Oklahoma 2025 Regular Session

Oklahoma House Bill HB1153 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1153 By: Banning
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38	38	AS INTRODUCED
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40	40	An Act relating to crimes and punishments; amending
41	41	21 O.S. 2021, Section 1040.8, as amended by Section
42	42	18, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
43	43	Section 1040.8), which relates to the Oklahoma Law on
44	44	Obscenity and Child Sexual Abuse Material; increasing
45	45	penalties for certain unlawful act; and providing an
46	46	effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
53	53	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040 .8, as
54	54	amended by Section 18, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
55	55	Section 1040.8), is amended to read as follows:
56	56	Section 1040.8. A. No person shall knowingly photogra ph, act
57	57	in, pose for, model for, print, sell, offer for sale, give away,
58	58	exhibit, publish, offer to publish, or otherwise distribute,
59	59	display, or exhibit any book, magazine, story, pamphlet, paper,
60	60	writing, card, advertisement, circular, print, picture, ph otograph,
61	61	motion picture film, electronic video game or recording, image,
62	62	cast, slide, figure, instrument, statue, drawing, presentation, or
63	63	other article which is obscene material or child sexual abuse
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90	90	material, as defined in Section 1024.1 of this title. In the case
91	91	of any unsolicited mailing of any of the material listed in this
92	92	section, the offense is deemed complete from the time such material
93	93	is deposited in any post office or delivered to any person with
94	94	intent that it shall be forwarded. Also, unl ess preempted by
95	95	federal law, no unsolicited mail which is harmful to minors p ursuant
96	96	to Section 1040.75 of this title shall be mailed to any person. The
97	97	party mailing the materials specified in this section may be
98	98	indicted and tried in any county wherein such material is deposited
99	99	or delivered, or in which it is received by the person to whom it is
100	100	addressed.
101	101	B. Any person who violates any provision of this section
102	102	involving obscene materials, upon conviction, shall be guilty of a
103	103	misdemeanor felony and shall be punished by imprisonment in the
104	104	county jail custody of the Department of Corrections for not more
105	105	less than one (1) year and not more than three (3) years , or by a
106	106	fine of not less than Two Thousand Dollars ($2,000.00), or by both
107	107	such fine and imprisonment.
108	108	C. Any person who violates any provision of this section
109	109	involving child sexual abuse material, upon conviction, shall be
110	110	guilty of a felony and shall be punished by imprisonment in the
111	111	custody of the Department of Corrections for not less tha n three (3)
112	112	years and not more than twenty (20) years, or by a fine of not les s
113	113	than Ten Thousand Dollars ($10,000.00), or by both such fine and
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140	140	imprisonment. Any person convicted of a second or subsequent
141	141	violation shall, upon conviction, be punished by imprisonment in the
142	142	custody of the Department of Corrections for not less than ten (10)
143	143	years and not more than thirty (30) years, or by a fine of not less
144	144	than Twenty Thousand Dollars ($20,000.00), or by both such fine and
145	145	imprisonment. The violator, upo n conviction, shall be required to
146	146	register as a sex offender under the Sex Of fenders Registration Act.
147	147	SECTION 2. This act shall become effective November 1, 2025.
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149	149	60-1-10078 GRS 12/23/24