Oklahoma § 21-1040.13 - Acts prohibited - Felony

§ 21-1040.13. Acts prohibited - Felony

Every person who, with knowledge of its contents, sends, brings,

or causes to be sent or brought into this state for sale or

commercial distribution, or in this state prepares, sells, exhibits,

commercially distributes, gives away, offers to give away, or has in

his or her possession with intent to sell, to commercially

distribute, to exhibit, to give away, or to offer to give away any

Oklahoma Statutes - Title 21. Crimes and Punishments

obscene material or child sexual abuse material or gives information

stating when, where, how, or from whom, or by what means obscene

material or child sexual abuse material can be purchased or

obtained, upon conviction, is guilty of a Class B4 felony offense

and shall be punished by imprisonment for not more than ten (10)

years in prison or by a fine of not more than Ten Thousand Dollars

($10,000.00), or by both such imprisonment and fine.

Added by Laws 1968, c. 121, § 3, emerg. eff. April 4, 1968. Amended

by Laws 1983, c. 5, § 2, emerg. eff. Feb. 23, 1983; Laws 2000, c.

208, § 14, eff. Nov. 1, 2000; Laws 2024, c. 59, § 21, eff. Nov. 1,

2024; Laws 2025, c. 486, § 111, eff. Jan. 1, 2026.

§21-1040.13a. Facilitating, encouraging, offering or soliciting

sexual conduct or engaging in sexual communication with a minor or

person believed to be a minor.

A. It is unlawful for any person to facilitate, encourage,

offer or solicit sexual conduct with a minor, or other individual

the person believes to be a minor, by use of any technology, or to

engage in any communication for sexual or prurient interest with any

minor, or other individual the person believes to be a minor, by use

of any technology. For purposes of this subsection, “by use of any

technology” means the use of any telephone or cell phone, computer

disk (CD), digital video disk (DVD), recording or sound device, CDROM, VHS, computer, computer network or system, Internet or World

Wide Web address including any blog site or personal web address, email address, Internet Protocol address (IP), text messaging or

paging device, any video, audio, photographic or camera device of

any computer, computer network or system, cell phone, any other

electrical, electronic, computer or mechanical device, or any other

device capable of any transmission of any written or text message,

audio or sound message, photographic, video, movie, digital or

computer-generated image, or any other communication of any kind by

use of an electronic device.

B. A person is guilty of violating the provisions of this

section if the person knowingly transmits any prohibited

communication by use of any technology defined herein, or knowingly

prints, publishes or reproduces by use of any technology described

herein any prohibited communication, or knowingly buys, sells,

receives, exchanges, or disseminates any prohibited communication or

any information, notice, statement, website, or advertisement for

communication with a minor or access to any name, telephone number,

cell phone number, e-mail address, Internet address, text message

address, place of residence, physical characteristics or other

descriptive or identifying information of a minor, or other

individual the person believes to be a minor.

C. The fact that an undercover operative or law enforcement

officer was involved in the detection and investigation of an

Oklahoma Statutes - Title 21. Crimes and Punishments

offense pursuant to this section shall not constitute a defense to a

prosecution under this section.

D. Any violation of the provisions of this section shall be a

Class B4 felony offense, punishable by a fine in an amount not to

exceed Ten Thousand Dollars ($10,000.00), or by imprisonment in the

custody of the Department of Corrections for a term of not more than

ten (10) years, or by both such fine and imprisonment. For purposes

of this section, each communication shall constitute a separate

offense. Except for persons sentenced to life or life without

parole, any person sentenced to imprisonment for two (2) years or

more for a violation of this section shall be required to serve a

term of post-imprisonment supervision pursuant to subparagraph f of

paragraph 1 of subsection A of Section 991a of Title 22 of the

Oklahoma Statutes under conditions determined by the Department of

Corrections. The jury shall be advised that the mandatory postimprisonment supervision shall be in addition to the actual

imprisonment.

E. For purposes of any criminal prosecution pursuant to any

violation of this section, the person violating the provisions of

this section shall be deemed to be within the jurisdiction of this

state by the fact of accessing any computer, cellular phone or other

computer-related or satellite-operated device in this state,

regardless of the actual jurisdiction where the violator resides.

Added by Laws 1995, c. 66, § 4, eff. July 1, 1995. Amended by Laws

2001, c. 360, § 1, eff. Nov. 1, 2001; Laws 2002, c. 110, § 1, eff.

July 1, 2002; Laws 2006, c. 183, § 2, emerg. eff. May 22, 2006; Laws

2007, c. 261, § 14, eff. Nov. 1, 2007; Laws 2025, c. 486, § 112,

eff. Jan. 1, 2026.

§21-1040.13b. See the following versions:

OS 21-1040.13bv1 (HB 1364, Laws 2025, c. 23, 1)

OS 21-1040.13bv2 (HB 2104, Laws 2025, c. 486, § 399)