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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
ENGROSSED SENATE
BILL NO. 53 By: Rader of the Senate
and
West (Tammy) of the House
An Act relating to child sexual abuse material;
amending Section 1, Chapter 181, O.S.L. 2024 (15 O.S.
Supp. 2024, Section 791), which relates to
definitions; modifying term; 21 O.S. 2021, Section
843.5, as amended by Section 2, Chapter 151, O.S.L.
2024 (21 O.S. Supp. 2024, Section 843.5), which
relates to child abuse; modifying term; amending 21
O.S. 2021, Section 1040.12a, as amended by Section 3,
Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024, Section
1040.12a), which relates to possession of child
sexual abuse material; modifying term; amending 21
O.S. 2021, Section 1024.1, as amended by Section 2,
Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024, Section
1024.1), which relates to definitions; modifying
term; updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 181, O.S.L.
2024 (15 O.S. Supp. 2024, Section 791), is amended to read as
follows:
Section 791. As used in this act:
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1. “Child pornography” sexual abuse material ” means the same as
used in Section 1024.1 of Title 21 of the Oklahoma Statutes;
2. “Child sexual exploitation ” means the same as used in
Section 843.5 of Title 21 of the Oklahoma Statutes;
3. “Commercial entity” means a corporation, limited liability
company, partnership, limited partnership, sole proprietorship, or
other legally recognized entity;
4. “Digitized identification card” means a data file available
on any mobile device, which has connectivity to the Internet,
through a state-approved application that allow s the mobile device
to download the data file from a state agency or any authorized
agent of a state agency that contains all of the data elements
visible on the face and back of a license or identification card and
displays the current state of the licens ed or identification card;
5. “Distribute” means to issue, sell, give, provide, deliver,
transfer, transmit, circulate, or disseminate by any means;
6. “Harmful to minors” means the same as terms defined in
Sections Section 1040.75 through 1040.77 of Title 21 of the Oklahoma
Statutes;
7. “Internet” means the international computer network of both
federal and nonfederal interoperable packet switched data networks;
8. “Minor” means any person eighteen (18) years of age or
younger;
9. “News-gathering organization” means any of the following:
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a. an employee of a newspaper, news publication, or news
source, printed or on an online or mobile platform, of
current news and public interest, while operating as
an employee as provided in this subsection, who can
provide documentation of such employment with the
newspaper, news publication, or news source, or
b. an employee of a radio broadcast station, television
broadcast station, cable television operator, or wire
service while operating as an employee as provide d in
this subsection, who can provide documentation of such
employment;
10. “Obscene material” “Obscene” means the same as used in
Section 1024.1 of Title 21 of the Oklahoma Statutes;
11. “Publish” means to communicate or make information
available to another person or entity on a publicly available
Internet website;
12. “Reasonable age verification methods ” means verifying that
the person seeking access to the available material is eighteen (18)
years of age or older by using the following methods:
a. use of a digitized identification card as defined in
this section,
b. verification through an independent, third-party age
verification service that compares the personal
information entered by the individual who is seeking
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access to the material that is av ailable from a
commercially available database, or aggregate of
databases, that is regularly used by government
agencies and businesses for purpose of age and
identity verification, or
c. any commercially reasonable method that relies on
public or private transactional data to verify the age
of the person attempting to access the material;
13. “Substantial portion” means when more than a third of the
total material available on the website meets the definition of
material harmful to minors as defined in th is section; and
14. “Transactional data” means a sequence of information that
documents as exchange, agreement, or transfer between an individual,
commercial entity, or a third party used for the purpose of
satisfying a request or event. Transactional da ta may include, but
not be limited to, records from mortgage, education, and employment
entities.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 843.5, as
amended by Section 2, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 843.5), is amended to read as follows:
Section 843.5. A. Any person who shall willfully or
maliciously engage in child abuse, as defined in this section,
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Departm ent of Corrections not
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exceeding life imprisonment, or by imprisonment in a county jail not
exceeding one (1) year, or by a fine of not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
or both such fine and imprison ment.
B. Any person responsible for the health, safety , or welfare of
a child who shall willfully or maliciously engage in enabling child
abuse, as defined in this section, shall, upon conviction, be
punished by imprisonment in the custody of the Departme nt of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00), or both such fine and imprisonm ent.
C. Any person responsible for the health, safety , or welfare of
a child who shall willfully or maliciously engage in child neglect,
as defined in this section, shall, upon conviction, be punished by
imprisonment in the custody of the Department of Co rrections not
exceeding life imprisonment, or by imprisonment in a county jail not
exceeding one (1) year , or by a fine of not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
or both such fine and imprisonment.
