Oklahoma § 21-1040.80 - Interactive computer service providers - Removal of

§ 21-1040.80. Interactive computer service providers - Removal of

child sexual abuse material - Court orders - Notice and hearing Violations - Penalties - Petition for relief.

A. As used in this section, the term:

1. "Interactive computer service provider" means any provider

to the public of computer access via the Internet to a computer

server or similar device used for the storage of graphic, video or

images;

Oklahoma Statutes - Title 21. Crimes and Punishments

2. "Internet" means the international computer network of both

federal and nonfederal interoperable packet-switched data networks;

3. "Controlled or owned by" with respect to a server or other

storage device means a server or other such device that is entirely

owned by the interactive computer service provider or is subject to

exclusive management by the interactive computer service provider by

agreement or otherwise; and

4. "Child sexual abuse material" means explicit child sexual

abuse material as defined in Section 1024.1 of this title.

B. The Attorney General or a law enforcement officer who

receives information that an item of alleged child sexual abuse

material resides on a server or other storage device controlled or

owned by an interactive computer service provider shall:

1. Contact the interactive computer service provider that

controls or owns the server or other storage device where the item

of alleged child sexual abuse material is located;

2. Inform the interactive computer service provider of the

provisions of this section; and

3. Request that the interactive computer service provider

voluntarily comply with this section and remove the item of alleged

child sexual abuse material from its server or other storage device

expeditiously.

C. 1. If an interactive computer service does not voluntarily

remove the item of alleged child sexual abuse material in a timely

manner, the Attorney General or law enforcement officer shall apply

for a court order of authorization to remove the item of alleged

child sexual abuse material under this section. The obligation to

remove the item of alleged child sexual abuse material shall not

apply to the transmitting or routing of, or the intermediate,

temporary storage or caching of an image, information or data that

is otherwise subject to this section.

2. The application for a court order shall include:

a.

the authority of the applicant to make such an

application,

b.

the identity and qualifications of the investigative

or law enforcement officer or agency that, in the

official scope of that officer's duties or agency's

authority, discovered the images, information, or

data,

c.

a particular statement of the facts relied upon by the

applicant, including:

(1) the identity of the interactive computer service,

(2) identification of the item of alleged child

sexual abuse material discovered on the server or

other storage device controlled or owned by an

interactive computer service provider,

Oklahoma Statutes - Title 21. Crimes and Punishments

(3)

the particular images, information, or data to be

removed or to which access is to be disabled

identified by uniform resource locator (URL) or

Internet protocol (IP) address, a statement

certifying that such content resides on a server

or storage device controlled or owned by such

interactive computer service provider, and

(4) the steps taken to obtain voluntary compliance by

such interactive computer service provider with

the requirements of this act prior to filing the

application,

d.

such additional testimony and documentary evidence in

support of the application as the judge may require,

and

e.

a showing that there is probable cause to believe that

the child sexual abuse material items constitutes a

violation of this section.

D. The Attorney General shall notify the interactive computer

service provider which is identified in the court's order in

accordance with the provisions of this section. The Attorney

General shall notify an interactive computer service provider upon

the issuance of an order authorizing the removal of the items of

alleged child sexual abuse material.

1. The notice by the Attorney General shall include:

a.

a copy of the application made pursuant to subsection

C of this section,

b.

a copy of the court order issued pursuant to

subsection K of this section,

c.

notification that the interactive computer service

shall remove the item of alleged child sexual abuse

material contained in the order which resides on a

server or other storage device controlled or owned by

such interactive service provider and which are

accessible to persons located within this state

expeditiously after receipt of the notification,

d.

notification of the criminal penalties for failure to

remove the item of child sexual abuse material,

e.

notification of the right to appeal the court's order,

and

f.

contact information for the Attorney General's Office.

2. An interactive computer service may designate an agent

within the state to receive notification pursuant to this section.

E. The interactive computer service provider has the right to

request a hearing before the court imposes any penalty under this

section.

F. Nothing in this section may be construed as imposing a duty

on an interactive computer service provider to actively monitor its

Oklahoma Statutes - Title 21. Crimes and Punishments

service or affirmatively seek evidence of illegal activity on its

service.

