Oklahoma § 21-1024.1 - See the following versions:

§ 21-1024.1. See the following versions:

OS 21-1024.1v1 (HB 3936, Laws 2024, c. 59, 14)

OS 21-1024.1v2 (SB 53, Laws 2025, c. 29, § 4)

§21-1024.1v1. Definitions.

A. As used in Sections 1021, 1021.1 through 1021.4, Sections

1022 through 1024, and Sections 1040.8 through 1040.24 of this

title, "child sexual abuse material" means and includes any visual

depiction or individual image stored or contained in any format on

any medium including, but not limited to, film, motion picture,

videotape, photograph, negative, undeveloped film, slide,

photographic product, reproduction of a photographic product, play

or performance wherein a minor under the age of eighteen (18) years

is engaged in any act with a person, other than his or her spouse,

of sexual intercourse which is normal or perverted, in any act of

anal sodomy, in any act of sexual activity with an animal, in any

act of sadomasochistic abuse including, but not limited to,

flagellation or torture, or the condition of being fettered, bound

or otherwise physically restrained in the context of sexual conduct,

in any act of fellatio or cunnilingus, in any act of excretion in

the context of sexual conduct, in any lewd exhibition of the

uncovered genitals in the context of masturbation or other sexual

conduct, or where the lewd exhibition of the uncovered genitals,

buttocks or, if such minor is a female, the breast, has the purpose

of sexual stimulation of the viewer, or wherein a person under the

age of eighteen (18) years observes such acts or exhibitions. Each

visual depiction or individual image shall constitute a separate

item and multiple copies of the same identical material shall each

be counted as a separate item.

B. As used in Sections 1021 through 1024.4 and Sections 1040.8

through 1040.24 of this title:

1. "Obscene material" means and includes any representation,

performance, depiction or description of sexual conduct, whether in

any form or on any medium including still photographs, undeveloped

photographs, motion pictures, undeveloped film, videotape, optical,

magnetic or solid-state storage, CD or DVD, or a purely photographic

product or a reproduction of such product in any book, pamphlet,

magazine, or other publication or electronic or photo-optical

format, if said items contain the following elements:

a.

depictions or descriptions of sexual conduct which are

patently offensive as found by the average person

applying contemporary community standards,

b.

taken as a whole, have as the dominant theme an appeal

to prurient interest in sex as found by the average

person applying contemporary community standards, and

c.

a reasonable person would find the material or

performance taken as a whole lacks serious literary,

Oklahoma Statutes - Title 21. Crimes and Punishments

artistic, educational, political, or scientific

purposes or value.

The standard for obscenity applied in this section shall not apply

to child sexual abuse material;

2. "Performance" means and includes any display, live or

recorded, in any form or medium;

3. "Sexual conduct" means and includes any of the following:

a.

acts of sexual intercourse including any intercourse

which is normal or perverted, actual or simulated,

b.

acts of deviate sexual conduct, including oral and

anal sodomy,

c.

acts of masturbation,

d.

acts of sadomasochistic abuse including but not

limited to:

(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,

e.

acts of excretion in a sexual context, or

f.

acts of exhibiting human genitals or pubic areas; and

4. "Explicit child sexual abuse material" means material which

a law enforcement officer can immediately identify upon first

viewing without hesitation as child sexual abuse material.

The types of sexual conduct described in paragraph 3 of this

subsection are intended to include situations when, if appropriate

to the type of conduct, the conduct is performed alone or between

members of the same or opposite sex or between humans and animals in

an act of apparent sexual stimulation or gratification.

Added by Laws 1981, c. 146, § 1, eff. Oct. 1, 1981. Amended by Laws

1984, c. 91, § 4, eff. Nov. 1, 1984; Laws 1996, c. 37, § 7, eff.

Nov. 1, 1996; Laws 2000, c. 208, § 8, eff. Nov. 1, 2000; Laws 2009,

c. 210, § 1, emerg. eff. May 19, 2009; Laws 2009, c. 457, § 2, eff.

July 1, 2009; Laws 2012, c. 115, § 1, eff. Nov. 1, 2012; Laws 2024,

c. 59, § 14, eff. Nov. 1, 2024.

§21-1024.1v2. Definitions.

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 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 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

Oklahoma Statutes - Title 21. Crimes and Punishments

3. Any visual depiction that appears to be a child, regardless

of whether the image is a depiction of an actual child, a computergenerated 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 title:

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 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, artistic,

educational, political, or scientific value;

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

g.

exhibiting genitalia, breast, or pubic area for the

purpose of the sexual stimulation of the viewer;

5. “Explicit child sexual abuse material” means material which

a law enforcement officer can immediately identify as child sexual

abuse material; and

6. “Visual depiction” means any depiction, picture, movie,

performance, or image displayed, 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.

Added by Laws 1981, c. 146, § 1, eff. Oct. 1, 1981. Amended by Laws

1984, c. 91, § 4, eff. Nov. 1, 1984; Laws 1996, c. 37, § 7, eff.

Oklahoma Statutes - Title 21. Crimes and Punishments

Nov. 1, 1996; Laws 2000, c. 208, § 8, eff. Nov. 1, 2000; Laws 2009,

c. 210, § 1, emerg. eff. May 19, 2009; Laws 2009, c. 457, § 2, eff.

July 1, 2009; Laws 2012, c. 115, § 1, eff. Nov. 1, 2012; Laws 2024,

c. 103, § 2, eff. Nov. 1, 2024; Laws 2025, c. 29, § 4, eff. Nov. 1,

2025.