1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1994 By: Standridge
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6 AS INTRODUCED
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7 An Act relating to obscene material; amending 21 O.S.
7 2021, Section 1024.1, which relates to definitions;
8 updating statutory references; modifying definitions;
8 updating statutory language; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, is
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14 amended to read as follows:
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15 Section 1024.1. A. As used in Sections 1021, 1021.1 through
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16 1021.4, Sections 1022 through 1024 1024.4, and Sections 1040.8
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17 through 1040.24 of this title, “child pornography” means and
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18 includes any visual depiction or individual image stored or
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19 contained in any format on any medium including, but not limited to,
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20 film, motion picture, videotape, photograph, negative, undeveloped
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21 film, slide, photographic product, reproduction of a photographic
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22 product, play or performance wherein a minor under the age of
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23 eighteen (18) years is engaged in any act with a person, other than
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24 his or her spouse, of sexual intercourse which is normal or
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 1 perverted, in any act of anal sodomy, in any act of sexual activity
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2 with an animal, in any act of sadomasochistic abuse including, but
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3 not limited to, flagellation or torture, or the condition of being
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4 fettered, bound or otherwise physically restrained in the context of
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5 sexual conduct, in any act of fellatio or cunnilingus, in any act of
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6 excretion in the context of sexual conduct, in any lewd exhibition
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7 of the uncovered genitals in the context of masturbation or other
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8 sexual conduct, or where the lewd exhibition of the uncovered
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9 genitals, buttocks or, if such minor is a female, the breast, has
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10 the purpose of sexual stimulation of the viewer, or wherein a person
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11 under the age of eighteen (18) years observes such acts or
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12 exhibitions. Each visual depiction or individual image shall
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13 constitute a separate item and multiple copies of the same identical
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14 material shall each be counted as a separate item.
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15 B. As used in Sections 1021 through 1024.4 and Sections 1040.8
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16 through 1040.24 of this title:
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17 1. “Obscene material” means and includes any representation,
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18 performance, depiction or description of sexual conduct, whether in
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19 any form or on any medium including still photographs, undeveloped
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20 photographs, motion pictures, undeveloped film, videotape, optical,
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21 magnetic or solid-state storage, CD or DVD, or a purely photographic
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22 product or a reproduction of such product in any book, pamphlet,
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23 magazine, or other publication or electronic or photo-optical
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24 format, if said such items contain the following elements:
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 1 a. depictions or descriptions of sexual conduct which are
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2 patently offensive as found by the average person
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3 applying contemporary community standards,
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4 b. taken as a whole, have as the dominant theme an appeal
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5 to prurient interest in sex, or in minors create a
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6 prurient interest in sex, as found by the average
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7 person applying contemporary community standards, and
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8 c. a reasonable person would find the material or
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9 performance taken as a whole lacks serious literary,
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10 artistic, educational, political, or scientific
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11 purposes or value; provided, however, such standard
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12 shall not apply when an adult knowingly provides
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13 material that qualifies as obscene to a minor without
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14 written informed consent by the minor’s parent or
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15 guardian.
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16 The standard for obscenity applied in this section shall not apply
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17 to child pornography;
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18 2. “Performance” means and includes any display, live or
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19 recorded, in any form or medium;
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20 3. “Sexual conduct” means and includes any of the following:
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21 a. acts of sexual intercourse including any intercourse
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22 which is normal or perverted, actual or simulated,
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23 b. acts of deviate deviant sexual conduct, including oral
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24 and anal sodomy,
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 1 c. acts of masturbation,
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2 d. acts of sadomasochistic abuse including but not
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3 limited to:
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4 (1) flagellation or torture by or upon any person who
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5 is nude or clad in undergarments or in a costume
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6 which is of a revealing nature, or
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7 (2) the condition of being fettered, bound, or
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8 otherwise physically restrained on the part of
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9 one who is nude or so clothed,
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10 e. acts of excretion in a sexual context, or
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11 f. acts of exhibiting human genitals or pubic areas; and
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12 4. “Explicit child pornography” means material which a law
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13 enforcement officer can immediately identify upon first viewing
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14 without hesitation as child pornography.
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15 The types of sexual conduct described in paragraph 3 of this
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16 subsection are intended to include situations when, if appropriate
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17 to the type of conduct, the conduct is performed alone or between
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18 members of the same or opposite sex or between humans and animals in
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19 an act of apparent sexual stimulation or gratification.
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20 SECTION 2. This act shall become effective November 1, 2024.
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22 59-2-2422 TEK 1/18/2024 2:34:46 PM
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