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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1861 By: Roberts
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1031, as last amended by
Section 2, Chapter 267, O.S.L. 2024 ( 21 O.S. Supp.
2024, Section 1031), which relates to the Oklahoma
Law on Obscenity and Child Pornography; providing
statutory reference for prostitution-related offense;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Sect ion 1031, as
last amended by Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp.
2024, Section 1031), is amended to read as follows:
Section 1031. A. Except as provided in subse ction B, C, D, or
E of this section, any person violating any of the provisions of
paragraph 1, 2, 3, or 5 of subsection A of Section 1029 or Section
1030 of this title shall, upon conviction, be guilty of a
misdemeanor and shall be punished by imprisonmen t in the county jail
for not less than thirty (30) days nor more than one (1) year or by
fines as follows: a fine not more than Two Thousand Five Hundred
Dollars ($2,500.00) upon the first conviction for violation of any
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of such provisions, a fine not mor e than Five Thousand Dollars
($5,000.00) upon the second conviction for violation of any of such
provisions, and a fine not more than Seven Thousand Five Hundred
Dollars ($7,500.00) upon the third or subsequent convictions for
violation of any of such prov isions, or by both such imprisonment
and fine. In addition, the court may req uire a term of community
service not less than forty (40) nor more than eighty (80) hours.
The court in which any such conviction is had shall notify the
county superintendent o f public health of such conviction.
B. Any person who engages in an act of prostitution with
knowledge that he or she is infected with the human immunodeficiency
virus shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for not
more than five (5) years.
C. Any person who engages in an act of child prostitution as
defined in Section 1030 of this title shall, upon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for not more than ten (10) years and by
fines as follows: a fine not more than Five Thousand Dollars
($5,000.00) upon the first conviction, a fine not more than Ten
Thousand Dollars ($10,000.00) upon the second conviction, and a fine
not more than Fifteen Thousand Dollars ($15,000.00) upon the third
or subsequent convictions.
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D. Any person violating any of the provisions of Section 1029
or 1030 of this title within one thousand (1,000) feet of a school
or church shall, upo n conviction, be guilty of a felony and shall be
punished by imprisonment in the custody of the Department of
Corrections for not more than five (5) years or by fines as follows:
a fine not more than Two Thousand Five Hundred Dollars ($2,500.00)
upon the first conviction for violation of any of such provisions, a
fine not more than Five Thousand Dollars ($5,000.00) upon the second
conviction for violation of any of such provisions, and a fine not
more than Seven Thousand Five Hundred Dollars ($7,500.00) up on the
third or subsequent convictions for violation of any of such
provisions, or by both such imprisonment and fine. In addition, the
court may require a term of community service not less than forty
(40) nor more than eighty (80) hours. The court in w hich any such
conviction is had shall notify the county superintendent of publ ic
health of such conviction.
E. Any person violating paragraph 4 of subsection A of Section
1029 of this title shall, upon conviction, be guilty of a felony and
shall be punished in accordance with the provisions of paragraph 1,
2, and 4 of subsection B of Section 1040.57 of this title.
SECTION 2. This act shall become effective November 1, 2025.
60-1-11703 GRS 12/31/24