Oklahoma 2025 Regular Session

Oklahoma House Bill HB1861 Compare Versions

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3-SENATE FLOOR VERSION - HB1861 SFLR Page 1
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29-SENATE FLOOR VERSION
30-April 15, 2025
31-AS AMENDED
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3328 ENGROSSED HOUSE
3429 BILL NO. 1861 By: Roberts and Ford of the
3530 House
3631
3732 and
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3934 Weaver of the Senate
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4136
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4439
45-[ crimes and punishments - Oklahoma Law on Obscenity
46-and Child Pornography - prostitution-related offense
47-- effective date ]
40+
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42+An Act relating to crimes and punishments; amending
43+21 O.S. 2021, Section 1031, as last amended by
44+Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp.
45+2024, Section 1031), which relates to the Oklahoma
46+Law on Obscenity and Child Pornography; providing
47+statutory reference for prostitution-related offense;
48+and providing an effective date .
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5356 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5457 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1031, as
5558 last amended by Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp.
5659 2024, Section 1031), is amended to read as follows:
5760 Section 1031. A. Except as provided in subsection B, C, D, or
5861 E of this section, any person violating any of the provisions of
5962 paragraph 1, 2, 3, or 5 of subsection A of Section 1029 or Section
6063 1030 of this title shall, upon conviction, be guilty of a
6164 misdemeanor and shall be punished by imprisonment in the county jail
6265 for not less than thirty (30) days nor more than one (1) year or by
63-fines as follows: a fine not more than Two Thousand Five Hundred
64-Dollars ($2,500.00) upon the first c onviction for violation of any
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92+fines as follows: a fine not more than Two Thousand Five Hundred
93+Dollars ($2,500.00) upon the first conviction for violation of any
9294 of such provisions, a fine not more than Five Thousand Dollars
9395 ($5,000.00) upon the second conviction for violation of any of such
9496 provisions, and a fine not more than Seven Thousand Five Hundred
9597 Dollars ($7,500.00) upon the third or subseq uent convictions for
9698 violation of any of such provisions, or by both su ch imprisonment
9799 and fine. In addition, the court may require a term of community
98100 service not less than forty (40) nor more than eighty (80) hours.
99101 The court in which any such conviction is had shall notify the
100102 county superintendent of public health of su ch conviction.
101103 B. Any person who engages in an act of prostitution with
102104 knowledge that he or she is infected with the human immunodeficiency
103105 virus shall, upon conviction, be guilty of a felony punishable by
104106 imprisonment in the custody of the Department of Corrections for not
105107 more than five (5) years.
106108 C. Any person who engages in an act of child prostitution as
107109 defined in Section 1030 of this title shall, upon conviction, be
108110 guilty of a felony punishable by imprisonment in the custody of the
109111 Department of Corrections for not more than ten (10) years and by
110112 fines as follows: a fine not more than Five Thousand Dollars
111113 ($5,000.00) upon the first conviction, a fine not more than Ten
112114 Thousand Dollars ($10,000.00) upon the second conviction, and a fine
113-not more than Fifteen Thousand Dollars ($15,000.00) upon the third
114-or subsequent convictions.
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141+not more than Fifteen Thousand Dollars ($15,000.00) upon the third
142+or subsequent convictions.
142143 D. Any person violating any of the provisions of Section 1029
143144 or 1030 of this title within one thousand (1,000) feet of a school
144145 or church shall, upon conviction, be guil ty of a felony and shall be
145146 punished by imprisonment in the custody of the Department of
146147 Corrections for not more than five (5) years or by fines as follows:
147148 a fine not more than Two T housand Five Hundred Dollars ($2,500.00)
148149 upon the first conviction for violation of any of such provisions, a
149150 fine not more than Five Thousand Dollars ($5,000.00) upon the second
150151 conviction for violation of any of such provisions, and a fine not
151152 more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the
152153 third or subsequent convictions for violation of any of such
153154 provisions, or by both such imprisonment and fine. In addition, the
154155 court may require a term of community service not less than forty
155156 (40) nor more than eighty (80) hours. The court in which any such
156157 conviction is had shall notify the county superintendent of public
157158 health of such conviction.
158159 E. Any person violating paragraph 4 of subsection A of Section
159160 1029 of this title shall, upon conviction, be guilty of a felony and
160-shall be punished in accordance with the provisions of paragraphs 1,
161+shall be punished in accordance with the provisions of paragraph 1,
161162 2, and 4 of subsection B of Section 1040.57 of this title.
162163 SECTION 2. This act shall become effective November 1, 2025.
163-COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
164-April 15, 2025 - DO PASS AS AMENDED
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191+Passed the House of Representatives the 3rd day of March, 2025.
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196+ Presiding Officer of the House
197+ of Representatives
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201+Passed the Senate the ___ day of __________, 2025.
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