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21 Okl.St.Ann. § 1021

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1021. Indecent exposure--Indecent exhibitions--Obscene material or child pornography--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.

CREDIT(S)

R.L.1910, § 2463; Laws 1935, p. 18, § 1; Laws 1951, p. 60, § 1; Laws 1961, p. 230, § 1; Laws 1967, c. 111, § 1, emerg. eff. April 25, 1967; Laws 1978, c. 121, § 1; Laws 1984, c. 91, § 1, eff. Nov. 1, 1984; Laws 1996, c. 37, § 1, eff. Nov. 1, 1996; Laws 1997, c. 133, § 276, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 179, eff. July 1, 1999; Laws 2000, c. 208, § 1, eff. Nov. 1, 2000; Laws 2002, c. 20, § 1, emerg. eff. Feb. 28, 2002; Laws 2003, c. 308, § 1, emerg. eff. May 27, 2003; Laws 2007, c. 261, § 11, eff. Nov. 1, 2007; Laws 2008, c. 3, § 12, emerg. eff. Feb. 28, 2008; Laws 2011, c. 186, § 1, eff. Nov. 1, 2011.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1021.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1021.1. Persons to whom act does not apply--Civil or injunctive relief

A. Sections 1021 through 1024.4 of this title shall not apply to persons who may possess or distribute obscene matter or child pornography or participate in conduct otherwise prescribed by this act, when such possession, distribution, or conduct occurs in the course of law enforcement activities.

B. The criminal provisions of this title shall not prohibit the district attorney from seeking civil or injunctive relief to enjoin the production, publication, dissemination, distribution, sale of or participation in any obscene material or child pornography, or the dissemination to minors of material harmful to minors, or the possession of child pornography.

CREDIT(S)

Laws 1967, c. 111, § 2, eff. April 25, 1967; Laws 2000, c. 208, § 2, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1021.2

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1021.2. Minors--Procuring for participation in pornography

A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. 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 subsection 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.

B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.

CREDIT(S)

Laws 1978, c. 24, § 1, eff. March 13, 1978; Laws 1984, c. 91, § 2, eff. Nov. 1, 1984; Laws 1986, c. 87, § 2, operative July 1, 1986; Laws 1996, c. 37, § 2, eff. Nov. 1, 1996; Laws 1997, c. 133, § 277, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 180, eff. July 1, 1999; Laws 2000, c. 208, § 3, eff. Nov. 1, 2000; Laws 2007, c. 261, § 12, eff. Nov. 1, 2007.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1021.3

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1021.3. Guardians--Parents--Custodians--Consent to participation of minors in child pornography

A. Any parent, guardian or individual having custody of a minor under the age of eighteen (18) years who knowingly permits or consents to the participation of a minor in any child pornography shall be guilty of a felony and, upon conviction, shall be imprisoned in the custody of the Department of Corrections for a period of not more than twenty (20) years or a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both such fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. 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 subsection 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.

B. The consent of the minor to the activity prohibited by this section shall not constitute a defense.

CREDIT(S)

Laws 1978, c. 24, § 2, eff. March 13, 1978; Laws 1986, c. 87, § 3, operative July 1, 1986; Laws 1996, c. 37, § 3, eff. Nov. 1, 1996; Laws 1997, c. 133, § 278, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 181, eff. July 1, 1999; Laws 2000, c. 208, § 4, eff. Nov. 1, 2000; Laws 2007, c. 216, § 13, eff. Nov. 1, 2007.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1021.4

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1021.4. Disclosure of obscene materials containing minors

A. Any commercial film and photographic print processor or commercial computer technician who has knowledge of or observes, within the scope of such person's professional capacity or employment, any film, photograph, video tape, negative, or slide, or any computer file, recording, CD-ROM, magnetic disk memory, magnetic tape memory, picture, graphic or image that is intentionally saved, transmitted or organized on hardware or any other media including, but not limited to, CDs, DVDs and thumbdrives, whether digital, analog or other means and whether directly viewable, compressed or encoded depicting a child under the age of eighteen (18) years engaged in an act of sexual conduct as defined in Section 1024.1 of this title shall immediately or as soon as possible report by telephone such instance of suspected child abuse or child pornography to the law enforcement agency having jurisdiction over the case and shall prepare and send a written report of the incident with an attached copy of such material, within thirty-six (36) hours after receiving the information concerning the incident.

