1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3992 By: Fetgatter
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7 AS INTRODUCED
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8 An Act relating to sex crimes; creating Knights Law;
8 requiring persons convicted of certain crimes to
9 serve one hundred percent of sentence; prohibiting
9 inmates from receiving earned credits; amending 21
10 O.S. 2021, Section 13.1, which relates to required
10 minimum sentences; removing crimes from list of
11 offenses; amending 21 O.S. 2021, Section 748, as
11 amended by Section 1, Chapter 20, O.S.L. 2022 (21
12 O.S. Supp. 2023, Section 748), which relates to the
12 crime of human trafficking; modifying and adding
13 penalties; amending 21 O.S. 2021, Section 843.5,
13 which relates to the crime of child abuse; modifying
14 penalties for certain offenses; amending 21 O.S.
14 2021, Sections 1021.2, 1021.3, 1024.2, 1031 and
15 1040.12a, which relate to the Oklahoma Law on
15 Obscenity and Child Pornography; modifying penalties
16 for certain offenses; amending 21 O.S. 2021, Section
16 1115, which relates to penalties for first degree
17 rape; modifying penalty; amending 22 O.S. 2021,
17 Section 1101, as amended by Section 1, Chapter 117,
18 O.S.L. 2022 (22 O.S. Supp. 2023, Section 1101), which
18 relates to persons authorized to take bail; creating
19 rebuttable presumption for persons arrested for
19 certain sex crimes; amending 57 O.S. 2021, Section
20 138, which relates to credits for good conduct;
20 prohibiting persons convicted of certain sex crimes
21 from receiving earned credits; providing for
21 noncodification; providing for codification; and
22 providing an effective date.
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1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2 SECTION 1. NEW LAW A new section of law not to be
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3 codified in the Oklahoma Statutes reads as follows:
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4 Sections 1 through 14 of this act shall be known and may be
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5 cited as "Knights Law".
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6 SECTION 2. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 13.2 of Title 21, unless there
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8 is created a duplication in numbering, reads as follows:
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9 Persons convicted of:
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10 1. Rape in the first degree as provided for in Section 1111,
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11 1114, or 1115 of Title 21 of the Oklahoma Statutes;
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12 2. Child sexual abuse as provided for in subsection E or F of
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13 Section 843.5 of Title 21 of the Oklahoma Statutes;
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14 3. Lewd or indecent proposals or acts to a child as provided
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15 for in subsection A of Section 1123 of Title 21 of the Oklahoma
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16 Statutes;
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17 4. Child pornography or aggravated child pornography as
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18 provided for in Section 1021.2, 1021.3, 1024.1, 1024.2, or 1040.12a
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19 of Title 21 of the Oklahoma Statutes;
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20 5. Child prostitution as provided for in Section 1031 of Title
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21 21 of the Oklahoma Statutes; or
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22 6. Human trafficking of a minor for commercial sex as provided
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23 for in Section 748 of Title 21 of the Oklahoma Statutes,
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1 shall be required to serve not less than one hundred percent (100%)
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2 of any sentence of imprisonment imposed by the judicial system.
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3 Persons convicted of these offenses shall not be eligible for earned
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4 credits or any other type of credits which have the effect of
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5 reducing the length of the sentence to less than one hundred percent
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6 (100%) of the sentence imposed.
