1 HOUSE OF REPRESENTATIVES - FLOOR VERSION
2 STATE OF OKLAHOMA
3 2nd Session of the 59th Legislature (2024)
4 HOUSE BILL 3450 By: Boatman
5
6
7 AS INTRODUCED
8 An Act relating to child prostitution; amending 21
O.S. 2021, Section 13.1, which relates to required
9 minimum sentences; modifying name of certain unlawful
act; amending 21 O.S. 2021, Section 843.5, which
10 relates to penalties for child abuse; modifying name
of certain unlawful act; amending 21 O.S. 2021,
11 Sections 1029, as last amended by Section 1, Chapter
265, O.S.L. 2023, 1030 and 1031, as amended by
12 Section 2, Chapter 265, O.S.L. 2023 (21 O.S. Supp.
2023, Sections 1029 and 1031), which relate to the
13 Oklahoma Law on Obscenity and Child Pornography;
modifying name of certain unlawful act; amending 21
14 O.S. 2021, Sections 1087 and 1088, which relate to
child prostitution; modifying name of certain
15 unlawful act; amending 22 O.S. 2021, Section 40,
which relates to definitions of certain criminal
16 offenses; modifying name of certain unlawful act;
amending 22 O.S. 2021, Section 126, which relates to
17 jurisdiction for kidnapping offenses; increasing age
requirement; clarifying circumstance that dictates
18 jurisdiction for certain kidnapping offense; amending
22 O.S. 2021, Section 991h, which relates to no
19 contact orders by the court; modifying name of
certain unlawful act; amending 57 O.S. 2021, Section
20 138, which relates to earned credits for good
conduct; modifying name of certain unlawful act;
21 amending 57 O.S. 2021, Section 332.16, which relates
to parole recommendations; modifying name of certain
22 unlawful act; amending 57 O.S. 2021, Section 571, as
amended by Section 2, Chapter 212, O.S.L. 2023 (57
23 O.S. Supp. 2023, Section 571), which relates to
violent crime definition; modifying name of certain
24 unlawful act; amending 57 O.S. 2021, Section 582,
HB3450 HFLR Page 1
BOLD FACE denotes Committee Amendments.
1 which relates to the Sex Offenders Registration Act;
modifying name of certain unlawful act; amending 74
2 O.S. 2021, Section 151.1, which relates to the
Internet Crimes Against Children Unit; modifying name
3 of certain unlawful act; and providing an effective
date.
4
5
6
7 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
8 SECTION 1. AMENDATORY 21 O.S. 2021, Section 13.1, is
9 amended to read as follows:
10 Section 13.1 Persons convicted of:
11 1. First degree murder as defined in Section 701.7 of this
12 title;
13 2. Second degree murder as defined by Section 701.8 of this
14 title;
15 3. Manslaughter in the first degree as defined by Section 711
16 of this title;
17 4. Poisoning with intent to kill as defined by Section 651 of
18 this title;
19 5. Shooting with intent to kill, use of a vehicle to facilitate
20 use of a firearm, crossbow or other weapon, assault, battery, or
21 assault and battery with a deadly weapon or by other means likely to
22 produce death or great bodily harm, as provided for in Section 652
23 of this title;
24
HB3450 HFLR Page 2
BOLD FACE denotes Committee Amendments.
1 6. Assault with intent to kill as provided for in Section 653
2 of this title;
3 7. Conjoint robbery as defined by Section 800 of this title;
4 8. Robbery with a dangerous weapon as defined in Section 801 of
5 this title;
6 9. First degree robbery as defined in Section 797 of this
7 title;
8 10. First degree rape as provided for in Section 1111, 1114 or
9 1115 of this title;
10 11. First degree arson as defined in Section 1401 of this
11 title;
12 12. First degree burglary as provided for in Section 1436 of
13 this title;
14 13. Bombing as defined in Section 1767.1 of this title;
15 14. Any crime against a child provided for in Section 843.5 of
16 this title;
17 15. Forcible sodomy as defined in Section 888 of this title;
18 16. Child pornography or aggravated child pornography as
19 defined in Section 1021.2, 1021.3, 1024.1, 1024.2 or 1040.12a of
20 this title;
21 17. Child prostitution sex trafficking as defined in Section
22 1030 of this title;
23 18. Lewd molestation of a child as defined in Section 1123 of
24 this title;
HB3450 HFLR Page 3
BOLD FACE denotes Committee Amendments.
1 19. Abuse of a vulnerable adult as defined in Section 10-103 of
2 Title 43A of the Oklahoma Statutes;
3 20. Aggravated trafficking as provided for in subsection C of
4 Section 2-415 of Title 63 of the Oklahoma Statutes;
5 21. Aggravated assault and battery upon any person defending
6 another person from assault and battery; or
7 22. Human trafficking as provided for in Section 748 of this
8 title,
9 shall be required to serve not less than eighty-five percent (85%)
10 of any sentence of imprisonment imposed by the judicial system prior
11 to becoming eligible for consideration for parole. Persons
12 convicted of these offenses shall not be eligible for earned credits
13 or any other type of credits which have the effect of reducing the
14 length of the sentence to less than eighty-five percent (85%) of the
15 sentence imposed.