For the purposes of this section:

1. “Commercial film and photographic print processor” means any person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, for compensation. The term shall also include any employee of such a person but shall not include a person who develops film or makes prints for a public agency; and

2. “Commercial computer technician” means any person who repairs, installs, or otherwise services any computer including, but not limited to, any component part, device, memory storage or recording mechanism, auxiliary storage, recording or memory capacity, or any other materials relating to operation and maintenance of a computer or computer network or system, for compensation. The term shall also include any employee of such person.

B. Any person who violates the provisions of this section, upon conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail not to exceed one (1) year, or both such fine and imprisonment.

C. Nothing in this section shall be construed to require or authorize any person to act outside the scope of such person's professional capacity or employment by searching for prohibited materials or media.

CREDIT(S)

Laws 1984, c. 91, § 3, eff. Nov. 1, 1984; Laws 2005, c. 19, § 1, emerg. eff. April 5, 2005.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1022

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1022. Seizure of obscene material or child pornography--Delivery to magistrate

Every person who is authorized or enjoined to arrest any person for a violation of paragraph 3 of subsection A of Section 1021 of this title is equally authorized and enjoined to seize one copy of the obscene material, or all copies of explicit child pornography, found in possession of or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.

CREDIT(S)

R.L.1910, § 2464; Laws 1996, c. 37, § 4, eff. Nov. 1, 1996; Laws 2000, c. 208, § 5, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1023

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1023. Finding by magistrate that material is obscene or child pornography--Issuance of factual and legal basis--Delivery to district attorney

The magistrate to whom any child pornography, or any obscene material, is delivered pursuant to Section 1022 of this title, shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, determine the character of such child pornography or obscene material, and if the magistrate finds it to be obscene material or child pornography, the magistrate shall cause the same to be delivered to the district attorney of the county in which the accused is liable to indictment or trial. The magistrate shall issue in writing the factual and legal basis for the determination by the magistrate of the character of the child pornography or obscene material.

CREDIT(S)

R.L.1910, § 2465; Laws 1996, c. 37, § 5, eff. Nov. 1, 1996; Laws 2000, c. 208, § 6, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1024

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1024. Destruction of child pornography or obscene material

Upon the final conviction of the accused, such district attorney shall cause any child pornography, or obscene material, in respect whereof the accused stands convicted and which remains in the possession or under the control of such district attorney to be destroyed.

CREDIT(S)

R.L.1910, § 2466; Laws 1996, c. 37, § 6, eff. Nov. 1, 1996; Laws 2000, c. 208, § 7, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1024.1

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1024.1. Definitions

A. As used in Sections 1021, 1021.1 through 1021.4, Sections 1022 through 1024, and Sections 1040.8 through 1040.24 of this title, “child pornography” means and includes any visual depiction or individual image stored or contained in any format on any medium including, but not limited to, film, motion picture, videotape, photograph, negative, undeveloped film, slide, photographic product, reproduction of a photographic product, play or performance wherein a minor under the age of eighteen (18) years is engaged in any act with a person, other than his or her spouse, of sexual intercourse which is normal or perverted, in any act of anal sodomy, in any act of sexual activity with an animal, in any act of sadomasochistic abuse including, but not limited to, flagellation or torture, or the condition of being fettered, bound or otherwise physically restrained in the context of sexual conduct, in any act of fellatio or cunnilingus, in any act of excretion in the context of sexual conduct, in any lewd exhibition of the uncovered genitals in the context of masturbation or other sexual conduct, or where the lewd exhibition of the uncovered genitals, buttocks or, if such minor is a female, the breast, has the purpose of sexual stimulation of the viewer, or wherein a person under the age of eighteen (18) years observes such acts or exhibitions. Each visual depiction or individual image shall constitute a separate item and multiple copies of the same identical material shall each be counted as a separate item.

B. As used in Sections 1021 through 1024.4 and Sections 1040.8 through 1040.24 of this title:

1. “Obscene material” means and includes any representation, performance, depiction or description of sexual conduct, whether in any form or on any medium including still photographs, undeveloped photographs, motion pictures, undeveloped film, videotape, optical, magnetic or solid-state storage, CD or DVD, or a purely photographic product or a reproduction of such product in any book, pamphlet, magazine, or other publication or electronic or photo-optical format, if said items contain the following elements:

a. depictions or descriptions of sexual conduct which are patently offensive as found by the average person applying contemporary community standards,

b. taken as a whole, have as the dominant theme an appeal to prurient interest in sex as found by the average person applying contemporary community standards, and

c. a reasonable person would find the material or performance taken as a whole lacks serious literary, artistic, educational, political, or scientific purposes or value.

