Oklahoma § 44-920C - Other sexual misconduct

§ 44-920C. Other sexual misconduct

ARTICLE 120C. Other sexual misconduct.

A. Indecent viewing, visual recording, or broadcasting. Any

person subject to the Oklahoma Uniform Code of Military Justice who,

without legal justification or lawful authorization:

1. Knowingly and wrongfully views the private area of another

person, without that other person's consent and under circumstances

in which that other person has a reasonable expectation of privacy;

2. Knowingly photographs, videotapes, films, or records by any

means the private area of another person, without that other

Oklahoma Statutes - Title 44. Militia

person's consent and under circumstances in which that other person

has a reasonable expectation of privacy; or

3. Knowingly broadcasts or distributes any such recording that

the person knew or reasonably should have known was made under the

circumstances proscribed in paragraphs 1 and 2 of this subsection,

is guilty of an offense under this section and shall be punished as

a court-martial may direct.

B. Forcible pandering. Any person subject to the Code who

compels another person to engage in an act of prostitution with any

person is guilty of forcible pandering and shall be punished as a

court-martial may direct.

C. Indecent exposure. Any person subject to the Code who

intentionally exposes, in an indecent manner, the genitalia, anus,

buttocks, or female areola or nipple is guilty of indecent exposure

and shall by punished as a court-martial may direct.

D. Definitions. In this section:

1. Act of prostitution. The term "act of prostitution" means a

sexual act or sexual contact, as defined in subsection F of Section

920 of this title (Article 120, subsection F), on account of which

anything of value is given to, or received by, any person;

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

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

nipple;

3. Reasonable expectation of privacy. The term "under

circumstances in which that other person has a reasonable

expectation of privacy" means:

a.

circumstances in which a reasonable person would

believe that he or she could disrobe in privacy,

without being concerned that an image of a private

area of the person was being captured, or

b.

circumstances in which a reasonable person would

believe that a private area of the person would not be

visible to the public;

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

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

person or persons;

5. Distribute. The term "distribute" means delivering to the

actual or constructive possession of another, including transmission

by electronic means;

6. Indecent manner. The term "indecent manner" means conduct

that amounts to a form of immorality relating to sexual impurity

which is grossly vulgar, obscene, and repugnant to common propriety,

and tends to excite sexual desire or deprave morals with respect to

sexual relations.

Added by Laws 2019, c. 408, § 159, eff. Oct. 1, 2019.