16 SECTION 2. AMENDATORY 21 O.S. 2021, Section 843.5, is
17 amended to read as follows:
18 Section 843.5 A. Any person who shall willfully or maliciously
19 engage in child abuse, as defined in this section, shall, upon
20 conviction, be guilty of a felony punishable by imprisonment in the
21 custody of the Department of Corrections not exceeding life
22 imprisonment, or by imprisonment in a county jail not exceeding one
23 (1) year, or by a fine of not less than Five Hundred Dollars
24
HB3450 HFLR Page 4
BOLD FACE denotes Committee Amendments.
1 ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both
2 such fine and imprisonment.
3 B. Any person responsible for the health, safety or welfare of
4 a child who shall willfully or maliciously engage in enabling child
5 abuse, as defined in this section, shall, upon conviction, be
6 punished by imprisonment in the custody of the Department of
7 Corrections not exceeding life imprisonment, or by imprisonment in a
8 county jail not exceeding one (1) year, or by a fine of not less
9 than Five Hundred Dollars ($500.00) nor more than Five Thousand
10 Dollars ($5,000.00), or both such fine and imprisonment.
11 C. Any person responsible for the health, safety or welfare of
12 a child who shall willfully or maliciously engage in child neglect,
13 as defined in this section, shall, upon conviction, be punished by
14 imprisonment in the custody of the Department of Corrections not
15 exceeding life imprisonment, or by imprisonment in a county jail not
16 exceeding one (1) year, or by a fine of not less than Five Hundred
17 Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00),
18 or both such fine and imprisonment.
19 D. Any parent or other person who shall willfully or
20 maliciously engage in enabling child neglect shall, upon conviction,
21 be punished by imprisonment in the custody of the Department of
22 Corrections not exceeding life imprisonment, or by imprisonment in a
23 county jail not exceeding one (1) year, or by a fine of not less
24
HB3450 HFLR Page 5
BOLD FACE denotes Committee Amendments.
1 than Five Hundred Dollars ($500.00) nor more than Five Thousand
2 Dollars ($5,000.00), or both such fine and imprisonment.
3 E. Any person responsible for the health, safety or welfare of
4 a child who shall willfully or maliciously engage in child sexual
5 abuse, as defined in this section, shall, upon conviction, be
6 punished by imprisonment in the custody of the Department of
7 Corrections not exceeding life imprisonment, or by imprisonment in a
8 county jail not exceeding one (1) year, or by a fine of not less
9 than Five Hundred Dollars ($500.00) nor more than Five Thousand
10 Dollars ($5,000.00), or both such fine and imprisonment, except as
11 provided in Section 51.1a of this title or as otherwise provided in
12 subsection F of this section for a child victim under twelve (12)
13 years of age. Except for persons sentenced to life or life without
14 parole, any person sentenced to imprisonment for two (2) years or
15 more for a violation of this subsection shall be required to serve a
16 term of post-imprisonment supervision pursuant to subparagraph f of
17 paragraph 1 of subsection A of Section 991a of Title 22 of the
18 Oklahoma Statutes under conditions determined by the Department of
19 Corrections. The jury shall be advised that the mandatory post-
20 imprisonment supervision shall be in addition to the actual
21 imprisonment.
22 F. Any person responsible for the health, safety or welfare of
23 a child who shall willfully or maliciously engage in child sexual
24 abuse, as defined in this section, to a child under twelve (12)
HB3450 HFLR Page 6
BOLD FACE denotes Committee Amendments.
1 years of age shall, upon conviction, be punished by imprisonment in
2 the custody of the Department of Corrections for not less than
3 twenty-five (25) years nor more than life imprisonment, and by a
4 fine of not less than Five Hundred Dollars ($500.00) nor more than
5 Five Thousand Dollars ($5,000.00).
6 G. Any parent or other person who shall willfully or
7 maliciously engage in enabling child sexual abuse shall, upon
8 conviction, be punished by imprisonment in the custody of the
9 Department of Corrections not exceeding life imprisonment, or by
10 imprisonment in a county jail not exceeding one (1) year, or by a
11 fine of not less than Five Hundred Dollars ($500.00) nor more than
12 Five Thousand Dollars ($5,000.00), or both such fine and
13 imprisonment.