The standard for obscenity applied in this section shall not apply to child pornography;

2. “Performance” means and includes any display, live or recorded, in any form or medium;

3. “Sexual conduct” means and includes any of the following:

a. acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated,

b. acts of deviate sexual conduct, including oral and anal sodomy,

c. acts of masturbation,

d. acts of sadomasochistic abuse including but not limited to:

(1) flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume which is of a revealing nature, or

(2) the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed,

e. acts of excretion in a sexual context, or

f. acts of exhibiting human genitals or pubic areas; and

4. “Explicit child pornography” means material which a law enforcement officer can immediately identify upon first viewing without hesitation as child pornography.

The types of sexual conduct described in paragraph 3 of this subsection are intended to include situations when, if appropriate to the type of conduct, the conduct is performed alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

CREDIT(S)

Laws 1981, c. 146, § 1; Laws 1984, c. 91, § 4, eff. Nov. 1, 1984; Laws 1996, c. 37, § 7, eff. Nov. 1, 1996; Laws 2000, c. 208, § 8, eff. Nov. 1, 2000; Laws 2009, c. 210, § 1, emerg. eff. May 19, 2009; Laws 2009, c. 457, § 2, eff. July 1, 2009; Laws 2012, c. 115, § 1, eff. Nov. 1, 2012.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1024.2

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1024.2. Purchase, procurement or possession of child pornography

It shall be unlawful for any person to buy, procure or possess child pornography in violation of Sections 1024.1 through 1024.4 of this title. Such person shall, upon conviction, be guilty of a felony and shall be imprisoned for a period of not more than five (5) years or a fine up to, but not exceeding, Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment.

CREDIT(S)

Laws 1981, c. 146, § 2; Laws 1997, c. 133, § 279, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 182, eff. July 1, 1999; Laws 2000, c. 208, § 9, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1024.3

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1024.3. Seizure of evidentiary copy of obscene material or all copies of explicit child pornography

Every person who is authorized or enjoined to arrest any person for a violation of this act [FN1] is equally authorized or enjoined to seize an evidentiary copy of any obscene material or child pornography or all copies of explicit child pornography found in the possession of or under the control of the person so arrested and to deliver the obscene material or child pornography to the magistrate before whom the person so arrested is required to be taken.

CREDIT(S)

Laws 1981, c. 146, § 3; Laws 2000, c. 208, § 10, eff. Nov. 1, 2000.

[FN1] Title 21, § 1024.1 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1024.4

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1024.4. Destruction of obscene material or child pornography upon conviction

Upon conviction of the accused, any magistrate or district attorney shall cause any obscene material or child pornography, in respect whereof the accused stands convicted and which remains in the possession or control of such magistrate or district attorney, to be destroyed.

CREDIT(S)

Laws 1981, c. 146, § 4; Laws 2000, c. 208, § 11, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1024.5

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1024.5. Investigation of child pornography

A. When any person has engaged in, is engaged in, or is attempting or conspiring to engage in any conduct constituting a violation of any of the provisions of Section 1024.2 of Title 21 of the Oklahoma Statutes, the Oklahoma Attorney General or any district attorney in Oklahoma may conduct an investigation of the activity. On approval of the district judge, the Attorney General or district attorney, in accordance with the provisions of Section 258 of Title 22 of the Oklahoma Statutes, is authorized before the commencement of any civil or criminal proceeding to subpoena witnesses, compel their attendance, examine them under oath, or require the production of any business papers or records by subpoena duces tecum. Evidence collected pursuant to this section shall not be admissible in any civil proceeding.

B. Any business papers and records subpoenaed by the Attorney General or district attorney shall be available for examination by the person who produced the material or by any duly authorized representative of the person. Transcripts of oral testimony shall be available for examination by the person who produced such testimony and their counsel.

Except as otherwise provided for in this section, no business papers, records, or transcripts or oral testimony, or copies of it, subpoenaed by the Attorney General or district attorney shall be available for examination by an individual other than another law enforcement official without the consent of the person who produced the business papers, records or transcript.

C. All persons served with a subpoena by the Attorney General or district attorney shall be paid the same fees and mileage as paid witnesses in the courts of this state.

