1 STATE OF OKLAHOMA
2 2nd Session of the 59th Legislature (2024)
3 SENATE BILL 1268 By: Rader
4
5
6 AS INTRODUCED
7 An Act relating to child pornography; amending 10
O.S. 2021, Sections 7505-5.1 and 7505-6.3, which
8 relate to adoption proceedings; modifying term;
amending 10A O.S. 2021, Section 1-4-705, which
9 relates to child custody; modifying term; amending
10A O.S. 2021, Section 2-8-221, which relates to
10 transmission of obscenity and child pornography;
modifying term; amending 21 O.S. 2021, Section 13.1,
11 which relates to sentencing; modifying term; amending
21 O.S. 2021, Section 843.5, which relates to child
12 abuse; modifying term; amending 21 O.S. 2021,
Sections 1021, 1021.1, 1021.2, 1021.3, 1021.4, 1022,
13 and 1023, which relate to Oklahoma law on obscenity
and child pornography; modifying term; amending 21
14 O.S. 2021, Section 1024.1, which relates to
definitions; modifying term; modifying definition;
15 amending 21 O.S. 2021, Sections 1024.2, 1024.3,
1024.4, and 1040.8, which relate to Oklahoma law on
16 obscenity and child pornography; modifying term;
amending 21 O.S. 2021, Section 1040.11, which relates
17 to Oklahoma law on obscenity and child pornography;
modifying term; amending 21 O.S. 2021, Sections
18 1040.12a, 1040.13, 1040.14, 1040.15, 1040.16,
1040.17, 1040.20, 1040.21, 1040.22, 1040.24, 1040.54,
19 1040.56, and 1040.80, which relate to Oklahoma law on
obscenity and child pornography; modifying terms;
20 amending 21 O.S. 2021, Section 1123, as amended by
Section 4, Chapter 260, O.S.L. 2022 (21 O.S. Supp.
21 2023, Section 1123), which relates to acts against
children; modifying term; amending 22 O.S. 2021,
22 Section 40, which relates to definitions; modifying
term; amending 22 O.S. 2021, Sections 991h and 996.1,
23 which relate to sentencing; modifying terms; amending
43 O.S. 2021, Section 112.5, which relates to custody
24 or guardianship; modifying term; amending 57 O.S.
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1 2021, Section 138, which relates to inmate credits;
modifying terms; amending 57 O.S. 2021, Section
2 332.16, which relates to recommendations for parole;
modifying term; amending 57 O.S. 2021, Section 571,
3 as amended by Section 2, Chapter 212, O.S.L. 2023 (57
O.S. Supp. 2023, Section 571), which relates to
4 definitions; modifying term; amending 57 O.S. 2021,
Section 582, which relates to sex offenders;
5 modifying term; amending 68 O.S. 2021, Section
2357.101, which relates to film tax credits;
6 modifying term; amending 68 O.S. 2021, Sections 3623
and 3632, as amended by Section 1, Chapter 347,
7 O.S.L. 2023 (68 O.S. Supp. 2023, Section 3623), which
relate to definitions; modifying term; amending
8 Section 1, Chapter 280, O.S.L. 2022, as amended by
Section 1, Chapter 373, O.S.L. 2023 (70 O.S. Supp.
9 2023, Section 11-202), which relates to digital or
online library database resources; modifying term;
10 amending 70 O.S. 2021, Section 1210.163, which
relates to duty for school employees to report
11 potential student abuse or neglect; modifying term;
amending 74 O.S. 2021, Section 151.1, which relates
12 to internet crimes against children; modifying term;
updating statutory language and references; making
13 language gender neutral; and providing an effective
date.
14
15
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
17 SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505-5.1, is
18 amended to read as follows:
19 Section 7505-5.1. A. Except as otherwise provided in this
20 section, only a person for whom a favorable written preplacement
21 home study has been prepared may accept custody of a minor for
22 purposes of adoption. A preplacement home study is favorable if it
23 contains a finding that the person is suited to be an adoptive
24 parent, either in general or for a particular minor, and it is
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1 completed or brought current within twelve (12) months next
2 preceding a placement of a minor with the person for adoption.
3 B. A preplacement home study is not required if a parent or
4 guardian places a minor directly with a relative of the minor for
5 purposes of adoption, or if the minor has been residing with a birth
6 parent’s spouse for not less than one (1) year as of the date the
7 petition for adoption is filed, but a home study of the relative or
8 stepparent is required during the pendency of a proceeding for
9 adoption.
