Penalties for Possession of Child Pornography

possession of child pornographyIn Oklahoma, possession of child pornography can land you in prison for years.

The law states that any person who obtains or causes a minor under the age of 18, to participate in child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography has committed a felony crime.

Penalties for Possession of Child Pornography

If you are caught in possession of a single image of child pornography or buying or procuring such an image, you could be subject to up to 20 years in prison and face a fine of up to $25,000. Okla. Stat. tit. 21 § 1024.2.

Persons convicted under this law are not eligible for a deferred sentence.

A person in violation of this Oklahoma statute may have dozens of such images stored on a computer.

Possession of child pornography must be done knowingly. It requires that the prosecution prove beyond a reasonable doubt that the defendant knew the nature and character of the contents of the property alleged to be pornographic. It is not necessary that the defendant knew the exact content or actually saw or read the material. OUJI-CR 4-135C

A conviction can ruin relationships with friends and family members and will forever alter your life. You are branded as a sex offender, and you must register as such.

What Constitutes Child Pornography?

The law discusses both the medium of the pornography and the content. The medium can be just about anything that carries a pornographic image of a child under the age of 18, including film, movies, videos, negatives, undeveloped film, slides, pictures, CDs, DVDs, computers, phones, and tablets.

The following depictions are expressly prohibited under laws against the possession of child pornography in Oklahoma:

  • a minor engaged in any kind of sexual act with a person or animal;
  • acts of ejaculation, urination, or defecation in a sexual context involving a child;
  • showing a minor in bondage or fettered;
  • any act of torture or binding restraining a child;
  • any act of oral sex involving a minor;
  • any act of masturbation involving a child;
  • the uncovered genitals, buttocks, or breasts of a minor; and
  • any depiction of a child for the purpose of sexual stimulation of the viewer.

Also prohibited is any obscene material that contains a description of sexual conduct with a child.

Material is considered obscene if:

  • a reasonable person would find it offensive; and
  • the average person would see the material as appealing to a person’s prurient sexual interests; and
  • the material lacks any real serious social or artistic or educational purpose.

Thus, a picture of a child on the lap of an older man who looks like her grandfather where the two are smiling radiantly for the camera probably is not pornographic.

However, a picture of the same pair in which the child appears to be doing a lap dance on the older man probably is obscene. If a picture like that is on your computer, you could be convicted of possession of child pornography.

What About “Sexting”?

Sexting may seem trivial. However, it is illegal in Oklahoma for a teenage boyfriend to have explicit pictures of his underage girlfriend that she “sexted” to him.

While we may not like the idea of teens engaging in this type of behavior, it seems a far cry from a 40-year-old male who carries explicit sexual pictures of a 12-year-old child on his computer or other electronic device. Nonetheless, “sexting” involving teens is considered child pornography.

It is important that if you are being charged with possession of child pornography in Oklahoma, that you contact an experienced Tulsa criminal defense attorney as soon as possible. Your attorney can help you understand what options may be open to you and will help you construct your best defense.

Free Consultation with Tulsa Lawyer

Don’t try to go this one alone. We are here to help and pride ourselves on providing the best in legal representation at reasonable prices.

If you would like a free consultation with a Tulsa, Oklahoma lawyer, call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452).

If you prefer written correspondence, you may submit a question through the form at the top right of this page.

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