D. No person shall, with intent to avoid, evade, prevent, or obstruct compliance in whole or in part by any person with any duly served subpoena of the Attorney General or district attorney pursuant to the provisions of this section, knowingly remove from any place, conceal, withhold, destroy, mutilate, alter, or by any other means falsify any business papers or records that are the subject of the subpoena duces tecum.

E. Any person violating the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

CREDIT(S)

Laws 2009, c. 210, § 2, emerg. eff. May 19, 2009.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1025

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1025. Bawdy house, etc.--Penalty

Every person who keeps any bawdy house, house of ill fame, of assignation, or of prostitution, or any other house or place for persons to visit for unlawful sexual intercourse, or for any other lewd, obscene or indecent purpose, is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense.

CREDIT(S)

R.L.1910, § 2467.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1026

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1026. Disorderly house

Every person who keeps any disorderly house, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2468.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1027

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1027. Letting building for unlawful purposes

Every person who lets any building or portion of any building knowing that it is intended to be used for any purpose declared punishable by this article, [FN1] or who otherwise permits any building or portion of a building to be so used, is guilty of a misdemeanor.

CREDIT(S)

R.L.1910, § 2469.

[FN1] R.L.1910, c. 23, art. 37; now, Title 21, §§ 1021 to 1027.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1028

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1028. Setting up or operating place of prostitution--Ownership--Renting--Procuring--Receiving person for forbidden purpose--Transportation--Receiving proceeds

It shall be unlawful in the State of Oklahoma:

(a) To keep, set up, maintain, or operate any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation;

(b) To knowingly own any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance used with the intent of committing an act of lewdness, assignation, or prostitution, or to let, lease, or rent, or contract to let, lease, or rent any such place, premises, or conveyance, or part thereof, to another with knowledge or reasonable cause to believe that the intention of the lessee or rentee is to use such place, premises, or conveyance for prostitution, lewdness, or assignation;

(c) To offer, or to offer to secure, another with the intent of having such person commit an act of prostitution, or with the intent of having such person commit any other lewd or indecent act;

(d) To receive or to offer or agree to receive any person into any house, place, building, other structure, vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation, or to permit any person to remain there with such intent;

(e) To direct, take, or transport, or to offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the intent of such directing, taking or transporting is prostitution, lewdness or assignation;

(f) To knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution;

(g) To knowingly abet the crime of prostitution by allowing a house, place, building, or parking lot to be used or occupied by a person who is soliciting, inducing, enticing, or procuring another to commit an act of lewdness, assignation, or prostitution or who is engaging in prostitution, lewdness, or assignation on the premises of the house, place, building, or parking lot.

CREDIT(S)

Laws 1943, p. 83, § 1, emerg. eff. Feb. 26, 1943; Laws 1992, c. 143, § 1, eff. Sept. 1, 1992; Laws 2002, c. 120, § 1, emerg. eff. April 19, 2002.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1029

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1029. Engaging in prostitution, etc.--Soliciting or procuring--Residing or being in place for prohibited purpose--Aiding, abetting or participating--Child prostitution

A. It shall further be unlawful:

1. To engage in prostitution, lewdness, or assignation;

2. To solicit, induce, entice, or procure another to commit an act of lewdness, assignation, or prostitution, with himself or herself;

3. To reside in, enter, or remain in any house, place, building, or other structure, or to enter or remain in any vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation; or

4. To aid, abet, or participate in the doing of any of the acts prohibited in paragraph 1, 2 or 3 of this subsection.

B. Any prohibited act described in paragraph 1, 2, 3 or 4 of subsection A of this section committed with a person under sixteen (16) years of age shall be deemed child prostitution, as defined in Section 1030 of this title, and shall be punishable as provided in Section 1031 of this title.

CREDIT(S)

Laws 1943, p. 83, § 2, emerg. eff. Feb. 26, 1943; Laws 1992, c. 143, § 2, eff. Sept. 1, 1992; Laws 1993, c. 296, § 1, eff. Sept. 1, 1993.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1030

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1030. Definitions

As used in the Oklahoma Statutes, unless otherwise provided for by law:

1. “Prostitution” means:

a. the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or

b. the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value;

2. “Child prostitution” means prostitution or lewdness as defined in this section with a person under sixteen (16) years of age, in exchange for money or any other thing of value;

3. “Anal intercourse” means contact between human beings of the genital organs of one and the anus of another;

4. “Cunnilingus” means any act of oral stimulation of the vulva or clitoris;

5. “Fellatio” means any act of oral stimulation of the penis;

6. “Lewdness” means:

a. any lascivious, lustful or licentious conduct,

b. the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious conduct with any person not his or her spouse, or

c. any act in furtherance of such conduct or any appointment or engagement for prostitution; and

7. “Masturbation” means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.