G. Notwithstanding any other provision of law to the contrary,

any interactive computer service provider that intentionally

violates subsection L of this section commits:

1. A misdemeanor for a first offense punishable by a fine of

One Thousand Dollars ($1,000.00);

2. A misdemeanor of a high and aggravated nature for a second

offense punishable by a fine of Five Thousand Dollars ($5,000.00);

and

3. A Class D1 felony offense for a third or subsequent offense

punishable by a fine of Thirty Thousand Dollars ($30,000.00) and

imprisonment for a maximum of five (5) years.

H. The Attorney General shall have concurrent prosecutorial

jurisdiction with a district attorney for violation of this section.

I. The removal of the alleged item of child sexual abuse

material which resides on a server or other storage device, shall

not, to the extent possible, interfere with any request of a law

enforcement agency to preserve records or other evidence, which may

be kept by the interactive computer service provider in the normal

course of business.

J. Upon consideration of an application for authorization to

remove the item of alleged child sexual abuse material that resides

on a server or other storage device controlled or owned by an

interactive computer service provider as set forth in subsection C

of this section, the judge may enter an ex parte order, as requested

or as modified, authorizing the removal of the item of alleged child

sexual abuse material, if the court determines on the basis of the

facts submitted by the applicant that there is or was probable cause

for belief that:

1. The item of alleged child sexual abuse material constitutes

evidence of an act in violation of this section;

2. The investigative or law enforcement officer or agency acted

within the official scope of that officer's duties or agency's

authority, in discovering the images, information, or data and has

complied with the requirements of subsection I and subsection K of

this section;

3. An item of alleged child sexual abuse material resides on

the server or other storage device controlled or owned by the

interactive computer service provider and is accessible to persons

located in the state; and

4. In the case of an application, other than a renewal or

extension, for an order removing the item of alleged child sexual

abuse material which was the subject of a previous order authorizing

the removal or disabling of access, the application is based upon

new evidence or information different from and in addition to the

evidence or information offered to support the prior order.

Oklahoma Statutes - Title 21. Crimes and Punishments

K. Each order authorizing the removal or disabling of access to

an alleged item of child sexual abuse material shall contain:

1. The name of the judge authorized to issue the order;

2. A particular description of the images, information, or data

to be removed or access to such disabled, identified by a URL or IP

address, and a statement of the particular violation of the section

to which the images, information, or data relate;

3. The identity of the investigative or law enforcement officer

or agency who discovered the images, information, or data and the

identity of whoever authorized the application; and

4. Such additional information or instruction as the court

deems necessary to execute the order.

L. The court shall review the application and testimony, if

offered, and, upon a finding of probable cause, issue an order that:

1. An item of child sexual abuse material resides on a server

or other storage device controlled by the interactive computer

service provider and is accessible to persons located in the state;

2. The interactive computer service provider shall remove the

item residing on a server or other storage device controlled or

owned by the interactive computer service provider expeditiously

after receiving the order, if practical;

3. The order shall specify that removal of any item covered by

the order shall be accomplished in a fashion that prevents or

minimizes the removal of, or restriction of access to, images,

information, or data that are not subject to the order;

4. Failure of the interactive computer service provider to

comply with the court's order is a violation of this section;

5. The removal of the item on the server or other storage

device controlled or owned by the interactive computer service

provider may not unreasonably interfere with a request by a law

enforcement agency to preserve records for a reasonable period and

in accordance with law; and

6. Provides the interactive computer service provider notice

and opportunity for a hearing before the court imposes any penalty

under this subsection.

M. An interactive computer service provider who is served with

a court order under subsection L of this section shall remove the

item of child sexual abuse material that is the subject of the order

expeditiously after receiving the court order, if practicable.

N. 1. An interactive service provider may petition the court

for relief for cause from an order issued under subsection L of this

section.

2. The petition may be based on considerations of:

a.

the cost or technical feasibility of compliance with

the order, or

b.

the inability of the interactive computer service

provider to comply with the order without also

Oklahoma Statutes - Title 21. Crimes and Punishments

removing data, images or information that are not

subject to this section.

