1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 SENATE BILL 1479 By: Treat
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Section 1040.13b, which relates to the
8 Oklahoma Law on Obscenity and Child Pornography;
8 modifying scope of certain unlawful acts; clarifying
9 penalty provisions; increasing penalty for certain
9 unlawful acts; providing for the prosecution of other
10 unlawful acts; making certain acts unlawful;
10 providing penalty; and providing an effective date.
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.13b, is
14
15 amended to read as follows:
15
16 Section 1040.13b. A. As used in this section:
16
17 1. “Image” includes a photograph, film, videotape, digital
17
18 recording or other depiction or portrayal of an object, including a
18
19 human body;
19
20 2. “Intimate parts” means the fully unclothed, partially
20
21 unclothed or transparently clothed genitals, pubic area or female
21
22 adult nipple; and
22
23 3. “Sexual act” means sexual intercourse including genital,
23
24 anal or oral sex.
24
Req. No. 2669 Page 1
 1 B. A person commits nonconsensual dissemination of private
1
2 sexual images when he or she:
2
3 1. Intentionally disseminates an image of another person:
3
4 a. who is at least eighteen (18) years of age,
4
5 b. who is identifiable from the image itself or
5
6 information displayed in connection with the image,
6
7 and
7
8 c. who is engaged in a sexual act or whose intimate parts
8
9 are exposed, in whole or in part;
9
10 2. Disseminates the image with the intent to harass, intimidate
10
11 or coerce the person, or under circumstances in which a reasonable
11
12 person would know or understand that dissemination of the image
12
13 would harass, intimidate or coerce the person;
13
14 3. Obtains the image under circumstances in which a reasonable
14
15 person would know or understand that the image was to remain
15
16 private; and
16
17 4. Knows or a reasonable person should have known that the
17
18 person in
18
19 3. Disseminates the image has not consented to the
19
20 dissemination without the effective consent of the depicted person.
20
21 C. The provisions of this section shall not apply to the
21
22 intentional dissemination of an image of another identifiable person
22
23 who is engaged in a sexual act or whose intimate parts are exposed
23
24 when:
24
Req. No. 2669 Page 2
 1 1. The dissemination is made for the purpose of a criminal
1
2 investigation that is otherwise lawful;
2
3 2. The dissemination is for the purpose of, or in connection
3
4 with, the reporting of unlawful conduct;
4
5 3. The images involve voluntary exposure in public or
5
6 commercial settings; or
6
7 4. The dissemination serves a lawful purpose.
7
8 D. Nothing in this section shall be construed to impose
8
9 liability upon the following entities solely as a result of content
9
10 or information provided by another person:
10
11 1. An interactive computer service, as defined in 47 U.S.C.,
11
12 Section 230(f)(2);
12
13 2. A wireless service provider, as defined in Section 332(d) of
13
14 the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,
14
15 Federal Communications Commission rules, and the Omnibus Budget
15
16 Reconciliation Act of 1993, Pub. L. No. 103-66; or
16
17 3. A telecommunications network or broadband provider.
17
18 E. A person convicted under this section is subject to the
18
19 forfeiture provisions in Section 1040.54 of this title.
19
20 F. Any person who violates the provisions of subsection B of
20
21 this section shall, upon conviction, be guilty of a misdemeanor
21
22 punishable by imprisonment in a county jail for not more than one
22
23 (1) year or by a fine of not more than One Thousand Dollars
23
24 ($1,000.00), or both such fine and imprisonment.
24
Req. No. 2669 Page 3
 1 G. Any person who violates or attempts to violate the
1
2 provisions of subsection B of this section and who gains or attempts
2
3 to gain financially any property or who gains or attempts to gain
3
4 anything of value as a result of the nonconsensual dissemination or
4
5 threatened dissemination of private sexual images shall, upon
5
6 conviction, be guilty of a felony punishable by imprisonment in the
6
7 custody of the Department of Corrections for not more than four (4)
7
8 five (5) years. A second or subsequent violation of this subsection
8
9 shall be a felony punishable by imprisonment in the custody of the
9
10 Department of Corrections for not more than ten (10) years and the
10
11 offender shall be required to register as a sex offender under the
11
12 Sex Offenders Registration Act.
12
13 H. The state shall not have the discretion to file a
13
14 misdemeanor charge, pursuant to Section 234 of Title 22 of the
14
15 Oklahoma Statutes, for a violation pursuant to subsection G of this
15
16 section.
16
17 I. The court shall have the authority to order the defendant to
17
18 remove the disseminated image should the court find it is in the
18
19 power of the defendant to do so.
19
20 J. Nothing in this section shall prohibit the prosecution of a
20
21 person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,
21
22 1024.2, or 1040.12a of this title or any other applicable statute.
22
23 K. Any person who violates the provisions of subsection B of
23
24 this section by disseminating three or more images within a six-
24
Req. No. 2669 Page 4
 1 month period shall, upon conviction, be guilty of a felony
1
2 punishable by imprisonment in the custody of the Department of
2
3 Corrections for not more than ten (10) years.
3
4 SECTION 2. This act shall become effective November 1, 2024.
4
5
5
6 59-2-2669 CN 12/15/2023 6:27:57 PM
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 2669 Page 5