Oklahoma § 21-1024.5 - Investigation of child pornography

§ 21-1024.5. Investigation of child pornography

A. When any person has engaged in, is engaged in, or is

attempting or conspiring to engage in any conduct constituting a

violation of any of the provisions of Section 1024.2 of Title 21 of

the Oklahoma Statutes, the Oklahoma Attorney General or any district

attorney in Oklahoma may conduct an investigation of the activity.

On approval of the district judge, the Attorney General or district

attorney, in accordance with the provisions of Section 258 of Title

22 of the Oklahoma Statutes, is authorized before the commencement

of any civil or criminal proceeding to subpoena witnesses, compel

their attendance, examine them under oath, or require the production

of any business papers or records by subpoena duces tecum. Evidence

collected pursuant to this section shall not be admissible in any

civil proceeding.

B. Any business papers and records subpoenaed by the Attorney

General or district attorney shall be available for examination by

the person who produced the material or by any duly authorized

representative of the person. Transcripts of oral testimony shall

be available for examination by the person who produced such

testimony and their counsel.

Except as otherwise provided for in this section, no business

papers, records, or transcripts or oral testimony, or copies of it,

subpoenaed by the Attorney General or district attorney shall be

available for examination by an individual other than another law

enforcement official without the consent of the person who produced

the business papers, records or transcript.

C. All persons served with a subpoena by the Attorney General

or district attorney shall be paid the same fees and mileage as paid

witnesses in the courts of this state.

D. No person shall, with intent to avoid, evade, prevent, or

obstruct compliance in whole or in part by any person with any duly

served subpoena of the Attorney General or district attorney

pursuant to the provisions of this section, knowingly remove from

any place, conceal, withhold, destroy, mutilate, alter, or by any

other means falsify any business papers or records that are the

subject of the subpoena duces tecum.

E. Any person violating the provisions of this section shall,

upon conviction, be guilty of a misdemeanor punishable by

Oklahoma Statutes - Title 21. Crimes and Punishments

imprisonment in the county jail for not more than one (1) year, or

by a fine of not more than Five Hundred Dollars ($500.00), or by

both such fine and imprisonment.

Added by Laws 2009, c. 210, § 2, emerg. eff. May 19, 2009.