D. Any parent or other person who shall willfully or
maliciously engage in enabling child neglect shall, upon conviction,
be punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
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county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor mor e than Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment.
E. Any person responsible for the health, safety , or welfare of
a child who shall willfully or maliciously engage in child sexual
abuse, as defined in this section, shall, upon conviction, be
punished by imprisonment in the custody of the Department of
Corrections not exceeding life imprisonment, or by imprisonment in a
county jail not exceeding one (1) year, or by a fine of not less
than Five Hundred Dollars ($500.00) nor more t han Five Thousand
Dollars ($5,000.00), or both such fine and imprisonment, except as
provided in Section 51.1a of this title or as otherwise provided i n
subsection F of this section for a child victim under twelve (12)
years of age. Except for persons sentenced to life or life without
parole, any person sentenced to imprisonment for two (2) years or
more for a violation of this subsection shall be requi red to serve a
term of post-imprisonment supervision pursuant to subparagraph f of
paragraph 1 of subsect ion A of Section 991a of Title 22 of the
Oklahoma Statutes under conditions determined by the Department of
Corrections. The jury shall be advised tha t the mandatory post -
imprisonment supervision shall be in addition to the actual
imprisonment.
F. Any person responsible for the health, safety , or welfare of
a child who shall willfully or maliciously engage in child sexual
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abuse, as defined in this sect ion, to a child under twelve (12)
years of age shall, upon conviction, be punished by imprisonment in
the custody of the Department of Corrections for not less than
twenty-five (25) years nor more than life imprisonment, and by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000.00).
G. Any parent or other person who shall willfully or
maliciously engage in enabling child sexual abuse shall, upon
conviction, be punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exceedin g one (1) year, or by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.
H. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, shall, upon
conviction, be punished by imprisonment in the custody of the
Department of Corrections not exceeding life imprisonmen t, or by
imprisonment in a county jail not exceeding one (1) year, or by a
fine of not less than Five Hun dred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment, except as provided in subsection I of this section for
a child victim under twelve (12) years of age. Except for persons
sentenced to life or life without parole, any person sentenced to
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imprisonment for two (2) years or more for a violation of this
subsection shall be required to serve a term of post-imprisonment
supervision pursuant to subparagraph f of paragraph 1 of subsection
A of Section 991a of Title 22 of the Oklahoma Statutes under
conditions determined by the Department of Corrections. The jury
shall be advised that the mandatory post -imprisonment supervision
shall be in addition to the actual imprisonment.
I. Any person who shall willfully or maliciously engage in
child sexual exploitation, as defined in this section, of a child
under twelve (12) years of age shall, upon conviction, be punished
by imprisonment in the custody of the Department of Corrections for
not less than twenty -five (25) years nor more than life
imprisonment, and by a fine of not less than Five Hundred Dollars
($500.00) nor more than Five Thousand Dollars ($5,000.00) .
J. Any person responsible for the health, safety , or welfare of
a child who shall willfully or maliciously engage in enabling child
sexual exploitation, as defined in this section, shall, upon
conviction, be punished by imprisonment in the custody of th e
Department of Corrections not exceeding life imprisonment, or by
imprisonment in a county jail not exce eding one (1) year, or by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Five Thousand Dollars ($5,000.00), or both such fine and
imprisonment.
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K. Notwithstanding any other provision of law, any person
convicted of forcible anal or oral sodomy, rape, rape by
instrumentation, or lewd molestation of a child under fourteen (14)
years of age subsequent to a previous conviction for any offense of
forcible anal or oral sodomy, rape, rape by instrumentation, or lewd
molestation of a child un der fourteen (14) years of age shall be
punished by death or by imprisonment for life without parole.
L. Provided, however, that nothing contained in this section
shall prohibit any parent or guardian from using reasonable and
ordinary force pursuant to Section 844 of this title.
M. Consent shall not be a defense for any violation provided
for in this section.
N. Notwithstanding the age requirements o f other statutes
referenced within this section, this section shall apply to any
child under eighteen (18 ) years of age.
