1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 1056 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 reference; requiring certain
8 applications; defining certain term; requiring
9 certain exception; and providing an 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 1023, and Sections 1040.8 through
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17 1040.24 of this title, “child pornography” means and includes any
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18 visual depiction or individual image stored or contained in any
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19 format on any medium including, but not limited to, film, motion
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20 picture, videotape, photograph, negative, undeveloped film, slide,
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21 photographic product, reproduction of a photographic product, play
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22 or performance wherein a minor under the age of eighteen (18) years
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23 is engaged in any act with a person, other than his or her spouse,
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24 of sexual intercourse which is normal or perverted, in any act of
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 1 anal sodomy, in any act of sexual activity with an animal, in any
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2 act of sadomasochistic abuse including, but not limited to,
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3 flagellation or torture, or the condition of being fettered, bound
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4 or otherwise physically restrained in the context of sexual conduct,
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5 in any act of fellatio or cunnilingus, in any act of excretion in
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6 the context of sexual conduct, in any lewd exhibition of the
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7 uncovered genitals in the context of masturbation or other sexual
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8 conduct, or where the lewd exhibition of the uncovered genitals,
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9 buttocks or, if such minor is a female, the breast, has the purpose
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10 of sexual stimulation of the viewer, or wherein a person under the
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11 age of eighteen (18) years observes such acts or exhibitions. Each
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12 visual depiction or individual image shall constitute a separate
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13 item and multiple copies of the same identical material shall each
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14 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 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; with
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4 regards to minors the contemporary community standards
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5 for minors shall be applied,
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6 b. taken as a whole, have as the dominant theme an appeal
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7 to prurient interest in sex as found by the average
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8 person applying contemporary community standards; with
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9 regards to minors the contemporary community standards
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10 for minors shall be applied, and
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11 c. a reasonable person would find the material or
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12 performance taken as a whole lacks serious literary,
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13 artistic, educational, political, or scientific
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14 purposes or value.
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15 The standard for obscenity applied in this section shall not apply
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16 to child pornography;
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17 2. “Contemporary community standards for minors” means obscene
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18 material with regards to a minor if one of the following conditions
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19 is met:
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20 a. if one or more news outlets in the broadcast area
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21 which includes the area where minors are potentially
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22 being given the material in question refuses to read,
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23 show, or otherwise communicate the material in
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24 question to their audience because they feel the
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 1 material is inappropriate, vulgar, or in some other
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2 way too sexually explicit to communicate to their
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3 audience,
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4 b. if one or more secular print news outlets who
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5 distributes their materials in the area which includes
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6 the area where minors are potentially being given the
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7 material in question refuses to print or communicate
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8 the material in question because they feel the
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9 material is inappropriate, vulgar, or in some way too
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10 sexually explicit to communicate to their readers, or
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11 c. if two percent (2%) or more of parents with minor
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12 children in the area where minors are potentially
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13 being given the material in question respond in a poll
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14 or other inquiry whether they would want to be
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15 informed and provide consent if the material in
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16 question were given to their child and at least ten
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17 percent (10%) of the parents asked respond that they
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18 would want to be informed and provide consent for
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19 their child to receive the material in question.
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20 The standard for obscenity applied in subparagraph c of this
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21 paragraph shall not apply when an adult knowingly provides material
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22 that qualifies as obscene, as defined in this section, to a minor;
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23 3. “Performance” means and includes any display, live or
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24 recorded, in any form or medium;
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 1 3. 4. “Sexual conduct” means and includes any of the following:
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2 a. acts of sexual intercourse including any intercourse
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3 which is normal or perverted, actual or simulated,
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4 b. acts of deviate sexual conduct, including oral and
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5 anal sodomy,
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6 c. acts of masturbation,
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7 d. acts of sadomasochistic abuse including but not
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8 limited to:
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9 (1) flagellation or torture by or upon any person who
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10 is nude or clad in undergarments or in a costume
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11 which is of a revealing nature, or
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12 (2) the condition of being fettered, bound, or
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13 otherwise physically restrained on the part of
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14 one who is nude or so clothed,
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15 e. acts of excretion in a sexual context, or
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16 f. acts of exhibiting human genitals or pubic areas; and
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17 4. 5. “Explicit child pornography” means material which a law
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18 enforcement officer can immediately identify upon first viewing
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19 without hesitation as child pornography.
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20 The types of sexual conduct described in paragraph 3 of this
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21 subsection are intended to include situations when, if appropriate
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22 to the type of conduct, the conduct is performed alone or between
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23 members of the same or opposite sex or between humans and animals in
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24 an act of apparent sexual stimulation or gratification.
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 1 SECTION 2. This act shall become effective November 1, 2023.
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3 59-1-247 JES 1/19/2023 1:09:27 PM
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