Under Oklahoma law, child pornography is defined as any kind of visual depiction of a child under 18 years of age who is engaged in sex, sodomy, sadomasochism, and the like.
Explicit pictures of the uncovered genitals, buttocks, or breasts of a minor as well as all depictions of a child for the purpose of the sexual stimulation of the viewer are strictly forbidden. Okla. Stat. tit. 21 § 1024.1
Oklahoma has a number of laws that cover child pornography, some of which overlap. Here are some of the laws involving child pornography and their consequences.
Creating, Selling, Distribution and Possession: All Are Crimes
Knowingly creating child pornography is a crime. So is procuring, counseling, or assisting any person to expose himself or herself. Also, making any exhibition of that person open to public view for the purpose of sexual stimulation is barred under Oklahoma pornography laws.
Creating child porn includes writing, composing, printing, photographing, designing, copying, drawing, engraving, painting, molding, or preparing the pornography in any way. This includes all types of mediums: physical and digital. So, keeping or downloading pornography images to or from a computer (or similar digital device such as a smartphone or tablet) is illegal.
Likewise, selling or distributing obscenity or child pornography is illegal.
The crime is a felony punishable by a fine from $500 to $20,000, by imprisonment from 30 days to 10 years, or both.
Involving a child in the production of child pornography is a very serious crime in Oklahoma. This could involve soliciting a child for that purpose or aiding or inducing a child to participate in that kind of work.
This crime is punishable by at least 10 years in prison.
If the child is under 12 years of age at the time, the crime is punishable by at least 25 years in prison.
Involving a child under the age of 18 in participating in the production of child pornography or knowingly possessing, obtaining, selling, or distributing indecent writings or pictures of children can be punished under another Oklahoma statute. Okla. Stat. tit. 21 § 1024.2
This statute mandates punishment of up to 20 years in prison, a fine of up to $25,000, or both.
Additional Information
Under Oklahoma pornography laws, consent of the minor or the minor’s parents is not a legal defense.
The term “knowingly” as used in the statute means that the defendant knew the nature and character of the contents of the pornography. It is not necessary that the defendant knew the exact content or that the defendant read or saw the content of the material involved. OUJI-CR 4-135C
In fact, if a parent consents to a minor’s involvement in pornography, that is a felony punishable by up to 20 years in prison, a fine up to $25,000, or both. Okla. Stat. tit. 21 § 1021.3
Oklahoma law places an affirmative duty to report child pornography upon film developers and processors and upon computer technicians who find child pornography in their work. They must report its presence to the police within 36 hours of its discovery.
Failure to do so is a misdemeanor punishable by a fine up to $500, a year in county jail, or both. Okla. Stat. tit. 21 § 1021.4
Knowingly posing for or photographing someone posing for obscene materials is a crime, whether children are involved or not. Likewise, being involved in the distribution, exhibition, unsolicited mailing, or sale of any such material is illegal.
This crime is a misdemeanor and is punishable by up to one year in the county jail, a fine of up to $2,000, or both.
However, if the acts involve child pornography, the crime is a felony punishable by a prison term of three to 20 years, a fine of up to $10,000, or both. The penalty increases with subsequent convictions. Okla. Stat. tit. 21 § 1040.8
Aggravated Child Pornography Laws
Finally, you can be convicted of aggravated possession of child pornography if you have 100 or more separate materials depicting child pornography. Multiple copies of the same identical material will be counted as separate items under Oklahoma pornography laws. Okla. Stat. tit. 21 § 1040.12a
If convicted under this statute, you could face life in prison, a fine of up to $10,000, or both.
Most of these crimes are felonies and most are ineligible for deferred sentences. That means that if convicted, you will spend most of that time in jail.
In addition, since these are sex crimes, if convicted, you will be required to register as a sex offender — which will impact your life for years after you are released from prison.
These crimes are serious in Oklahoma. If you are facing charges, get serious help.
Strategy Session with a Tulsa Criminal Law Defense Attorney
Wirth Law Office is here to help when you need it most. We offer an initial strategy session with an experienced Tulsa criminal law attorney to help you defend your legal rights.
Call 918-879-1681 for an initial strategy session or submit a question through this website.
