45 | | - | [ crimes and punishments - Oklahoma Law on Obscenity |
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46 | | - | and Child Pornography - prostitution-related offense |
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47 | | - | - effective date ] |
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| 42 | + | An Act relating to crimes and punishments; amending |
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| 43 | + | 21 O.S. 2021, Section 1031, as last amended by |
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| 44 | + | Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp. |
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| 45 | + | 2024, Section 1031), which relates to the Oklahoma |
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| 46 | + | Law on Obscenity and Child Pornography; providing |
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| 47 | + | statutory reference for prostitution-related offense; |
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| 48 | + | and providing an effective date . |
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53 | 56 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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54 | 57 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1031, as |
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55 | 58 | | last amended by Section 2, Chapter 267, O.S.L. 2024 (21 O.S. Supp. |
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56 | 59 | | 2024, Section 1031), is amended to read as follows: |
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57 | 60 | | Section 1031. A. Except as provided in subsection B, C, D, or |
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58 | 61 | | E of this section, any person violating any of the provisions of |
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59 | 62 | | paragraph 1, 2, 3, or 5 of subsection A of Section 1029 or Section |
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60 | 63 | | 1030 of this title shall, upon conviction, be guilty of a |
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61 | 64 | | misdemeanor and shall be punished by imprisonment in the county jail |
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62 | 65 | | for not less than thirty (30) days nor more than one (1) year or by |
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92 | 94 | | of such provisions, a fine not more than Five Thousand Dollars |
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93 | 95 | | ($5,000.00) upon the second conviction for violation of any of such |
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94 | 96 | | provisions, and a fine not more than Seven Thousand Five Hundred |
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95 | 97 | | Dollars ($7,500.00) upon the third or subseq uent convictions for |
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96 | 98 | | violation of any of such provisions, or by both su ch imprisonment |
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97 | 99 | | and fine. In addition, the court may require a term of community |
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98 | 100 | | service not less than forty (40) nor more than eighty (80) hours. |
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99 | 101 | | The court in which any such conviction is had shall notify the |
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100 | 102 | | county superintendent of public health of su ch conviction. |
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101 | 103 | | B. Any person who engages in an act of prostitution with |
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102 | 104 | | knowledge that he or she is infected with the human immunodeficiency |
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103 | 105 | | virus shall, upon conviction, be guilty of a felony punishable by |
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104 | 106 | | imprisonment in the custody of the Department of Corrections for not |
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105 | 107 | | more than five (5) years. |
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106 | 108 | | C. Any person who engages in an act of child prostitution as |
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107 | 109 | | defined in Section 1030 of this title shall, upon conviction, be |
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108 | 110 | | guilty of a felony punishable by imprisonment in the custody of the |
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109 | 111 | | Department of Corrections for not more than ten (10) years and by |
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110 | 112 | | fines as follows: a fine not more than Five Thousand Dollars |
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111 | 113 | | ($5,000.00) upon the first conviction, a fine not more than Ten |
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112 | 114 | | Thousand Dollars ($10,000.00) upon the second conviction, and a fine |
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142 | 143 | | D. Any person violating any of the provisions of Section 1029 |
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143 | 144 | | or 1030 of this title within one thousand (1,000) feet of a school |
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144 | 145 | | or church shall, upon conviction, be guil ty of a felony and shall be |
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145 | 146 | | punished by imprisonment in the custody of the Department of |
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146 | 147 | | Corrections for not more than five (5) years or by fines as follows: |
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147 | 148 | | a fine not more than Two T housand Five Hundred Dollars ($2,500.00) |
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148 | 149 | | upon the first conviction for violation of any of such provisions, a |
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149 | 150 | | fine not more than Five Thousand Dollars ($5,000.00) upon the second |
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150 | 151 | | conviction for violation of any of such provisions, and a fine not |
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151 | 152 | | more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the |
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152 | 153 | | third or subsequent convictions for violation of any of such |
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153 | 154 | | provisions, or by both such imprisonment and fine. In addition, the |
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154 | 155 | | court may require a term of community service not less than forty |
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155 | 156 | | (40) nor more than eighty (80) hours. The court in which any such |
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156 | 157 | | conviction is had shall notify the county superintendent of public |
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157 | 158 | | health of such conviction. |
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158 | 159 | | E. Any person violating paragraph 4 of subsection A of Section |
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159 | 160 | | 1029 of this title shall, upon conviction, be guilty of a felony and |
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