14 H. Any person who shall willfully or maliciously engage in
15 child sexual exploitation, as defined in this section, shall, upon
16 conviction, be punished by imprisonment in the custody of the
17 Department of Corrections not exceeding life imprisonment, or by
18 imprisonment in a county jail not exceeding one (1) year, or by a
19 fine of not less than Five Hundred Dollars ($500.00) nor more than
20 Five Thousand Dollars ($5,000.00), or both such fine and
21 imprisonment, except as provided in subsection I of this section for
22 a child victim under twelve (12) years of age. Except for persons
23 sentenced to life or life without parole, any person sentenced to
24 imprisonment for two (2) years or more for a violation of this
HB3450 HFLR Page 7
BOLD FACE denotes Committee Amendments.
1 subsection shall be required to serve a term of post-imprisonment
2 supervision pursuant to subparagraph f of paragraph 1 of subsection
3 A of Section 991a of Title 22 of the Oklahoma Statutes under
4 conditions determined by the Department of Corrections. The jury
5 shall be advised that the mandatory post-imprisonment supervision
6 shall be in addition to the actual imprisonment.
7 I. Any person who shall willfully or maliciously engage in
8 child sexual exploitation, as defined in this section, of a child
9 under twelve (12) years of age shall, upon conviction, be punished
10 by imprisonment in the custody of the Department of Corrections for
11 not less than twenty-five (25) years nor more than life
12 imprisonment, and by a fine of not less than Five Hundred Dollars
13 ($500.00) nor more than Five Thousand Dollars ($5,000.00).
14 J. Any person responsible for the health, safety or welfare of
15 a child who shall willfully or maliciously engage in enabling child
16 sexual exploitation, as defined in this section, shall, upon
17 conviction, be punished by imprisonment in the custody of the
18 Department of Corrections not exceeding life imprisonment, or by
19 imprisonment in a county jail not exceeding one (1) year, or by a
20 fine of not less than Five Hundred Dollars ($500.00) nor more than
21 Five Thousand Dollars ($5,000.00), or both such fine and
22 imprisonment.
23 K. Notwithstanding any other provision of law, any person
24 convicted of forcible anal or oral sodomy, rape, rape by
HB3450 HFLR Page 8
BOLD FACE denotes Committee Amendments.
1 instrumentation, or lewd molestation of a child under fourteen (14)
2 years of age subsequent to a previous conviction for any offense of
3 forcible anal or oral sodomy, rape, rape by instrumentation, or lewd
4 molestation of a child under fourteen (14) years of age shall be
5 punished by death or by imprisonment for life without parole.
6 L. Provided, however, that nothing contained in this section
7 shall prohibit any parent or guardian from using reasonable and
8 ordinary force pursuant to Section 844 of this title.
9 M. Consent shall not be a defense for any violation provided
10 for in this section.
11 N. Notwithstanding the age requirements of other statutes
12 referenced within this section, this section shall apply to any
13 child under eighteen (18) years of age.
14 O. As used in this section:
15 1. "Child abuse" means:
16 a. the willful or malicious harm or threatened harm or
17 failure to protect from harm or threatened harm to the
18 health, safety or welfare of a child under eighteen
19 (18) years of age by a person responsible for a
20 child's health, safety or welfare, or
21 b. the act of willfully or maliciously injuring,
22 torturing or maiming a child under eighteen (18) years
23 of age by any person;
24
HB3450 HFLR Page 9
BOLD FACE denotes Committee Amendments.
1 2. "Child neglect" means the willful or malicious neglect, as
2 defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, of
3 a child under eighteen (18) years of age by a person responsible for
4 a child's health, safety or welfare;
5 3. "Child sexual abuse" means the willful or malicious sexual
6 abuse of a child under eighteen (18) years of age by a person
7 responsible for a child's health, safety or welfare and includes,
8 but is not limited to:
9 a. sexual intercourse,
10 b. penetration of the vagina or anus, however slight, by
11 an inanimate object or any part of the human body not
12 amounting to sexual intercourse,
13 c. sodomy,
14 d. incest, or
15 e. a lewd act or proposal, as defined in this section;
16 4. "Child sexual exploitation" means the willful or malicious
17 sexual exploitation of a child under eighteen (18) years of age by
18 another and includes, but is not limited to:
19 a. human trafficking, as provided for in Section 748 of
20 this title, if the offense involved child trafficking
21 for commercial sex,
22 b. trafficking in children, as provided for in Section
23 866 of this title, if the offense was committed for
24 the sexual gratification of any person,
HB3450 HFLR Page 10
BOLD FACE denotes Committee Amendments.
1 c. procuring or causing the participation of a minor in
2 child pornography, as provided for in Section 1021.2
3 of this title,
4 d. purchase, procurement or possession of child
5 pornography, as provided for in Section 1024.2 of this
6 title,
7 e. engaging in or soliciting prostitution, as provided
8 for in Section 1029 of this title, if the offense
9 involved child prostitution sex trafficking,
10 f. publication, distribution or participation in the
11 preparation of obscene material, as provided for in
12 Section 1040.8 of this title, if the offense involved
13 child pornography,
14 g. aggravated possession of child pornography, as
15 provided for in Section 1040.12a of this title,
16 h. sale o