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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 593 By: Deevers
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Sections 1024.1, as amended by Section
2, Chapter 103, O.S.L. 2024, 1024.2, as amended by
Section 15, Chapter 59, O.S.L. 2024, and 1040.8, as
amended by Section 18, Chapter 59, O.S.L. 2024 (21
O.S. Supp. 2024, Sections 1024.1, 1024.2, and
1040.8), which relate to obscenity and child sexual
abuse material; updating statutory reference;
providing severability clause; authorizing civil
action; providing elements of certain award;
modifying elements of felony offense; creating felony
offenses; providing penalties; authorizing certain
relief; construing provision ; modifying elements of
misdemeanor offense; updating statutory language; and
providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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;
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2. Any visual depiction of a child 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 separate item and act.
C. As used in Sections 1021 through 1024.4 and Sections 1040.8
through 1040.24 of this ti tle:
1. “Child” means a person under eighteen (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:
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 offensive way, and
c. a reasonable person would find the material or
performance lacks serious literary, artist ic,
educational, political, or scientific value;
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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 intercour se,
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
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 immediately identify as
child pornography sexual abuse material ; and
6. “Unlawful pornography” means any visual depiction or
individual image stored or contained in any format on any me dium
including, but not limited to, film, motion picture, videotape,
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photograph, negative, undeveloped film, slide, photographic product,
reproduction of a photographic product, play, or performance in
which a person is engaged in any of the following acts with a
person:
a. sexual intercourse which is normal or perverted,
b. anal sodomy,
c. sexual activity with an animal,
d. sadomasochistic abuse,
e. flagellation or torture,
f. physical restraint such as binding or fettering in the
context of sexual conduct ,
g. fellatio or cunnilingus,
h. excretion in the context of sexual conduct,
i. lewd exhibition of the uncovered genitals in the
context of masturbation or other sexual conduct, and
j. lewd exhibition of the uncovered genitals, buttocks,
or, if such person is female, the breast, for the
purpose of sexual stimulation of the viewer; and
7. “Visual depiction” means any depiction, picture, movie,
performance, or image displayed, stor ed, 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.
D. It is the intent of the Legislature that every provision,
section, subsection, sentenc e, clause, phrase, or word in the
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definition of unlawful pornography is severable from each other,
such that if any of the listed items is found by a court to be
invalid or unconstitutional, the remaining items will be severed and
may not be affected. All constitutionally valid applications of
this section shall be severed from any application that a court
finds to be invalid, leaving the valid applications in force,
because it is the intent and priority of the Legislature that the
valid applications be al lowed to stand alone. Even if a reviewing
court finds a provision of this section to be an unconstitutional
restraint in a large or substantial fraction of relevant cases, the
applications that do not present an unconstitutional restraint shall
be severed from the remaining applications and shall remain in
force, and shall be treat ed as if the Legislature had enacted a
statute limited to the person, group of persons, or circumstances
for which the application of the statute does not present an
unconstitutional restraint on protected speech. If any court
declares or finds a provision of this section facially
unconstitutional, when discrete applications of that provision can
be enforced against a persons, group of persons, or circumstances
without violating the United States Constitution and Oklahoma
Constitution, those applications s hall be severed from all remaining
applications of the provision, and the provision shall be
interpreted as if the Legislature had enacted a provision limited to
the person, group of persons, or circumstances for which the
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provision’s application will not violate the United States
Constitution and Oklahoma Constitution.
E. The Legislature further declares that it would have enacted
this section, and each provision, subsection, se ntence, clause,
phrase, or word, and all constitutional applications of this
section, irrespective of the fact that any provision, subsection,
sentence, clause, phrase, or word, or application of this section,
were to be declared unconstitutional or to rep resent an
unconstitutional restraint. If any provision of this section is
found by any court to be unconstitutionally vague, then the
applications of that provision that do not present constitutional
vagueness problems shall be severed and remain in force . No court
may decline to enforce the severability requirements of this secti on
on the grounds that severance would rewrite the statute or involve
the court in legislative or lawmaking activity.
F. Each of the items of unlawful pornography in paragraph 6 of
subsection C of this section are depictions of sexual conduct which
are patently offensive under contemporary community standards in
this state, and have as their dominant theme an appeal to prurient
interest in sex under contemporary community standar ds of this
state, and may not be produced or distributed within the state if
they lack serious literary, artistic, educational, political, or
scientific purposes or value.
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G. Any person, other than an officer or employee of a state or
local governmental e ntity in this state, may bring a civil action
against any person who:
1. Produces or distributes unlawful pornography that lacks
serious literary, artistic, educational, political, or scientific
purposes or value;
2. Knowingly engages in conduct that aid s or abets the
production or distribution of unlawful pornography that lacks
serious literary, artistic, educational, political, or scientific
purposes or value; or
3. Intends to engage in the conduct provided for in paragraphs
1 and 2 of this subsection.
