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OKLAHOMA

Oklahoma Statutes
  Title 21. Crimes and Punishments
   Chapter 39 - Oklahoma Law on Obscenity and Child Pornography
       Section 1021 - Indecent Exposure - Indecent Exhibitions - Obscene or Indecent
                               Writings, Pictures, Etc. - Solicitation of Minors

A.
Every person who willfully and knowingly either:

    1. Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act;

    2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer;

    3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography; or

    4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or child pornography,

shall be guilty, upon conviction, of a felony and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment.

B. Every person who:

    1. Willfully solicits or aids a minor child to perform; or

    2. Shows, exhibits, loans, or distributes to a minor child any obscene material or child pornography for the purpose of inducing said minor to participate in,

any act specified in paragraphs 1, 2, 3 or 4 of subsection A of this section shall be guilty of a felony, upon conviction, and shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than thirty (30) years, except when the minor child is under twelve (12) years of age at the time the offense is committed, and in such case the person shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty-five (25) years.

C. Persons convicted under this section shall not be eligible for a deferred sentence.

D. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this section shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

E. For purposes of this section, "downloading on a computer" means electronically transferring an electronic file from one computer or electronic media to another computer or electronic media.

    Historical Data

    R.L. 1910, 2463; Amended by Laws 1935, HB 536, p. 18, 1, emerg. eff. May 8, 1935; Amended by Laws 1951, HB 493, p. 60, 1; Amended by Laws 1961, SB 144, p. 230, 1, emerg. eff. July 18, 1961; Amended by Laws 1967, SB 68, c. 111, 1, emerg. eff. April 25, 1967; Amended by Laws 1978, SB 328, c. 121, 1; Amended by Laws 1984, HB 1779, c. 91, 1, eff. November 1, 1984; Amended by Laws 1996, HB 2506, c. 37, 1, eff. November 1, 1996; Amended by Laws 1997, HB 1213, c. 133, 276 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, 23-26, emerg. eff. June 19, 1998); Amended by Laws 1999, 1st Extr. Sess., HB 1009, c. 5, 179, emerg. eff. July 1, 1999; Amended by Laws 2000, HB 2104, c. 208, 1, eff. November 1, 2000; Amended by Laws 2002, HB 2300, c. 20, 1, emerg. eff. February 28, 2002; Amended by Laws 2003, HB 1562, c. 308, 1, eff. May 27, 2003; Amended by Laws 2007, HB 1760, c. 261, 11, eff. November 1, 2007; Amended by Laws 2007, HB 1816, c. 325, 2, eff. November 1, 2007 (repealed by Laws 2008, SB 1830, c. 3, 13, emerg. eff. February 28, 2008); Amended by Laws 2008, SB 1830, c. 3, 12, emerg. eff. February 28, 2008 ; Amended by Laws 2011, SB 446, c. 186, 1, eff. November 1, 2011.

_______________

43A-10-103. Definitions

A. When used in the Protective Services for Vulnerable Adults Act:

    1. ...
    ...

    5. "Vulnerable adult" means an individual who is an incapacitated person or who, because of physical or mental disability, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care or custody of self, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect self from abuse, neglect, or exploitation without assistance from others;
    ...

    12.  "Indecent exposure" means forcing or requiring a vulnerable adult to:

      a. look upon the body or private parts of another person or upon sexual acts performed in the presence of the vulnerable adult, or

      b. touch or feel the body or private parts of another;

    ________________

57-581. Short title - Legislative findings.
A. Sections 581 et seq. of this title shall be known and may be cited as the "Sex Offenders Registration Act".

B. The Legislature finds that sex offenders who commit other predatory acts against children and persons who prey on others as a result of mental illness pose a high risk of re-offending after release from custody.  The Legislature further finds that the privacy interest of persons adjudicated guilty of these crimes is less important than the state's interest in public safety.  The Legislature additionally finds that a system of registration will permit law enforcement officials to identify and alert the public when necessary for protecting the public safety.

 Added by Laws 1989, c. 212, 1, eff. Nov. 1, 1989. Amended by Laws 1995, c. 142, 1, eff. July 1, 1995; Laws 1997, c. 260, 2, eff. Nov. 1, 1997.
 
57-582. Persons and crimes to which act applies.
A. The provisions of the Sex Offenders Registration Act, Section 581 et seq. of this title, shall apply to any person residing, working or attending school within the State of Oklahoma who, after November 1, 1989, has been convicted, whether upon a verdict or plea of guilty or upon a plea of nolo contendere, or received a suspended sentence or any probationary term, or is currently serving a sentence or any form of probation or parole for a crime or an attempt to commit a crime provided for in Section 7115 of Title 10 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 7102 of Title 10 of the Oklahoma Statutes, Section 681, if the offense involved sexual assault, 741, if the offense involved sexual abuse or sexual exploitation, Section 843.1, if the offense involved sexual abuse or sexual exploitation, 865 et seq., 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1040.13a, 1040.51, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes.

B. The provisions of the Sex Offenders Registration Act shall apply to any person who after November 1, 1989, resides, works or attends school within the State of Oklahoma and who has been convicted or received a suspended sentence at any time in any court of another state, a federal court, an Indian tribal court or a military court for a crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in any of said laws listed in subsection A of this section.

C. The provisions of the Sex Offenders Registration Act shall apply to any person who resides, works or attends school within the State of Oklahoma and who has received a deferred judgment at any time in any court of another state, a federal court, an Indian tribal court or a military court for a crime or attempted crime which, if committed or attempted in this state, would be a crime or an attempt to commit a crime provided for in Section 7115 of Title 10 of the Oklahoma Statutes if the offense involved sexual abuse or sexual exploitation as those terms are defined in Section 7102 of Title 10 of the Oklahoma Statutes, Section 681, if the offense involved sexual assault, 741, if the offense involved sexual abuse or sexual exploitation, Section 843.1, if the offense involved sexual abuse or sexual exploitation, 865 et seq., 885, 886, 888, 891,
1021, 1021.2, 1021.3, 1040.13a, 1040.51, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes. The provisions of the Sex Offenders Registration Act shall not apply to any such person while the person is incarcerated in a maximum or medium correctional institution of the Department of Corrections.

D. On the effective date of this act, any person registered as a sex offender pursuant to Section 741 of Title 21 of the Oklahoma Statutes shall be summarily removed from the Sex Offender Registry by the Department of Corrections and all law enforcement agencies of any political subdivision of this state, unless the offense involved sexual abuse or sexual exploitation.

 Added by Laws 1989, c. 212, 2, eff. Nov. 1, 1989. Amended by Laws 1993, c. 166, 4, eff. Sept. 1, 1993; Laws 1995, c. 142, 2, eff. July 1, 1995; Laws 1997, c. 260, 3, eff. Nov. 1, 1997; Laws 1998, c. 347, 1, eff. Nov. 1, 1998; Laws 1999, c. 336, 1, eff. Nov. 1, 1999; Laws 2002, c. 20, 2, emerg. eff. Feb. 28, 2002; Laws 2002, c. 460, 34, eff. Nov. 1, 2002; Laws 2005, c. 123, 1, eff. Nov. 1, 2005.
 


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