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7 SECTION 3. AMENDATORY 21 O.S. 2021, Section 13.1, is
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8 amended to read as follows:
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9 Section 13.1 Persons convicted of:
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10 1. First degree murder as defined in Section 701.7 of this
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11 title;
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12 2. Second degree murder as defined by Section 701.8 of this
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13 title;
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14 3. Manslaughter in the first degree as defined by Section 711
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15 of this title;
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16 4. Poisoning with intent to kill as defined by Section 651 of
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17 this title;
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18 5. Shooting with intent to kill, use of a vehicle to facilitate
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19 use of a firearm, crossbow or other weapon, assault, battery, or
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20 assault and battery with a deadly weapon or by other means likely to
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21 produce death or great bodily harm, as provided for in Section 652
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22 of this title;
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23 6. Assault with intent to kill as provided for in Section 653
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24 of this title;
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1 7. Conjoint robbery as defined by Section 800 of this title;
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2 8. Robbery with a dangerous weapon as defined in Section 801 of
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3 this title;
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4 9. First degree robbery as defined in Section 797 of this
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5 title;
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6 10. First degree rape as provided for in Section 1111, 1114 or
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7 1115 of this title;
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8 11. First degree arson as defined in Section 1401 of this
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9 title;
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10 12. 11. First degree burglary as provided for in Section 1436
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11 of this title;
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12 13. 12. Bombing as defined in Section 1767.1 of this title;
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13 14. Any 13. Except for the crime of child sexual abuse, any
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14 crime against a child provided for in Section 843.5 of this title;
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15 15. 14. Forcible sodomy as defined in Section 888 of this
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16 title;
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17 16. Child pornography or aggravated child pornography as
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18 defined in Section 1021.2, 1021.3, 1024.1, 1024.2 or 1040.12a of
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19 this title;
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20 17. Child prostitution as defined in Section 1030 of this
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21 title;
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22 18. Lewd molestation of a child as defined in Section 1123 of
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23 this title;
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1 19. 15. Abuse of a vulnerable adult as defined in Section 10-
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2 103 of Title 43A of the Oklahoma Statutes;
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3 20. 16. Aggravated trafficking as provided for in subsection C
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4 of Section 2-415 of Title 63 of the Oklahoma Statutes;
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5 21. 17. Aggravated assault and battery upon any person
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6 defending another person from assault and battery; or
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7 22. Human 18. Except for the crime of human trafficking of a
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8 minor for commercial sex, human trafficking as provided for in
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9 Section 748 of this title,
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10 shall be required to serve not less than eighty-five percent (85%)
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11 of any sentence of imprisonment imposed by the judicial system prior
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12 to becoming eligible for consideration for parole. Persons
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13 convicted of these offenses shall not be eligible for earned credits
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14 or any other type of credits which have the effect of reducing the
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15 length of the sentence to less than eighty-five percent (85%) of the
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16 sentence imposed.
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17 SECTION 4. AMENDATORY 21 O.S. 2021, Section 748, as
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18 amended by Section 1, Chapter 20, O.S.L. 2022 (21 O.S. Supp. 2023,
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19 Section 748), is amended to read as follows:
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20 Section 748. A. As used in Sections 748 and 748.2 of this
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21 title:
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22 1. "Coercion" means compelling, forcing or intimidating a
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23 person to act by:
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1 a. threats of harm or physical restraint against any
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2 person,
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3 b. any act, scheme, plan, or pattern intended to cause a
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4 person to believe that performing, or failing to
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5 perform, an act would result in serious physical,
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6 financial, or emotional harm or distress to or
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7 physical restraint against any person,
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8 c. the abuse or threatened abuse of the law or legal
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9 process,
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10 d. knowingly destroying, concealing, removing,
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11 confiscating or possessing any actual or purported
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12 passport, labor or immigration document, or other
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13 government identification document, including but not
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14 limited to a driver license or birth certificate, of
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15 another person,
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16 e. facilitating or controlling a person's access to any
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17 addictive or controlled substance other than for legal
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18 medical purposes,
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19 f. blackmail,
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20 g. demanding or claiming money, goods, or any other thing
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21 of value from or on behalf of a prostituted person
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22 where such demand or claim arises from or is directly
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23 related to the act of prostitution,
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1 h. determining, dictating or setting the times at which
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2 another person will be available to engage in an act
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3 of prostitution with a third party,
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4 i. determining, dictating or setting the places at which
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5 another person will be available for solicitation of,
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6 or to engage in, an act of prostitution with a third
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7 party, or
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8 j. determining, dictating or setting the places at which
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9 another person will reside for purposes of making such
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10 person available to engage in an act of prostitution
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11 with a third party;
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12 2. "Commercial sex" means any form of commercial sexual
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13 activity such as sexually explicit performances, prostitution,