O. As used in this section:
1. “Child abuse” means:
a. the willful or malicious harm or threatened harm or
failure to protect from ha rm or threatened harm to the
health, safety, or welfare of a child under eighteen
(18) years of age by a person responsible for a
child’s health, safety, or welfare, or
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b. the act of willfully or maliciously injuring,
torturing, or maiming a child under ei ghteen (18)
years of age by any person;
2. “Child neglect” means the willful or malicious neglect, as
defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
a child under eighteen (18) years of age by a person responsible for
a child’s health, safety, or welfare;
3. “Child sexual abuse” means the willful or malicious sexual
abuse of a child under eighteen (18) years of age by a person
responsible for a child ’s health, safety, or welfare and includes,
but is not limited to:
a. sexual intercourse,
b. penetration of the vagina or anus, however slight, by
an inanimate object or any part of the huma n body not
amounting to sexual intercourse,
c. sodomy,
d. incest, or
e. a lewd act or proposal, as defined in this section;
4. “Child sexual exploitat ion” means the willful or malicious
sexual exploitation of a child under eighteen (18) years of age by
another and includes, but is not limited to:
a. human trafficking, as provided for in Section 748 of
this title, if the offense involved child traffickin g
for commercial sex,
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b. trafficking in children, as provided for in Section
866 of this title, if the of fense was committed for
the sexual gratification of any person,
c. procuring or causing the participation of a minor in
child pornography sexual abuse material, as provided
for in Section 1021.2 of this title,
d. purchase, procurement , or possession of child
pornography sexual abuse material , as provided for in
Section 1024.2 of this title,
e. engaging in or soliciting prostitution, as provided
for in Section 1029 of this title, if the offense
involved child sex trafficking,
f. publication, distribution , or participation in the
preparation of obscene material, as provided for in
Section 1040.8 of this title, if the offense involved
child pornography sexual abuse material,
g. aggravated possession of child pornography sexual
abuse material, as provided for in Section 1040.12a of
this title,
h. sale or distribution of obscene material, as provided
for in Section 1040.13 of this title,
i. soliciting sexual co nduct or communication with a
minor by use of technology, as provided for in Section
1040.13a of this tit le,
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j. offering or transporting a child for purposes of child
sex trafficking, as provided for in Section 1087 of
this title, and
k. child sex trafficking, as provided for in Section 1088
of this title;
5. “Enabling child abuse ” means the causing, procuring , or
permitting of child abuse by a person responsible for a child ’s
health, safety, or welfare;
6. “Enabling child neglect ” means the causing, proc uring, or
permitting of child neglect by a person responsible for a child ’s
health, safety, or welfare;
7. “Enabling child sexual abuse ” means the causing, procuring ,
or permitting of child sexual abuse by a person responsible for a
child’s health, safety, or welfare;
8. “Enabling child sexual exploitation ” means the causing,
procuring, or permitting of child sexual exploitation by a person
responsible for a child ’s health, safety, or welfare;
9. “Incest” means marrying, committing adultery , or fornicating
with a child by a person responsible for the health, safety , or
welfare of a child;
10. “Lewd act or proposal” means:
a. making any oral, written , or electronic or computer -
generated lewd or indecent proposal to a child for the
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child to have unlawful s exual relations or sexual
intercourse with any person,
b. looking upon, touching, mauling , or feeling the body
or private parts of a child in a lewd or lascivious
manner or for the purpose of sexual gratification,
c. asking, inviting, enticing , or persuading any child to
go alone with any person to a secluded, remote , or
secret place for a lewd or lascivious purpose,
d. urinating or defecating upon a child or causing,
forcing, or requiring a child to defecate or urinate
upon the body or private parts of ano ther person for
the purpose of sexual gratification,
e. ejaculating upon or in the presence of a child,
f. causing, exposing, forcing , or requiring a child to
look upon the body or private parts of another person
for the purpose of sexual gratification,
g. causing, forcing, or requiring any child to view any
obscene materials, child pornography sexual abuse
material or materials deemed harmful to minors as such
terms are defined in Sections 1024.1 and 1040.75 of
this title,
h. causing, exposing, forcing , or requiring a child to
look upon sexual acts performed in the presence of the
child for the purpose of sexual gratification, or
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i. causing, forcing, or requiring a child to touch or
feel the body or private parts of the child or another
person for the purpo se of sexual gratification;
11. “Permit” means to authorize or allow for the care of a
child by an individual when the person authorizing or allowing such
care knows or reasonably should know that the child will be placed
at risk of the conduct or harm pr oscribed by this section;
12. “Person responsible for a child ’s health, safety, or
welfare” for purposes of this section shall include, but not be
limited to:
a. the parent of the child,
b. the legal guardian of the child,
c. the custodian of the child,
d. the foster parent of the child,