10 C. A prospective adoptive parent shall not be approved for
11 placement of a child if the petitioners or any other person residing
12 in the home of the petitioners has been convicted of any of the
13 following felony offenses:
14 1. Within the five-year period preceding the date of the
15 petition, physical assault, domestic abuse, battery or a drug-
16 related offense;
17 2. Child abuse or neglect;
18 3. A crime against a child, including, but not limited to,
19 child pornography sexual abuse material; and
20 4. A crime involving violence, including, but not limited to,
21 rape, sexual assault or homicide, but excluding those crimes
22 specified in paragraph 1 of this subsection.
23 D. Under no circumstances shall a child be placed in the
24 custody of an individual subject to the Oklahoma Sex Offenders
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1 Registration Act or an individual who is married to or living with
2 an individual subject to the Oklahoma Sex Offenders Registration
3 Act.
4 SECTION 2. AMENDATORY 10 O.S. 2021, Section 7505-6.3, is
5 amended to read as follows:
6 Section 7505-6.3. A. After six (6) months from the date of the
7 interlocutory decree unless the court waived all or part of the
8 waiting period, the petitioners may apply to the court for a final
9 decree of adoption. The court shall thereupon set a time and place
10 for final hearing.
11 B. If the minor is related by blood to one of the petitioners,
12 or is a stepchild of the petitioner, or the court finds that the
13 best interests of the child will be furthered thereby, the court,
14 after examination of the home study reports required by Section
15 7505-5.1 or 7505-5.2 of this title, may waive the entry of an
16 interlocutory decree and the waiting period of six (6) months or the
17 balance of the waiting period provided in this section.
18 C. Notice of the time and date of the hearing shall be served
19 at least ten (10) days prior to the hearing upon any parent whose
20 parental rights have not been terminated, unless that parent has
21 properly executed a consent to the adoption or a permanent
22 relinquishment pursuant to Sections 7503-2.3, 7503-2.4 and 7503-2.6
23 of this title or has waived the right to notice pursuant to Section
24 7503-3.1 of this title. Notice of the hearing shall also be served
Req. No. 2341 Page 4
1 on the child-placing agency or the Department of Human Services in
2 those cases where the child-placing agency or Department has
3 original custody, or performed a home study.
4 D. The petitioners and child shall appear at the hearing on the
5 application for final decree, unless the presence of the child is
6 waived by the court.
7 E. The final hearing is not required to be recorded by a court
8 reporter. Upon the request of any party, the court shall direct
9 that the hearing be recorded by the court reporter, or the court may
10 order on its own initiative that the hearing be recorded.
11 F. The court may enter a final decree of adoption, if the court
12 is satisfied that the adoption is in the best interests of the
13 child.
14 G. For purposes of this subsection, the State of Oklahoma
15 elects to make subparagraph (A) of paragraph 20 of subsection 3 of
16 Section 471(a) of the Social Security Act (Public Law 105-89)
17 inapplicable to Oklahoma. Instead, the State of Oklahoma requires
18 that:
19 1. Except as otherwise provided by this subsection, a
20 prospective adoptive parent shall not be approved for placement of a
21 child if the petitioners or any other person residing in the home of
22 the petitioners has been convicted of any of the following felony
23 offenses:
24
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1 a. within the five-year period preceding the date of the
2 petition, physical assault, domestic abuse, battery or
3 a drug-related offense, except as otherwise authorized
4 by this subsection,
5 b. child abuse or neglect,
6 c. a crime against a child, including, but not limited
7 to, child pornography sexual abuse material, and
8 d. a crime involving violence, including, but not limited
9 to, rape, sexual assault or homicide, but excluding
10 physical assault or battery.
11 2. A prospective adoptive parent may be an approved placement
12 regardless of whether such parent has been convicted of any of the
13 felony offenses specified by subparagraph a of paragraph 1 of this
14 subsection, if an evaluation has been made and accepted by the court
15 which considers the nature and seriousness of the crime in relation
16 to the adoption, the time elapsed since the commission of the crime,
17 the circumstances under which the crime was committed, the degree of
18 rehabilitation, the number of crimes committed by the person
19 involved, and a showing by clear and convincing evidence that the
20 child will not be at risk by such placement.
21 H. Under no circumstances shall a child be placed in the
22 custody of an individual subject to the Oklahoma Sex Offenders
23 Registration Act or an individual who is married to or living with
24
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1 an individual subject to the Oklahoma Sex Offenders Registration
2 Act.
3 SECTION 3. AMENDATORY 10A O.S. 2021, Section 1-4-705, is
4 amended to read as follows:
5 Section 1-4-705. A. In placing a child in the custody of an
6 individual, a private agency, or institution, the court and the
7 Department of Human Services shall, if possible, select a person,
8 agency, or institution governed by persons of the same religious
9 faith as that of the parents of the child, or in case of a
10 difference in the religious faith of the parents, then of the
11 religious faith of the child.
