1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3456 By: Moore
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6 AS INTRODUCED
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7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Sections 1040.75 and 1040.76, which
8 relate to the display of materials harmful to minors;
8 modifying scope of certain definitions; deleting
9 definitions; providing findings and statement of
9 legislative intent; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1040.75, is
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15 amended to read as follows:
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16 Section 1040.75 As used in Sections 1040.75 through 1040.77 of
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17 this title:
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18 1. "Minor" means any unmarried person under the age of eighteen
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19 (18) years;
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20 2. "Harmful to minors" means:
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21 a. that quality of any description, exhibition,
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22 presentation or representation, in whatever form, of
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23 nudity, sexual conduct, sexual excitement, or
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24 sadomasochistic abuse when the material or
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 1 performance, taken as a whole, has the following
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2 characteristics:
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3 (1) the average person eighteen (18) years of age or
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4 older applying contemporary community standards
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5 would find that the material or performance has a
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6 predominant tendency to appeal to a prurient
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7 interest in sex to minors, and
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8 (2) the average person eighteen (18) years of age or
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9 older applying contemporary community standards
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10 would find that the material or performance
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11 depicts or describes nudity, sexual conduct,
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12 sexual excitement or sadomasochistic abuse in a
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13 manner that is patently offensive to prevailing
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14 standards in the adult community with respect to
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15 what is suitable for minors, and
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16 (3) the material or performance lacks serious
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17 literary, scientific, medical, artistic, or
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18 political value for minors, or
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19 b. any description, exhibition, presentation or
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20 representation, in whatever form, of inappropriate
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21 violence;
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22 3. "Inappropriate violence" means any description or
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23 representation, in an interactive video game or computer software,
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 1 of violence which, taken as a whole, has the following
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2 characteristics:
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3 a. the average person eighteen (18) years of age or older
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4 applying contemporary community standards would find
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5 that the interactive video game or computer software
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6 is patently offensive to prevailing standards in the
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7 adult community with respect to what is suitable for
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8 minors, and
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9 b. the interactive video game or computer software lacks
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10 serious literary, scientific, medical, artistic, or
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11 political value for minors based on, but not limited
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12 to, the following criteria:
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13 (1) is glamorized or gratuitous,
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14 (2) is graphic violence used to shock or stimulate,
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15 (3) is graphic violence that is not contextually
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16 relevant to the material,
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17 (4) is so pervasive that it serves as the thread
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18 holding the plot of the material together,
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19 (5) trivializes the serious nature of realistic
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20 violence,
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21 (6) does not demonstrate the consequences or effects
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22 of realistic violence,
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23 (7) uses brutal weapons designed to inflict the
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24 maximum amount of pain and damage,
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 1 (8) endorses or glorifies torture or excessive
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2 weaponry, or
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3 (9) depicts lead characters who resort to violence
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4 freely;
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5 4. "Nudity" means the:
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6 a. showing of the human male or female genitals, pubic
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7 area, or buttocks with less than a full opaque
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8 covering,
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9 b. showing of the female breast with less than a full
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10 opaque covering of any portion of the female breast
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11 below the top of the nipple, or
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12 c. depiction of covered male genitals in a discernibly
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13 turgid state;
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14 5. "Sexual conduct" means acts of masturbation, homosexuality,
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15 sexual intercourse, or physical contact with a person's clothed or
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16 unclothed genitals, pubic area, buttocks, or, if such person be a
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17 female, breast fellatio, cunnilingus, anal intercourse, or any other
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18 intrusion, however slight, of any part of a person's body or of any
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19 object into the genital or anal openings of another person's body,
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20 or depictions or descriptions of sexual bestiality, sadomasochism,
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21 masturbation, or excretory functions;
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22 6. "Sexual excitement" means the condition of human male or
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23 female genitals when in a state of sexual stimulation or arousal;
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 1 7. "Sadomasochistic abuse" means flagellation or torture by or
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2 upon a person clothed or naked or the condition of being fettered,