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14 participation in the production of pornography, performance in a
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15 strip club, or exotic dancing or display;
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16 3. "Debt bondage" means the status or condition of a debtor
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17 arising from a pledge by the debtor of his or her personal services
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18 or of those of a person under his or her control as a security for
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19 debt if the value of those services as reasonably assessed is not
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20 applied toward the liquidation of the debt or the length and nature
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21 of those services are not respectively limited and defined;
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22 4. "Human trafficking" means modern-day slavery that includes,
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23 but is not limited to, extreme exploitation and the denial of
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1 freedom or liberty of an individual for purposes of deriving benefit
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2 from that individual's commercial sex act or labor;
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3 5. "Human trafficking for labor" means:
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4 a. recruiting, enticing, harboring, maintaining,
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5 transporting, providing or obtaining, by any means,
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6 another person through deception, force, fraud, threat
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7 or coercion or for purposes of engaging the person in
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8 labor, or
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9 b. benefiting, financially or by receiving anything of
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10 value, from participation in a venture that has
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11 engaged in an act of trafficking for labor;
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12 6. "Human trafficking for commercial sex" means:
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13 a. recruiting, enticing, harboring, maintaining,
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14 transporting, providing or obtaining, by any means,
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15 another person through deception, force, fraud, threat
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16 or coercion for purposes of engaging the person in a
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17 commercial sex act,
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18 b. recruiting, enticing, harboring, maintaining,
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19 transporting, providing, purchasing or obtaining, by
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20 any means, a minor for purposes of engaging the minor
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21 in a commercial sex act, or
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22 c. benefiting, financially or by receiving anything of
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23 value, from participating in a venture that has
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24 engaged in an act of trafficking for commercial sex;
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1 7. "Legal process" means the criminal law, the civil law, or
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2 the regulatory system of the federal government, any state,
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3 territory, district, commonwealth, or trust territory therein, and
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4 any foreign government or subdivision thereof and includes legal
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5 civil actions, criminal actions, and regulatory petitions or
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6 applications;
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7 8. "Minor" means an individual under eighteen (18) years of
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8 age; and
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9 9. "Victim" means a person against whom a violation of any
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10 provision of this section has been committed.
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11 B. It shall be unlawful to knowingly engage in human
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12 trafficking.
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13 C. 1. Any person violating the provisions of this section
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14 shall, upon conviction, be guilty of a felony punishable by
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15 imprisonment in the custody of the Department of Corrections for a
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16 term of not less than five (5) years or for life, or by a fine of
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17 not more than One Hundred Thousand Dollars ($100,000.00), or by both
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18 such fine and imprisonment.
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19 2. Any person violating the provisions of this section where
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20 the victim of the offense of human trafficking for labor is under
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21 eighteen (18) years of age at the time of the offense shall, upon
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22 conviction, be guilty of a felony punishable by imprisonment in the
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23 custody of the Department of Corrections for a term of not less than
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24 fifteen (15) years or for life, or by a fine of not more than Two
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1 Hundred Fifty Thousand Dollars ($250,000.00), or by both such fine
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2 and imprisonment.
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3 3. Any person violating the provisions of this section where
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4 the victim of the offense of human trafficking for commercial sex is
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5 under eighteen (18) years of age at the time of the offense shall,
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6 upon conviction, be guilty of a felony punishable by imprisonment in
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7 the custody of the Department of Corrections for a term of life
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8 without parole.
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9 4. The court shall also order the defendant to pay restitution
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10 to the victim as provided in Section 991f of Title 22 of the
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11 Oklahoma Statutes.
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12 5. If the person is convicted of human trafficking, the person
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13 shall serve eighty-five percent (85%) of the sentence before being
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14 eligible for parole consideration or any earned credits. If the
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15 person is convicted of human trafficking of a minor for commercial
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16 sex, the person shall serve not less than one hundred percent (100%)
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17 of the sentence imposed.
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18 6. The terms of imprisonment specified in this subsection shall
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19 not be subject to statutory provisions for suspension, deferral or
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20 probation, or state correctional institution earned credits accruing
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21 from and after November 1, 1989, except for the achievement earned
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22 credits authorized by subsection H of Section 138 of Title 57 of the
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23 Oklahoma Statutes. To qualify for such achievement earned credits,
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24 such inmates must also be in compliance with the standards for Class
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1 level 2 behavior, as defined in subsection D of Section 138 of Title
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2 57 of the Oklahoma Statutes.
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3 D. It is an affirmative defense to prosecution for a criminal,
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4 youthful offender, or delinquent offense that, during the time of
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5 the alleged commission of the offense, the defendant or alleged
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6 youthful offender or delinquent was a victim of human trafficking.
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7 E. The consent of a victim to the activity prohibited by this
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8 section shall not constitute a defense.
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9 F. Lack of knowledge of the age of the victim shall not
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10 constitute a defense to the activity prohibited by this sect