12 B. Except as otherwise provided by this section or by law, it
13 shall be left to the discretion of the judge to place the custody of
14 children where their total needs will best be served. If an
15 individual meets the minimum required age for placement purposes,
16 the age of an otherwise eligible individual shall not be a reason
17 for denying the individual placement or custody of a child.
18 C. A prospective foster or adoptive parent shall not be an
19 approved placement for a child if the prospective foster or adoptive
20 parent or any other person residing in the home of the prospective
21 foster or adoptive parent has been convicted of any of the following
22 felony offenses:
23 1. Within the five-year period preceding the application date,
24 a physical assault, battery, or a drug-related offense;
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1 2. Child abuse or neglect;
2 3. Domestic abuse;
3 4. A crime against a child, including, but not limited to,
4 child pornography sexual abuse material; or
5 5. A crime involving violence, including, but not limited to,
6 rape, sexual assault or homicide, but excluding those crimes
7 specified in paragraph 1 of this subsection.
8 D. 1. Under no circumstances shall a child be placed with or
9 in the custody of an individual subject to the Oklahoma Sex
10 Offenders Registration Act or an individual who is married to or
11 living with an individual subject to the Oklahoma Sex Offenders
12 Registration Act.
13 2. In addition, prior to the court placing a child in the
14 custody of an individual, the court shall inquire as to whether the
15 individual has been previously convicted of any felony or relevant
16 misdemeanor or has any felony or misdemeanor charges pending.
17 3. Prior to the custody order being entered, the individual
18 seeking custody shall provide an Oklahoma criminal history record
19 obtained pursuant to Section 150.9 of Title 74 of the Oklahoma
20 Statutes to the court.
21 4. For purposes of this subsection the terms:
22 a. “relevant misdemeanor” may include assault and
23 battery, alcohol- or drug-related offenses, domestic
24 violence or other offenses involving the use of
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1 physical force or violence against the person or
2 property of another, and
3 b. “individual” shall not include a parent or legal
4 guardian of the child.
5 E. The provisions of this section shall not apply in any
6 paternity or domestic relations case, unless otherwise ordered by
7 the court.
8 SECTION 4. AMENDATORY 10A O.S. 2021, Section 2-8-221, is
9 amended to read as follows:
10 Section 2-8-221. A. Whenever the district attorney for any
11 district has reasonable cause to believe that an individual, with
12 knowledge of its content, is engaged in sending a transmission or
13 causing a transmission to originate within this state containing
14 obscene material or child pornography sexual abuse material, as such
15 terms are defined in Section 1024.1 of Title 21 of the Oklahoma
16 Statutes, the district attorney for the district into which the
17 transmission is sent or caused to be sent, may institute an action
18 in the district court for an adjudication of the obscenity or child
19 pornographic content sexual abuse material of the transmission.
20 Provided that if the conditions of subsection B of this section are
21 present, then it shall be at the discretion of the district attorney
22 whether the action instituted is a juvenile offense as defined in
23 subsection B of this section or whether the action instituted is a
24
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1 felony for a violation of Section 1040.13a of Title 21 of the
2 Oklahoma Statutes.
3 The individual sending the transmission specified in this
4 section may be charged and tried in any district wherein the
5 transmission is sent or in which it is received by the person to
6 whom it was transmitted.
7 For purposes of any criminal prosecution pursuant to a violation
8 of this section, the person violating the provisions of this section
9 shall be deemed to be within the jurisdiction of this state by the
10 fact of accessing any computer, cellular phone, or other computer-
11 related or satellite-operated device in this state, regardless of
12 the actual jurisdiction where the violator resides.
13 B. Any individual under eighteen (18) years of age who engages
14 in the original or relayed transmission of obscene material or child
15 pornography sexual abuse material via electronic media in the form
16 of digital images, videos, or other depictions of real persons under
17 the age of eighteen (18) years, and:
18 1. The original or relayed transmission is of another minor
19 over thirteen (13) years of age and is made with the consent of the
20 pictured individual and is transmitted to five or fewer individual
21 destinations, known or unknown, shall be guilty of a misdemeanor
22 violation of this section punishable by:
23 a. a fine not to exceed Five Hundred Dollars ($500.00)
24 for the first offense,
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1 b. a fine not to exceed One Thousand Dollars ($1,000.00)
2 for a second and subsequent offense,
3 c. up to forty (40) hours of community service,
4 d. a referral to a juvenile bureau to propose a probation
5 plan which shall be adopted through disposition, or
6 e. attendance and successful completion of an educational
7 program or a delinquency prevention and diversion
8 program as provided in Section 24-100.4 of Title 70 of
9 the Oklahoma Statutes. The court shall have the
10 discretion to order the parent or legal guardian of
11 the juvenile to attend and successfully complete the
12 educational program;
13 2. The original or relayed transmission is of another minor
14 over thirteen (13)