H. If a claimant prevails in an action brought under this
section, the court shall award:
1. Injunctive relief sufficient to prevent the defendant from
violating this section or engaging in acts that aid or abet
violations of this section;
2. Statutory damages not less than Ten Thousand Dollars
($10,000.00) for each image or dep iction produced or distributed
within this state; and
3. Court costs and attorney fees.
I. Notwithstanding any other provision of law, a court may not
award court costs or atto rney fees to a defendant in an action
brought under this section.
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SECTION 2. AMENDATORY 21 O.S. 2021, Section 1024.2, as
amended by Section 15, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1024.2), is amended to read as fo llows:
Section 1024.2. A. It shall be unlawful for any person to buy,
procure, view, traffic, or possess child:
1. Child sexual abuse material or obscene materials ; or
2. Unlawful pornography that lacks serious literary, artistic,
educational, politica l, or scientific purposes or value as defined
in violation of Sections Section 1024.1 through 1024.4 of this
title. Such
B. 1. A person who violates paragraph 1 of subsection A of
this section shall, upon conviction, be guilty of a felony and shall
be imprisoned punishable by imprisonment in the custody of the
Department of Corrections for a period of not more less than twenty
(20) ten (10) years or nor more than thirty (30 ) years, and a fine
up to, but not exceeding, Twenty -five Thousand Dollars ($25,00 0.00)
or by both such fine and imprisonment not to exceed Two Hundred
Fifty Thousand Dollars ($250,000.00) . A person who receives a
second or subsequent conviction pursuant to this subsection shall be
punished by imprisonment in the custody of the Departm ent of
Corrections for not less than fifteen (15) years nor more than fifty
(50) years and a fine not to exceed Three Hundred Thousand Dollars
($300,000.00).
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2. A person who violates paragraph 2 of subsection A of this
section shall, upon conviction, be g uilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for not
more than ten (10) years and a fine not to exceed One Hundred
Thousand Dollars ($100,000.00) for each violation.
3. For purposes of this section, “trafficking pornography”
means the production, sale, distribution, transportation, or
dissemination of pornography through any medium, including physical
or electronic means, for financial or material gain or with intent
to exploit.
a. Trafficking of child sexual abuse material or unlawful
pornography conducted through organized operations
shall be punishable by imprisonment in the custody of
the Department of Corrections for a term not more than
forty (40) years nor less than fifteen (15) years and
a fine not to exceed Five Hundred Thousand Dollars
($500,000.00).
b. Victims of trafficking offenses may recover statutory
damages not less than Fifty Thousand Dollars
($50,000.00) per occurrence, attorney fees, and
injunctive relief.
This section shall not be construed to prevent spouses from sending
images of a sexual nature to each other.
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SECTION 3. AMENDATORY 21 O.S. 2021, Section 1040.8, as
amended by Section 18, Chapter 59, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 1040.8), is amended to re ad as follows:
Section 1040.8. A. No person shall knowingly photograph, act
in, pose for, model for, print, sell, offer for sale, give away,
exhibit, publish, offer to publish, or otherwise distribute,
display, or exhibit any book, magazine, story, pamph let, paper,
writing, card, advertisement, circular, print, picture, photograph,
motion picture film, electronic video game or recording, image,
cast, slide, figure, instrument, statue, drawing, presentation, or
other article which is obscene material , unlawful pornography, or
child sexual abuse material, as defined in Section 1024.1 of this
title. In the case of any unsolicited mailing of any of the
material listed in this section, the offense is deemed complete from
the time such material is deposited in any post office or delivered
to any person with intent that it shall be forwarded. Also, unless
preempted by federal law, no unsolicited mail which is harmful to
minors pursuant to Section 1040.75 of this title shall be mailed to
any person. The party ma iling the materials specified in this
section may be indicted and tried in any county wherein such
material is deposited or delivered, or in which it is received by
the person to whom it is addressed.
B. Any person who violates any provision of this secti on
involving obscene materials or unlawful pornography , upon
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conviction, shall be guilty of a misdemeanor and shall be punished
by imprisonment in the county jail for not more than one (1) year,
or by a fine of not less than Two Thousand Dollars ($2,000.00 ), or
by both such fine and imprisonment.
C. Any person who violates any prov ision of this section
involving child sexual abuse material, upon conviction, shall be
guilty of a felony and shall be punished by imprisonment in the
custody of the Department o f Corrections for not less than three (3)
years and not more than twenty (20) years, or by a fine of not less
than Ten Thousand Dollars ($10,000.00), or by both such fine and
imprisonment. Any person convicted of a second or subsequent
violation shall, upon conviction, be punished by imprisonment in the
custody of the Department of Corrections for not less than ten (10)
years and not more than thirty (30) years, or by a fine of not less
than Twenty Thousand Dollars ($20,000.00), or by both such fine and
imprisonment. The violator, upon conviction, shall be required to
register as a sex offender under the Sex Offenders Registration Act.
SECTION 4. This act shall become effective November 1, 2025.
60-1-1324 CN 1/14/2025 8:54:28 AM