CREDIT(S)

Laws 1943, p. 84, § 3, emerg. eff. Feb. 26, 1943; Laws 1992, c. 143, § 3, eff. Sept. 1, 1992; Laws 1993, c. 296, § 2, eff. Sept. 1, 1993.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1031

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1031. Punishment for violations--Fines--Knowingly engaging in prostitution while infected with HIV--Violations within certain distance from school or church

A. Except as provided in subsection B or C of this section, any person violating any of the provisions of Section 1028, 1029 or 1030 of this title shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year or by fines as follows: a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any of such provisions, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such provisions, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such provisions, or by both such imprisonment and fine. In addition, the court may require a term of community service of not less than forty (40) nor more than eighty (80) hours. The court in which any such conviction is had shall notify the county superintendent of public health of such conviction.

B. Any person who engages in an act of prostitution with knowledge that they are infected with the human immunodeficiency virus shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years.

C. Any person who engages in an act of child prostitution, as defined in Section 1030 of this title, shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than ten (10) years and by fines as follows: a fine of not more than Five Thousand Dollars ($5,000.00) upon the first conviction, a fine of not more than Ten Thousand Dollars ($10,000.00) upon the second conviction, and a fine of not more than Fifteen Thousand Dollars ($15,000.00) upon the third or subsequent convictions.

D. Any person violating any of the provisions of Section 1028, 1029 or 1030 of this title within one thousand (1,000) feet of a school or church shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for not more than five (5) years or by fines as follows: a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any of such provisions, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such provisions, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such provisions, or by both such imprisonment and fine. In addition, the court may require a term of community service of not less than forty (40) nor more than eighty (80) hours. The court in which any such conviction is had shall notify the county superintendent of public health of such conviction.

CREDIT(S)

Laws 1943, p. 84, § 4, emerg. eff. Feb. 26, 1943; Laws 1991, c. 200, § 1, eff. Sept. 1, 1991; Laws 1993, c. 296, § 3, eff. Sept. 1, 1993; Laws 1997, c. 133, § 280, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 183, eff. July 1, 1999; Laws 2002, c. 120, § 2, emerg. eff. April 19, 2002.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1032

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§§ 1032 to 1040.7. Repealed by Laws 1968, c. 121, § 16, emerg. eff. April 4, 1968

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.7

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§§ 1032 to 1040.7. Repealed by Laws 1968, c. 121, § 16, emerg. eff. April 4, 1968

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.8

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.8. Publication, distribution or participation in preparation of obscene material or child pornography--Unsolicited mailings

A. No person shall knowingly photograph, act in, pose for, model for, print, sell, offer for sale, give away, exhibit, publish, offer to publish, or otherwise distribute, display, or exhibit any book, magazine, story, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, electronic video game or recording, image, cast, slide, figure, instrument, statue, drawing, presentation, or other article which is obscene material or child pornography, as defined in Section 1024.1 of this title. In the case of any unsolicited mailing of any of the material listed in this section, the offense is deemed complete from the time such material is deposited in any post office or delivered to any person with intent that it shall be forwarded. Also, unless preempted by federal law, no unsolicited mail which is harmful to minors pursuant to Section 1040.75 of this title shall be mailed to any person. The party mailing the materials specified in this section may be indicted and tried in any county wherein such material is deposited or delivered, or in which it is received by the person to whom it is addressed.

B. Any person who violates any provision of this section involving obscene materials, upon conviction, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

C. Any person who violates any provision of this section involving child pornography, upon conviction, shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years, or by a fine of not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment. The violator, upon conviction, shall be required to register as a sex offender under the Sex Offenders Registration Act.

CREDIT(S)

Laws 1961, p. 230, § 1, emerg. eff. July 26, 1961; Laws 1970, c. 91, § 1, emerg. eff. March 27, 1970; Laws 1983, c. 5, § 1, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, § 12, eff. Nov. 1, 2000; Laws 2002, c. 107, § 1, eff. Nov. 1, 2002; Laws 2009, c. 457, § 3, eff. July 1, 2009.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.9

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§§ 1040.9, 1040.10. Repealed by Laws 2000, c. 208, § 24, eff. Nov. 1, 2000

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.10

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§§ 1040.9, 1040.10. Repealed by Laws 2000, c. 208, § 24, eff. Nov. 1, 2000

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.11

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.11. Oklahoma Law on Obscenity and Child Pornography

Sections 1021 through 1040.77 of this title shall be known as the “Oklahoma Law on Obscenity and Child Pornography” and may be referred to by that designation.

CREDIT(S)

Laws 1968, c. 121, § 1, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 13, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.12

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.12. Repealed by Laws 2000, c. 208, § 24, eff. Nov. 1, 2000

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.12a

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.12a. Aggravated possession of child pornography--Penalties--Definitions

A. Any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term not exceeding life imprisonment and by a fine in an amount not more than Ten Thousand Dollars ($10,000.00). The violator, upon conviction, shall be required to register as a sex offender under the Sex Offenders Registration Act. [FN1]

B. For purposes of this section:

1. Multiple copies of the same identical material shall each be counted as a separate item;

2. The term “material” means the same definition provided by Section 1040.75 of Title 21 of the Oklahoma Statutes and, in addition, includes all digital and computerized images and depictions; and

3. The term “child pornography” means the same definition provided by Section 1040.80 of Title 21 of the Oklahoma Statutes and, in addition, includes sexual conduct, sexual excitement, sadomasochistic abuse, and performance of material harmful to minors where a minor is present or depicted as such terms are defined in Section 1040.75 of Title 21 of the Oklahoma Statutes.

CREDIT(S)

Laws 2008, c. 438, § 2, eff. July 1, 2008; Laws 2009, c. 457, § 4, eff. July 1, 2009.

[FN1] Title 57, § 581 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.13

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.13. Acts prohibited--Felony

Every person who, with knowledge of its contents, sends, brings, or causes to be sent or brought into this state for sale or commercial distribution, or in this state prepares, sells, exhibits, commercially distributes, gives away, offers to give away, or has in his possession with intent to sell, to commercially distribute, to exhibit, to give away, or to offer to give away any obscene material or child pornography or gives information stating when, where, how, or from whom, or by what means obscene material or child pornography can be purchased or obtained, upon conviction, is guilty of a felony and shall be punished by imprisonment for not more than ten (10) years in prison or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.

CREDIT(S)

Laws 1968, c. 121, § 3, emerg. eff. April 4, 1968; Laws 1983, c. 5, § 2, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, § 14, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.13a

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.13a. Facilitating, encouraging, offering or soliciting sexual conduct or engaging in sexual communication with a minor or person believed to be a minor

A. It is unlawful for any person to facilitate, encourage, offer or solicit sexual conduct with a minor, or other individual the person believes to be a minor, by use of any technology, or to engage in any communication for sexual or prurient interest with any minor, or other individual the person believes to be a minor, by use of any technology. For purposes of this subsection, “by use of any technology” means the use of any telephone or cell phone, computer disk (CD), digital video disk (DVD), recording or sound device, CD-ROM, VHS, computer, computer network or system, Internet or World Wide Web address including any blog site or personal web address, e-mail address, Internet Protocol address (IP), text messaging or paging device, any video, audio, photographic or camera device of any computer, computer network or system, cell phone, any other electrical, electronic, computer or mechanical device, or any other device capable of any transmission of any written or text message, audio or sound message, photographic, video, movie, digital or computer-generated image, or any other communication of any kind by use of an electronic device.

B. A person is guilty of violating the provisions of this section if the person knowingly transmits any prohibited communication by use of any technology defined herein, or knowingly prints, publishes or reproduces by use of any technology described herein any prohibited communication, or knowingly buys, sells, receives, exchanges, or disseminates any prohibited communication or any information, notice, statement, website, or advertisement for communication with a minor or access to any name, telephone number, cell phone number, e-mail address, Internet address, text message address, place of residence, physical characteristics or other descriptive or identifying information of a minor, or other individual the person believes to be a minor.

C. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense pursuant to this section shall not constitute a defense to a prosecution under this section.

D. Any violation of the provisions of this section shall be a felony, punishable by a fine in an amount not to exceed Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than ten (10) years, or by both such fine and imprisonment. For purposes of this section, each communication shall constitute a separate offense. 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 any criminal prosecution pursuant to any 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.

CREDIT(S)

Laws 1995, c. 66, § 4, eff. July 1, 1995; Laws 2001, c. 360, § 1, eff. Nov. 1, 2001; Laws 2002, c. 110, § 1, eff. July 1, 2002; Laws 2006, c. 183, § 2, emerg. eff. May 22, 2006; Laws 2007, c. 261, § 14, eff. Nov. 1, 2007.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.14

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.14. Action for adjudication of obscenity or child pornographic content of mailable matter

(a) Whenever the Attorney General of this state or the district attorney for any district has reasonable cause to believe that any person, with knowledge of its contents, is (1) engaged in sending or causing to be sent, bringing or causing to be brought, into this state for sale or commercial distribution, or is (2) in this state preparing, selling, exhibiting or commercially distributing or giving away, or offering to give away, or has in his possession with intent to sell, or commercially distribute or to exhibit or give away or offer to give away, any obscene material or child pornography, the Attorney General or the district attorney for the county into which such mailable matter is sent or caused to be sent, brought or caused to be brought, or in which it is prepared, sold, exhibited or commercially distributed or given away or offered to be given away, or possessed, may institute an action in the district court for an adjudication of the obscenity or child pornographic content of the mailable matter.

(b) The procedure to be followed shall be that set forth in this act. [FN1]

CREDIT(S)

Laws 1968, c. 121, § 4, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 15, eff. Nov. 1, 2000.

[FN1] Title 21, § 1040.11 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.15

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.15. Petition

The action described in Section 1040.14 of this title shall be commenced by filing with the court a petition:

(a) directed against the matter by name or description;

(b) alleging it is obscene material or child pornography;

(c) listing the names and addresses, if known, of its author, publisher and any other person sending or causing it to be sent, bringing or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting or commercially distributing it, or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;

(d) seeking an adjudication that it is either obscene material or child pornography, as defined in Section 1024.1 of this title;

(e) seeking a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;

(f) seeking its surrender, seizure and destruction.

CREDIT(S)

Laws 1968, c. 121, § 5, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 16, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.16

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.16. Summary examination of material--Dismissal or show cause order

(a) Upon the filing of the petition described in Section 1040.15 of this title, the court shall summarily examine the obscene material or child pornography.

(b) If the court finds no probable cause to believe it is obscene material or child pornography, the court shall dismiss the petition.

(c) If the court finds probable cause to believe it is obscene material or child pornography, the court shall immediately issue an order or rule to show cause why it should not be adjudicated to be obscene material or child pornography.

(d) The order or rule to show cause shall be:

(1) directed against it by name or description;

(2) if their names and addresses are known, served personally in the manner provided in this act for the service of process or in any manner now or hereafter provided by law, upon its author, publisher, and any other person interested in sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, and on any person in this state preparing, selling, exhibiting or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;

(3) returnable six (6) days after its service.

CREDIT(S)

Laws 1968, c. 121, § 6, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 17, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.17

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.17. Answer

(a) On or before the return date specified in the order or rule to show cause, the author, publisher, or any person interested in sending or causing to be sent, bringing or causing to be brought, into this state for sale or commercial distribution, or any person in this state preparing, selling, exhibiting or commercially distributing, or giving away or offering to give away, or possessing with intent to sell or commercially distribute or exhibit or give away or offer to give away, the matter may appear and file an answer.

(b) The court may, by order, permit any other person to appear and file an answer as amicus curiae. A person granted permission and appearing and filing an answer has all the rights of a party to the proceeding.

(c) If no person appears and files an answer on or before the return date specified in the order or rule to show cause, the court shall enter judgment either

(1) adjudicating the matter not to be obscene material or child pornography, if the court so finds; or

(2) adjudicating it to be obscene material or child pornography, if the court so finds.

(d) Every person appearing and answering shall be entitled, upon request, to a trial of the issues before the court not less than three (3) days after a joinder of issue.

CREDIT(S)

Laws 1968, c. 121, § 7, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 18, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.18

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.18. Trial--Evidence

(a) The court shall conduct the trial in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury.

