Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1217 Introduced / Bill

Filed 01/15/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 1217 	By: West (Kevin) 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to obscene material; defining terms; 
making certain acts unlawful; providing exemption 
from liability under certain circumstances; providing 
penalties; providing preemption provisions; providing 
for codification; and declaring an emergency . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1024.6 of Title 21, unless there 
is created a duplication in numbering, reads as follows: 
A.  As used in this section: 
1.  "Adult performance" means any performance that contains 
obscene material, if done in view of a minor or in a public place; 
2.  "Obscene material" shall have the same meaning as such term 
is defined in subsection B of Section 1024.1 of Title 21 of the 
Oklahoma Statutes; 
3.  "Minor" means an unmarried person under eighteen (18) years 
of age; and   
 
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4.  "Public place" means any area or space that the general 
public may freely access without payment for admission; provided, 
however, any place that limits access pursuant to an admissions 
process or that restricts minors from entering the area or space to 
participate or take part in any event shall be exempt from the 
provisions of this section. 
B.  1.  It shall be unlawful for a person to engage in an adult 
performance which contains obscene material, or for any political 
subdivision of this state to allow, permit, organize, or authorize 
the viewing of an adult performance which contains obscene material, 
on public property or in a public place where a minor, as part of 
the general public, will be exposed to view such adult performance. 
2.  A political subdivision acting in good faith in accordance 
with the requirements of this subsection shall not be liable for the 
acts of an individual or group in violation of this subsection. 
C.  Any person who violates the provisions of subsection B of 
this section shall, upon conviction, be guilty of a misdemeanor 
punishable by imprisonm ent in a county jail for a term not exceeding 
one (1) year, or by a fine of not less than Five Hundred Dollars 
($500.00) and not exceeding One Thousand Dollars ($1,000.00), or by 
both such fine and imprisonment. 
D.  The provisions of this section shall preempt any ordinance, 
regulation, or restriction that was lawfully adopted or license that 
was issued by a political subdivision of this state prior to the   
 
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effective date of this a ct that is in conflict with the provisions 
of this section. 
SECTION 2.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall ta ke effect and 
be in full force from and after its passage and approval. 
 
60-1-10554 GRS 12/12/24