Added by Laws 2003, c. 256, § 1, emerg. eff. May 23, 2003. Amended

by Laws 2024, c. 59, § 32, eff. Nov. 1, 2024; Laws 2025, c. 486, §

398, eff. Jan. 1, 2026.

§21-1040.12av1. Aggravated possession of child sexual abuse

material - Penalties - Definitions.

A. Any person who, with knowledge of its contents, possesses

one hundred (100) or more separate materials depicting child sexual

abuse material shall be, upon conviction, guilty of aggravated

possession of child sexual abuse material. The violator shall be

punished by imprisonment in the custody of the Department of

Corrections for a term not exceeding life imprisonment and by a fine

in an amount not more than Ten Thousand Dollars ($10,000.00). The

violator, upon conviction, shall be required to register as a sex

offender under the Sex Offenders Registration Act.

B. For purposes of this section:

1. Multiple copies of the same identical material shall each be

counted as a separate item;

2. The term "material" means the same definition provided by

Section 1040.75 of this title and, in addition, includes all digital

and computerized images and depictions; and

3. The term "child sexual abuse material" means the same

definition provided by Section 1040.80 of this title and, in

addition, includes sexual conduct, sexual excitement,

sadomasochistic abuse, and performance of material harmful to minors

where a minor is present or depicted as such terms are defined in

Section 1040.75 of this title.

Added by Laws 2008, c. 438, § 2, eff. July 1, 2008. Amended by Laws

2009, c. 457, § 4, eff. July 1, 2009; Laws 2024, c. 59, § 20, eff.

Nov. 1, 2024.

§21-1040.12av2. Aggravated possession of child sexual abuse

material - Penalties – Definitions.

A. Any person who, with knowledge of its contents, possesses

one hundred (100) or more separate visual depictions of child sexual

abuse material shall, upon conviction, be guilty of aggravated

possession of child sexual abuse material. The violator shall be

punished by imprisonment in the custody of the Department of

Corrections for a term not exceeding life imprisonment and by a fine

not more than Ten Thousand Dollars ($10,000.00). The violator, upon

conviction, shall be required to register as a sex offender under

the Sex Offenders Registration Act.

B. For purposes of this section:

1. Multiple copies of the same identical material shall each be

counted as a separate item; and

Oklahoma Statutes - Title 21. Crimes and Punishments

2. The terms “child sexual abuse material” and “visual

depictions” mean the same definitions provided by Section 1024.1 of

this title.

Added by Laws 2008, c. 438, § 2, eff. July 1, 2008. Amended by Laws

2009, c. 457, § 4, eff. July 1, 2009; Laws 2024, c. 103, § 3, eff.

Nov. 1, 2024; Laws 2025, c. 29, § 3, eff. Nov. 1, 2025.

§21-1040.12av3. Aggravated possession of child sexual abuse

material - Penalties – Definitions.

A. Any person who, with knowledge of its contents, possesses

one hundred (100) or more separate visual depictions of child

pornography shall, upon conviction, be guilty of aggravated

possession of child pornography, a Class A2 felony offense. The

violator shall be punished by imprisonment in the custody of the

Department of Corrections for a term not exceeding life imprisonment

and by a fine in an amount of not more than Ten Thousand Dollars

($10,000.00). The violator, upon conviction, shall be required to

register as a sex offender under the Sex Offenders Registration Act.

B. For purposes of this section:

1. Multiple copies of the same identical material shall each be

counted as a separate item; and

2. The terms "child pornography" and "visual depictions" mean

the same definitions provided by Section 1024.1 of this title.

Added by Laws 2008, c. 438, § 2, eff. July 1, 2008. Amended by Laws

2009, c. 457, § 4, eff. July 1, 2009; Laws 2024, c. 103, § 3, eff.

Nov. 1, 2024; Laws 2025, c. 486, § 26, eff. Jan. 1, 2026.

§21-1040.13bv1. Nonconsensual dissemination of private sexual

images.

A. As used in this section:

1. "Artificial intelligence" means a machine-based system that

can, for a given set of human-defined objectives, make predictions,

recommendations, or decisions influencing real or virtual

environments, including the ability to:

a.

perceive real and virtual environments,

b.

abstract perceptions made under this paragraph into

models through analysis in an automated manner, and

c.

use model inference to formulate options for

information or action based on outcomes under

subparagraphs a and b of this paragraph.

