Oklahoma § 44-917A - Wrongful broadcast or distribution of intimate visual

§ 44-917A. Wrongful broadcast or distribution of intimate visual

images.

ARTICLE 117A. Wrongful broadcast or distribution of intimate

visual images.

A. Prohibition. Any person subject to the Oklahoma Uniform

Code of Military Justice:

1. Who knowingly and wrongfully broadcasts or distributes an

intimate visual image of another person or a visual image of

sexually explicit conduct involving a person who:

a.

is at least eighteen (18) years of age at the time the

intimate visual image or visual image of sexually

explicit conduct was created,

b.

is identifiable from the intimate visual image or

visual image of sexually explicit conduct itself, or

from information displayed in connection with the

intimate visual image or visual image of sexually

explicit conduct, and

c.

does not explicitly consent to the broadcast or

distribution of the intimate visual image or visual

image of sexually explicit conduct;

2. Who knows or reasonably should have known that the intimate

visual image or visual image of sexually explicit conduct was made

under circumstances in which the person depicted in the intimate

visual image or visual image of sexually explicit conduct retained a

reasonable expectation of privacy regarding any broadcast or

distribution of the intimate visual image or visual image of

sexually explicit conduct;

3. Who knows or reasonably should have known that the broadcast

or distribution of the intimate visual image or visual image of

sexually explicit conduct is likely:

a.

to cause harm, harassment, intimidation, emotional

distress, or financial loss for the person depicted in

the intimate visual image or visual image of sexually

explicit conduct, or

b.

to harm substantially the depicted person with respect

to that person's health, safety, business, calling,

career, financial condition, reputation, or personal

relationships; and

4. Whose conduct, under the circumstances, had a reasonably

direct and palpable connection to a military mission or military

environment,

Oklahoma Statutes - Title 44. Militia

is guilty of wrongful distribution of intimate visual images or

visual images of sexually explicit conduct and shall be punished as

a court-martial may direct.

B. Definitions. In this section:

1. Broadcast. The term "broadcast" means to electronically

transmit a visual image with the intent that it be viewed by a

person or persons;

2. Distribute. The term "distribute" means to deliver to the

actual or constructive possession of another person, including

transmission by mail or electronic means;

3. Intimate visual image. The term "intimate visual image"

means a visual image that depicts a private area of a person;

4. Private area. The term "private area" means the naked or

underwear-clad genitalia, anus, buttocks, or female areola or

nipple;

5. Reasonable expectation of privacy. The term "reasonable

expectation of privacy" means circumstances in which a reasonable

person would believe that a private area of the person, or sexually

explicit conduct involving the person, would not be visible to the

public;

6. Sexually explicit conduct. The term "sexually explicit

conduct" means actual or simulated genital-genital contact, oralgenital contact, anal-genital contact, or oral-anal contact, whether

between persons of the same or opposite sex, bestiality,

masturbation, or sadistic or masochistic abuse; and

7. Visual image. The term "visual image" means the following:

a.

any developed or undeveloped photograph, picture,

film, or video,

b.

any digital or computer image, picture, film, or video

made by any means, including those transmitted by any

means, including streaming media, even if not stored

in a permanent format, or

c.

any digital or electronic data capable of conversion

into a visual image.

Added by Laws 2019, c. 408, § 151, eff. Oct. 1, 2019.