e. a person eighteen (18) years of age or older with whom
the parent of the child cohabitates, who is at least
three (3) years older than the child,
f. any other person eighteen (18) years of age or older
residing in the home of the child, who is at least
three (3) years older than the child,
g. an owner, operator, agent, employee , or volunteer of a
public or private residential home, institution,
facility, or day treatment program, as defined in
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Section 175.20 of Title 10 of the Oklahoma Statutes,
that the child attended,
h. an owner, operator, agent, employee , or volunteer of a
child care facility, as defined in Section 402 of
Title 10 of the Oklahoma Statutes, that the child
attended,
i. an intimate partner of the parent of the child, as
defined in Section 60.1 of Title 22 of the Oklahoma
Statutes, or
j. a person who has voluntarily accepted responsibility
for the care or supervision of a child;
13. “Sexual intercourse” means the actual penetration, however
slight, of the vagina or anus by the penis; and
14. “Sodomy” means:
a. penetration, however slight, of the mouth of th e child
by a penis,
b. penetration, however slight, of the vagina of a person
responsible for a child ’s health, safety, or welfare,
by the mouth of a child,
c. penetration, however slight, of the mouth of the
person responsible for a child ’s health, safety, or
welfare by the penis of the child, or
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d. penetration, however slight, of the vagina of the
child by the mouth of the person responsible for a
child’s health, safety, or welfare.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 104 0.12a, as
amended by Section 3, Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.12a), is amended to read as follows:
Section 1040.12a. A. Any person who, with knowledge of its
contents, possesses one hundred (100) or more separate visual
depictions of child pornography sexual abuse material shall, upon
conviction, be guilty of aggravated possession of child pornography
sexual abuse material . The violator shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not exceeding life imprisonment and by a fine in an amount of
not more than Ten Thousand Dollars ($10,000.00). The violator, upon
conviction, shall be required to register as a sex offender under
the Sex Offenders Registration Act.
B. For purposes of this section:
1. Multiple copies of the same identical material shall each be
counted as a separate item; and
2. The terms “child pornography” sexual abuse material” and
“visual depictions” mean the same definitions provided by Section
1024.1 of this title.
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SECTION 4. AMENDATORY 21 O.S. 2021, Section 1024.1, as
amended by Section 2, Chapter 103, O.S.L. 2024 (21 O.S. Supp. 2024 ,
Section 1024.1), is amended to read as follows:
Section 1024.1. A. As used in Sections 1021, 1021.1 through
1021.4, Sections 1022, 1023, and Sections 1040.8 through 1040.24 of
this title, “child pornography” sexual abuse material ” means:
1. Any visual depiction of a child engaged in any act of
sexually explicit conduct;
2. Any visual depiction of a chil d that has been adapted,
altered, or modified so that the child depicted appears to be
engaged in any act of sexually explicit conduct; or
3. Any visual depiction that appears to be a child, regardless
of whether the image is a depiction of an actual child, a computer -
generated image, or an image altered to appear to be a child,
engaged in any act of sexually explicit conduct, and such visual
depiction is obscene.
B. Each visual depiction or individual image of child
pornography shall constitute a separat e item and act.
C. As used in Sections 1021 through 1024.4 and Sections 1040.8
through 1040.24 of this title:
1. “Child” means a person under eightee n (18) years of age;
2. “Obscene” means any performance or depiction, in any form or
on any medium, if said the material when taken as a whole:
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a. appeals to the prurient interest in sex as determined
by the average person applying the contemporary
standards of their community,
b. depicts, represents, or displays sexually explicit
conduct in a patently offen sive way, and
c. a reasonable person would find the material or
performance lacks serious literary, artistic,
educational, political, or scientific val ue;
3. “Performance” means any display, live, recorded, or
transmitted, in any form or medium;
4. “Sexually explicit conduct ” means any of the following
whether actual or simulated:
a. acts of sexual intercourse,
b. acts of oral and anal sodomy,
c. acts of masturbation,
d. acts of sexual activity with an animal,
e. acts of sadomasochism including:
(1) flagellation or torture by or upon any person who
is nude or clad in undergarments or in a costume
which is of a revealing nature, or
(2) the condition of being fettered, bound, or
otherwise physically restrained on the part of
one who is nude or so clothed,
f. acts of excretion in a sexual context, or
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g. exhibiting genitalia, breast, or pubic area for the
purpose of the sexual stimulation of the viewer;
5. “Explicit child pornography” sexual abuse material ” means
material which a law enforcement officer can im mediately identify as
child pornography sexual abuse material ; and
6. “Visual depiction” means any depiction, picture, movie,
performance, or image di splayed, stored, shared, or transmitted in
any format and on any medium including data that is capable of being
converted into a depiction, picture, movie, performance, or image.
SECTION 5. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY , dated
04/17/2025 – DO PASS.