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ENGROSSED HOUSE
BILL NO. 1861 By: Roberts and Ford of the
House
and
Weaver of the Senate
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 OF OKLAHOMA:
SECTION 1. AMENDATORY 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), is amended to read as follows:
Section 1031. A. Except as provided in subsection 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 imprisonment in the county jail
for not less than thirty (30) days nor more than one (1) year or by
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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) upon the third or subseq uent convictions for
violation of any of such provisions, or by both su ch 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 which any such conviction is had shall notify the
county superintendent of public health of su ch 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
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not more than Fifteen Thousand Dollars ($15,000.00) upon the third
or subsequent convictions.
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, upon conviction, be guil ty 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 T housand 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) upon 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 which any such
conviction is had shall notify the county superintendent of public
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.
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Passed the House of Representatives the 3rd day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate