STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 920	By:	Sykes

AS INTRODUCED

An Act relating to crimes and punishment; allowing district attorneys to take action for certain transmissions; establishing place of prosecution; designating jurisdiction; defining violation and setting penalty; prohibiting certain defense; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1040.13b of Title 21, unless there is created a duplication in numbering, reads as follows:
A.  Whenever the district attorney for any district has reasonable cause to believe that an individual, with knowledge of its content, is engaged in sending a transmission or causing a transmission to be sent into this state containing obscene material or child pornography, the district attorney for the district into which the transmission is sent or caused to be sent, may institute an action in the district court for an adjudication of the obscenity or child pornographic content of the transmission.  Provided that conditions of subsection B of this section are present, then it shall be at the discretion of the district attorney whether the action instituted is a juvenile offense as defined in subsection B of this section or whether the action instituted is a felony for a violation of Section 1040.13a of Title 21 of the Oklahoma Statutes.
The individual sending the transmission specified in this section may be indicted and tried in any district wherein the transmission is sent, or in which it is received by the person to whom it was transmitted.
For purposes of any criminal prosecution pursuant to a violation of this section, the person violating the provisions of this section shall be deemed to be within the jurisdiction of this state by the fact of accessing any computer, cellular phone, or other computer-related or satellite-operated device in this state, regardless of the actual jurisdiction where the violator resides.
B.  Any individual under eighteen (18) years of age who engages in the original or relayed transmission of obscene or erotic material via electronic media in the form of digital images, videos, or other depictions of real persons under the age of eighteen (18) years, and:
1.  The original or relayed transmission is of another minor over thirteen (13) years of age and is made with the consent of the pictured individual and is transmitted to five (5) or fewer individual destinations, known or unknown, shall be guilty of a misdemeanor violation of this section punishable by:
a.	a fine of Five Hundred Dollars ($500.00) for the first offense,
b.	a fine of One Thousand Dollars ($1,000.00) for a second and subsequent offense,
c.	up to forty (40) hours of community service, and
d.	a referral to a juvenile bureau to propose a probation plan which shall be adopted through disposition;
2.  The original or relayed transmission is of another minor over thirteen (13) years of age and is made without the consent of the pictured individual, or is sent to six (6) or more individual destinations, known or unknown, shall be guilty of a misdemeanor violation of this section punishable by:
a.	a fine of Seven Hundred Dollars ($700.00) for the first offense,
b.	a fine of One Thousand Four Hundred Dollars ($1,400.00) for a second or subsequent offense,
c.	up to sixty (60) hours of community service, and
d.	a referral to a juvenile bureau to propose a probation plan which shall be adopted through disposition; and
3.  The original or relayed transmission is of another minor thirteen (13) years of age or younger, with or without the pictured individuals consent, and is transmitted to any number of destinations, known or unknown, shall be guilty of a misdemeanor violation of this section punishable by:
a.	a fine of Nine Hundred Dollars ($900.00) for the first offense,
b.	a fine of One Thousand Eight Hundred Dollars ($1,800.00) for a second or subsequent offense,
c.	up to eighty (80) hours of community service, and
d.	a referral to a juvenile bureau to propose a probation plan which may be adopted through disposition.
C.  The fact that the individual making the transmission and the individual pictured are the same does not alter the criminality provided in this section.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-1315	MD	1/20/2011 4:33:48 PM