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SENATE FLOOR VERSION
April 22, 2025
ENGROSSED HOUSE
BILL NO. 1217 By: West (Kevin) and Maynard of
the House
and
Bullard of the Senate
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;
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3. "Minor" means an unmarried person under eighteen (18) years
of age; and
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 ente ring 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 fo r 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 performa nce.
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 subsectio n B of
this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment 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.
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D. The provisions of this section shall preempt any ordinance,
regulation, or restriction that wa s lawfully adopted or license that
was issued by a political subdivision of this state prior to the
effective date of this act 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 t his act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 22, 2025 - DO PASS