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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1153 By: Banning
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1040.8, as amended by Section
18, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.8), which relates to the Oklahoma Law on
Obscenity and Child Sexual Abuse Material; increasing
penalties for certain unlawful act; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040 .8, as
amended by Section 18, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.8), is amended to read as follows:
Section 1040.8. A. No person shall knowingly photogra ph, act
in, pose for, model for, print, sell, offer for sale, give away,
exhibit, publish, offer to publish, or otherwise distribute,
display, or exhibit any book, magazine, story, pamphlet, paper,
writing, card, advertisement, circular, print, picture, ph otograph,
motion picture film, electronic video game or recording, image,
cast, slide, figure, instrument, statue, drawing, presentation, or
other article which is obscene material or child sexual abuse
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material, as defined in Section 1024.1 of this title. In the case
of any unsolicited mailing of any of the material listed in this
section, the offense is deemed complete from the time such material
is deposited in any post office or delivered to any person with
intent that it shall be forwarded. Also, unl ess preempted by
federal law, no unsolicited mail which is harmful to minors p ursuant
to Section 1040.75 of this title shall be mailed to any person. The
party mailing the materials specified in this section 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 materials, upon conviction, shall be guilty of a
misdemeanor felony and shall be punished by imprisonment in the
county jail custody of the Department of Corrections for not more
less than one (1) year and not more than three (3) years , 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 violates any provision of this section
involving child sexual abuse material, upon conviction, shall be
guilty of a felony and shall be punished by imprisonment in the
custody of the Department of Corrections for not less tha n three (3)
years and not more than twenty (20) years, or by a fine of not les s
than Ten Thousand Dollars ($10,000.00), or by both such fine and
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imprisonment. Any person convicted of a second or subsequent
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, or by a fine of not less
than Twenty Thousand Dollars ($20,000.00), or by both such fine and
imprisonment. The violator, upo n conviction, shall be required to
register as a sex offender under the Sex Of fenders Registration Act.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10078 GRS 12/23/24