The term includes generative artificial intelligence;

2. "Artificially generated sexual depiction" means a visual

depiction:

a.

that appears to authentically depict an individual in

a state of nudity or engaged in sexual conduct that

did not occur in reality, and

Oklahoma Statutes - Title 21. Crimes and Punishments

b.

the production of which was substantially dependent

upon technical means, including artificial

intelligence or photo editing software, rather than

the ability of another person to physically

impersonate the other person;

3. "Generative artificial intelligence" means the class of

models that emulate the structure and characteristics of input data

in order to generate derived synthetic content, including

information such as images, videos, audio clips, or text, that has

been significantly modified or generated by algorithms, including by

artificial intelligence;

4. "Image" includes a photograph, film, videotape, digital

recording or other depiction or portrayal of an object, including a

human body;

5. "Intimate parts" means the fully unclothed, partially

unclothed or transparently clothed genitals, pubic area or female

adult nipple;

6. "Sexual act" means sexual intercourse including genital,

anal or oral sex; and

7. "Visual depiction" means any depiction, photograph, film,

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.

B. 1. A person commits nonconsensual dissemination of private

sexual images when he or she:

a.

intentionally disseminates an image of another person

who is engaged in a sexual act or whose intimate parts

are exposed, in whole or in part,

b.

obtains the image under circumstances in which a

reasonable person would know or understand that the

image was to remain private, and

c.

disseminates the image without the effective consent

of the depicted person.

2. A person commits nonconsensual dissemination of private

sexual images when he or she:

a.

disseminates an artificially generated sexual

depiction of another person with the intent or with

reckless disregard to harass, annoy, threaten, alarm,

or cause physical, emotional, reputational, or

economic harm to the depicted person, and

b.

disseminates the artificially generated sexual

depiction without the effective consent of the

depicted person.

C. The provisions of this section shall not apply to the

intentional dissemination of an image or artificially generated

sexual depiction of another identifiable person who is engaged in a

sexual act or whose intimate parts are exposed when:

Oklahoma Statutes - Title 21. Crimes and Punishments

1. The dissemination is made for the purpose of a criminal

investigation that is otherwise lawful;

2. The dissemination is for the purpose of, or in connection

with, the reporting of unlawful conduct;

3. The images or artificially generated sexual depictions

involve voluntary exposure in public or commercial settings; or

4. The dissemination serves a lawful purpose.

D. Nothing in this section shall be construed to impose

liability upon the following entities solely as a result of content

or information provided by another person:

1. An interactive computer service, as defined in 47 U.S.C.,

Section 230(f)(2);

2. A wireless service provider, as defined in Section 332(d) of

the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,

Federal Communications Commission rules, and the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No. 103-66; or

3. A telecommunications network or broadband provider.

E. A person convicted under this section is subject to the

forfeiture provisions in Section 1040.54 of this title.

F. Any person who violates the provisions of subsection B of

this section shall, upon conviction, be guilty of a misdemeanor

punishable by imprisonment in a county jail for not more than one

(1) year or by a fine of not more than One Thousand Dollars

($1,000.00), or both such fine and imprisonment.

G. Any person who violates or attempts to violate the

provisions of subsection B of this section and who gains or attempts

to gain any property or who gains or attempts to gain anything of

value as a result of the nonconsensual dissemination or threatened

dissemination of private sexual images or artificially generated

sexual depictions shall, upon conviction, be guilty of a felony

punishable by imprisonment in the custody of the Department of

Corrections for not more than five (5) years. A second or

subsequent violation of this subsection shall be a felony punishable

by imprisonment in the custody of the Department of Corrections for

not more than ten (10) years and the offender shall be required to

register as a sex offender under the Sex Offenders Registration Act.

H. The state shall not have the discretion to file a

misdemeanor charge, pursuant to Section 234 of Title 22 of the

Oklahoma Statutes, for a violation pursuant to subsection G of this

section.

I. The court shall have the authority to order the defendant to

remove the disseminated image or artificially generated sexual

depictions should the court find it is in the power of the defendant

to do so.

J. Nothing in this section shall prohibit the prosecution of a

person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,

1024.2, or 1040.12a of this title or any other applicable statute.

