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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1479 By: Treat
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1040.13b, which relates to the
Oklahoma Law on Obscenity and Ch ild Pornography;
modifying scope of certain unlawful acts; clarifying
penalty provisions; increasing penalty for certain
unlawful acts; providing for the prosecution of other
unlawful acts; making certain acts unlawful;
providing penalty; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.13b, is
amended to read as follows:
Section 1040.13b. A. As used in this section:
1. “Image” includes a photograph, film, videotape, d igital
recording or other depiction or portrayal of an object, including a
human body;
2. “Intimate parts” means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area or female
adult nipple; and
3. “Sexual act” means sexual intercourse including genital,
anal or oral sex.
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B. A person commits n onconsensual dissemination of private
sexual images when he or she:
1. Intentionally disseminates an image of another person :
a. who is at least eighteen (18) years of age,
b. who is identifiable from the image itself or
information displayed in connection with the image,
and
c. who is engaged in a sexual act or whose intimate parts
are exposed, in whole or in part;
2. Disseminates the image wit h the intent to harass, intimidate
or coerce the person, or under circumstances in which a reasonable
person would know or understand that dis semination of the image
would harass, intimidate or coerce the person;
3. Obtains the image under circumstances i n which a reasonable
person would know or understand that the image was to remain
private; and
4. Knows or a reasonable person should have kn own that the
person in
3. Disseminates the image has not consented to the
dissemination without the effective consent of the depicted person .
C. The provisions of this section shall not apply to the
intentional dissemination of an image of another identifiable person
who is engaged in a sexual act or whose intimate parts a re exposed
when:
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1. The dissemination is ma de for the purpose of a criminal
investigation that is otherwise lawful;
2. The dissemination is for the purpose of, or in connection
with, the reporting of unlawfu l conduct;
3. The images involve voluntary exp osure in public or
commercial settings; or
4. The dissemination serves a lawful p urpose.
D. Nothing in this section shall be construed to impose
liability upon the following entities solely as a result of content
or information provided by another person :
1. An interactive computer service, as de fined in 47 U.S.C.,
Section 230(f)(2);
2. A wireless service provider, as defined in Section 332(d) of
the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,
Federal Communications Commission rules, and the Omnibus Budget
Reconciliation Act o f 1993, Pub. L. No. 103 -66; or
3. A telecommunications network or broadband pr ovider.
E. A person convicted un der this section is subject to the
forfeiture provisions in Section 1040.54 of this title.
F. Any person who violates the provisions of subsection B of
this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in a county jail for not more than one
(1) year or by a fine of n ot more than One Thousand Dollars
($1,000.00), or both such fine and imprisonment .
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G. Any person who violates or attempts to violate the
provisions of subsection B of this section and who gains or attem pts
to gain financially any property or who gains or attempts to gain
anything of value as a result of the nonconsensual dissemination or
threatened dissemination of private sexual images shall, upon
conviction, be guilty of a felon y punishable by imprisonment in the
custody of the Department of Corrections for not more than four (4)
five (5) years. A second or subsequent violation of this subsec tion
shall be a felony punishable by i mprisonment in the custody of the
Department of Corrections for not more than ten (10) years and the
offender shall be required to register as a sex offender under the
Sex Offenders Registration Act.
H. The state shall not have the discretion to file a
misdemeanor charge, pursuant to Section 234 of Title 22 of th e
Oklahoma Statutes, for a violation pursuant to subsection G of thi s
section.
I. The court shall have the authority to order the defendant to
remove the disseminated image should the court find i t is in the
power of the defendant to do so.
J. Nothing in this section s hall prohibit the prosecution of a
person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,
1024.2, or 1040.12a of this title or any other applicable statute.
K. Any person who violates the provisions of subsection B of
this section by disseminating three or more images within a s ix-
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month period shall, upon conviction, be guil ty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for not more than ten (10) years.
SECTION 2. This act shall beco me effective November 1, 2024.
59-2-2669 CN 12/15/2023 6:27:57 PM