsection A or B of this section,
local law enforcement shall keep confidential and redact any
information identifying the reporting school employee unless
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otherwise ordered by the court. A school employee with knowledge of
a report required by subsection A or B of this section shall not
disclose information identifying the reporting school employee
unless otherwise order ed by the court or as part of an in vestigation
by local law enforcement or the Department.
D. For the purposes of this section, “child abuse and neglect ”
shall include, but not be limited to:
1. Child abuse as defined in Section 843 .5 of Title 21 of the
Oklahoma Statutes;
2. Sexual abuse or sexual exploitation as defined in Section 1 -
1-105 of Title 10A of the Oklahoma Statutes;
3. Contributing to the delinquency of a minor as defined in
Section 856 of Title 21 of the Oklahoma Statutes;
4. Trafficking in children, as defined in Section 8 66 of Title
21 of the Oklahoma Statutes;
5. Incest as described in Section 885 of Title 21 of the
Oklahoma Statutes;
6. Forcible sodomy, as described in Section 888 of Title 21 of
the Oklahoma Statutes;
7. Maliciously, forcibly or fraudulently taki ng or enticing a
child away, as described in Section 891 of Tit le 21 of the Oklahoma
Statutes;
8. Soliciting or aiding a minor child to perform or showing,
exhibiting, loaning or distributing obscene material or child
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pornography sexual abuse material , as described in Section 1021 of
Title 21 of the Oklahoma Statutes;
9. Procuring or causing the participation of any minor chi ld in
any child pornography sexual abuse material or knowingly possessing,
procuring or manufacturing child pornography sexual abuse material,
as described in Section 1021.2 of Title 21 of the Oklahoma Statute s;
10. Permitting or consenting to the parti cipation of a minor
child in any child pornography sexual abuse material , as described
in Section 1021.3 of Title 21 of the Oklahoma Statut es;
11. Facilitating, encouraging, offering or soliciting sexu al
conduct with a minor, as describ ed in Section 1040.13 a of Title 21
of the Oklahoma Statutes;
12. Offering or offering to secure a mi nor child for the
purposes of prostitution or any ot her lewd or indecent act, as
described in Section 1087 of Title 21 of the Okl ahoma Statutes;
13. Causing, inducing, persu ading or encouraging a minor child
to engage or continue to engage in prostitution, as described in
Section 1088 of Title 21 of the Oklahom a Statutes;
14. Rape or rape by instrumentation, as described in Sections
1111.1 and 1114 of Titl e 21 of the Oklahoma Statutes; and
15. Making any oral, written or electronically or computer -
generated lewd or indecent proposals to a minor child unde r the age
of sixteen (16) as described in Section 1123 of Title 21 of the
Oklahoma Statutes.
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SECTION 47. AMENDATORY 74 O.S. 2021, Section 151.1, is
amended to read as follows:
Section 151.1. A. The Oklahoma State Bureau of Investigati on
shall establish an Internet Crimes Against Children (ICAC) u nit for
the primary purpose of inve stigating Internet crimes committed
against children, including, but not limited t o, offenses related to
child pornography sexual abuse material and solicitation of minors
for pornography, prostitution or sex -related offenses. The unit
shall additionally promote safe Internet u se among children and
their parents by various media or printed -material campaigns or by
offering educational programs to schools or co mmunities throughout
this state. The Bureau shall employ suffi cient employees to
investigate and implement the ICAC unit.
B. The Director of the Oklahoma State Bureau of Investig ation
is hereby authorized to enter into local cooperative agr eements with
local law enforcement agencies for the purpose of appointing ICAC
Affiliate Task Force Agents to assist the ICAC unit of t he Bureau.
ICAC Affiliate Task Force Agents shall be employees and commissioned
law enforcement officers of the local law enforcement agency
entering into agreement with the Oklahoma State Bureau o f
Investigation and shall not be em ployees of the Bureau. I CAC
Affiliate Task Force Agents shall have general peace officer powers
and the authority to arre st persons throughout the state for the
purpose of investigating Internet crimes committed against children
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including, but not limited to, offenses related t o child pornography
sexual abuse material, solicitation of minors for pornography,
prostitution or sex-related offenses. ICAC Affiliat e Task Force
Agents shall promote safe Internet use among child ren and parents of
children by various media or printed -material campaigns or by
offering educational programs to sch ools or communities throughout
Oklahoma. The Director of the Bureau may renew, suspend or revoke
any agreement appointing an ICAC Affiliate Task Forc e Agent at any
time. ICAC Affiliate Task Force Agents serve solely at the
discretion and will of the Director of the Oklahoma State Burea u of
Investigation.
SECTION 48. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 20, 2024 - DO PASS