Oklahoma Statutes - Title 21. Crimes and Punishments

K. Any person who violates the provisions of subsection B of

this section by disseminating three or more images or artificially

generated sexual depictions within a six-month period shall, upon

conviction, be guilty of a felony punishable by imprisonment in the

custody of the Department of Corrections for not more than ten (10)

years.

Added by Laws 2016, c. 262, § 1, eff. Nov. 1, 2016. Amended by Laws

2020, c. 35, § 1, eff. Nov. 1, 2020; Laws 2024, c. 214, § 1, eff.

Nov. 1, 2024; Laws 2025, c. 23, § 1, eff. Nov. 1, 2025.

§21-1040.13bv2. Nonconsensual dissemination of private sexual

images.

A. As used in this section:

1. "Image" includes a photograph, film, videotape, digital

recording or other depiction or portrayal of an object, including a

human body;

2. "Intimate parts" means the fully unclothed, partially

unclothed or transparently clothed genitals, pubic area or female

adult nipple; and

3. "Sexual act" means sexual intercourse including genital,

anal or oral sex.

B. A person commits nonconsensual dissemination of private

sexual images when he or she:

1. Intentionally disseminates an image of another person who is

engaged in a sexual act or whose intimate parts are exposed, in

whole or in part;

2. Obtains the image under circumstances in which a reasonable

person would know or understand that the image was to remain

private; and

3. Disseminates the image without the effective consent of the

depicted person.

C. The provisions of this section shall not apply to the

intentional dissemination of an image of another identifiable person

who is engaged in a sexual act or whose intimate parts are exposed

when:

1. The dissemination is made for the purpose of a criminal

investigation that is otherwise lawful;

2. The dissemination is for the purpose of, or in connection

with, the reporting of unlawful conduct;

3. The images involve voluntary exposure in public or

commercial settings; or

4. The dissemination serves a lawful purpose.

D. Nothing in this section shall be construed to impose

liability upon the following entities solely as a result of content

or information provided by another person:

1. An interactive computer service, as defined in 47 U.S.C.,

Section 230(f)(2);

Oklahoma Statutes - Title 21. Crimes and Punishments

2. A wireless service provider, as defined in Section 332(d) of

the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,

Federal Communications Commission rules, and the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No. 103-66; or

3. A telecommunications network or broadband provider.

E. A person convicted under this section is subject to the

forfeiture provisions in Section 1040.54 of this title.

F. Any person who violates the provisions of subsection B of

this section shall, upon conviction, be guilty of a misdemeanor

punishable by imprisonment in a county jail for not more than one

(1) year or by a fine of not more than One Thousand Dollars

($1,000.00), or both such fine and imprisonment.

G. Any person who violates or attempts to violate the

provisions of subsection B of this section and who gains or attempts

to gain any property or who gains or attempts to gain anything of

value as a result of the nonconsensual dissemination or threatened

dissemination of private sexual images shall, upon conviction, be

guilty of a Class D1 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20N of this

title. A second or subsequent violation of this subsection shall be

a Class D1 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20N of this title and the

offender shall be required to register as a sex offender under the

Sex Offenders Registration Act.

H. The state shall not have the discretion to file a

misdemeanor charge, pursuant to Section 234 of Title 22 of the

Oklahoma Statutes, for a violation pursuant to subsection G of this

section.

I. The court shall have the authority to order the defendant to

remove the disseminated image should the court find it is in the

power of the defendant to do so.

J. Nothing in this section shall prohibit the prosecution of a

person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,

1024.2, or 1040.12a of this title or any other applicable statute.

K. Any person who violates the provisions of subsection B of

this section by disseminating three or more images within a sixmonth period shall, upon conviction, be guilty of a Class D1 felony

offense punishable by imprisonment as provided for in subsections B

through F of Section 20N of this title.

Added by Laws 2016, c. 262, § 1, eff. Nov. 1, 2016. Amended by Laws

2020, c. 35, § 1, eff. Nov. 1, 2020; Laws 2024, c. 214, § 1, eff.

Nov. 1, 2024; Laws 2025, c. 486, § 399, eff. Jan. 1, 2026.