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3 bound or otherwise physically restrained on the part of one so
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4 clothed or naked;
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5 8. "Material" means anything tangible that is capable of being
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6 used or adapted to arouse prurient interest, whether through the
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7 medium of reading, observation, sound, or in any other manner
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8 including, but not limited to, anything printed or written, any
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9 book, magazine, newspaper, pamphlet, poster, print, picture, figure,
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10 image, description, drawing, pictorial representation, motion
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11 picture film, record, recording tape, CD-ROM disk, Magnetic Disk
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12 Memory, Magnetic Tape Memory, photograph, video tape, computer
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13 software or video disk, film, transparency, slide, audiotape, audio
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14 disk, computer tape, video game, or any other medium used to
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15 electronically produce or reproduce images on a screen, or any
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16 mechanical, chemical, or electronic reproduction. Material includes
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17 undeveloped photographs, molds, printing plates, and other latent
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18 representational objects whether or not processing or other acts are
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19 required to make the content of the material apparent;
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20 9. "CD-ROM" means a compact disk with read only memory which
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21 has the capacity to store audio, video and written materials and may
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22 be used by computer to play or display materials harmful to minors;
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23 10. "Magnetic Disk Memory" means a memory system that stores
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24 and retrieves binary data on record-like metal or plastic disks
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 1 coated with a magnetic material, including but not limited to floppy
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2 diskettes;
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3 11. "Magnetic Tape Memory" means a memory system that stores
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4 and retrieves binary data on magnetic recording tape;
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5 12. "Performance" means any motion picture, film, video tape,
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6 played record, phonograph or tape, preview, trailer, play, show,
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7 skit, dance, or other exhibition performed or presented to or before
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8 an audience of one or more, with or without consideration;
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9 13. 10. "Knowingly" means having general knowledge of, or
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10 reason to know, or a belief or ground for belief which warrants
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11 further inspection or inquiry of both:
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12 a. the character and content of any material or
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13 performance which is reasonably susceptible of
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14 examination by the defendant, and
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15 b. the age of the minor. However, an honest mistake,
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16 shall constitute an excuse from liability pursuant to
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17 this act if the defendant made a reasonable bona fide
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18 attempt to ascertain the true age of such minor;
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19 14. 11. "Person" means any individual, partnership,
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20 association, corporation, or other legal entity of any kind; and
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21 15. 12. "A reasonable bona fide attempt" means an attempt to
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22 ascertain the true age of the minor by requiring production of a
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23 driver license, marriage license, birth certificate or other
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 1 governmental or educational identification card or paper and not
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2 relying solely on the oral allegations or apparent age of the minor.
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3 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1040.76, is
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4 amended to read as follows:
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5 Section 1040.76 The Legislature finds that protecting minor
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6 children from overtly sexual and violent content is a legitimate
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7 objective that should be actively enforced.
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8 The Legislature further finds that the protection of the right
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9 of the people to engage in the freedom of speech and expression is a
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10 sacred right in the United States; however, such performances and
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11 materials may not contain depictions of sexual conduct, nudity, or
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12 inappropriate violence which are harmful to minor children.
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13 Therefore, it is the intent of the Legislature that these
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14 provisions be diligently enforced to protect minor children while
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15 also protecting the free speech rights of the public.
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16 No person, including but not limited to any persons having
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17 custody, control or supervision of any commercial establishment,
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18 shall knowingly:
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19 1. Display material which is harmful to minors in such a way
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20 that minors, as a part of the invited general public, will be
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21 exposed to view such material. Provided, however, a person shall be
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22 deemed not to have "displayed" material harmful to minors if the
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23 material is kept behind devices commonly known as "blinder racks" so
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 1 that the lower two-thirds (2/3) of the material is not exposed to
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2 view;
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3 2. Sell, furnish, present, distribute, allow to view, or
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4 otherwise disseminate to a minor, with or without consideration, any
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5 material which is harmful to minors; or
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6 3. Present to a minor or participate in presenting to a minor,
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7 with or without consideration, any performance which is harmful to a
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8 minor.
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9 SECTION 3. This act shall become effective November 1, 2024.
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11 59-2-8784 GRS 01/10/24
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