(b) The court shall receive evidence at the trial, including the testimony of experts, pertaining, but not limited, to:

(1) whether, to the average person, applying contemporary community standards, the dominant theme of the mailable matter taken as a whole is to prurient interest;

(2) the artistic, literary, scientific and educational merits of the mailable matter considered as a whole;

(3) the intent of the author and publisher in preparing, writing and publishing the mailable matter;

(4) the appeal to prurient interest, or absence thereof, in advertising or other promotion of the mailable matter.

CREDIT(S)

Laws 1968, c. 121, § 8, emerg. eff. April 4, 1968.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.19

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.19. Repealed by Laws 2000, c. 208, § 24, eff. Nov. 1, 2000

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

END OF DOCUMENT

21 Okl.St.Ann. § 1040.20

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.20. Destruction--Injunction

In the event that a judgment is entered adjudicating the matter to be obscene material or child pornography, the court shall further:

(a) order the person or persons having possession of it to surrender it to the sheriff for destruction and, in the event that person refuses, order the sheriff in the county in which the action was brought to seize and destroy it;

(b) enter a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, and against any person in this state preparing, selling, exhibiting or commercially distributing it, giving it away or offering to give it away, or having it in his possession with intent to sell or commercially distribute or exhibit or give it away or offer to give it away.

CREDIT(S)

Laws 1968, c. 121, § 10, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 19, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.21

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.21. Sending or selling of materials with knowledge of judgment

Any matter which, following the entry of a judgment that it is obscene material or child pornography, is sent or caused to be sent, brought or caused to be brought, into this state for sale or commercially distributed, given away or offered to be given away, by any person with knowledge of the judgment, or is in the possession of any such person with intent to sell or commercially distribute or exhibit or give away or offer to give away, is subject to the provisions of Section 1040.13 of this title.

CREDIT(S)

Laws 1968, c. 121, § 11, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 20, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.22

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.22. Contempt

After the entry of a judgment that the matter is obscene material or child pornography, any person who, with knowledge of the judgment or of the order or rule to show cause, sends or causes to be sent, brings or causes to be brought, into this state for sale or commercial distribution, the matter, or who in this state sells, exhibits or commercially distributes it, gives away or offers to give it away, or has it in his possession with intent to sell or commercially distribute or exhibit or give away or offer to give it away, shall be guilty of contempt of court and upon conviction after notice and hearing shall be imprisoned in the county jail for not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or be so imprisoned or [FN1] fined.

CREDIT(S)

Laws 1968, c. 121, § 12, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 21, eff. Nov. 1, 2000.

[FN1] So in enrolled bill; “or” probably should read “and”.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.23

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.23. Extradition

In all cases in which a charge or violation of any section or sections of this act is brought against a person who cannot be found in this state, the executive authority of this state, being the Governor or any person performing the functions of Governor by authority of the law of this state, shall demand extradition of such person from the executive authority of the state in which such person may be found, pursuant to the law of this state.

CREDIT(S)

Laws 1968, c. 121, § 13, emerg. eff. April 4, 1968.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.24

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.24. Presumptions

The possession of two or more of any single article that is obscene material or child pornography, or the possession of a combined total of any five articles that are obscene material or child pornography (except the possession of them for the purpose of return to the person from whom received) shall create a presumption that they are intended for sale or commercial distribution, exhibition or gift, but such presumption shall be rebuttable. The burden of proof that their possession is for the purpose of return to the person from whom received shall be on the possessor.

CREDIT(S)

Laws 1968, c. 121, § 14, emerg. eff. April 4, 1968; Laws 2000, c. 208, § 22, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.25

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.25. Jurisdiction--Service of process--Fines--Execution against property

In order to protect the citizens and residents of this state against unfit articles and printed or written matter or material which originate outside this state, it is the purpose of this section to subject to the jurisdiction of the courts of this state those persons who are responsible for the importation of those things into this state.

To that end and in the exercise of its power and right to protect its citizens and residents, it is hereby provided that any person, whether or not a citizen or resident of this state, who sends or causes to be sent into this state for resale in this state any article or printed matter or material is for the purpose of this act transacting business in this state and by that act:

(a) submits himself to the jurisdiction of the courts of this state in any proceeding commenced under Section 4 of this act; [FN1]

(b) constitutes the Secretary of State his agent for service of process in any proceeding commenced under Section 4 of this act; and consents that service of process shall be made by serving a copy upon the Secretary of State or by filing a copy in the Secretary of State's office, and that this service shall be sufficient service provided that, within one (1) day after service, notice of the service and a copy of the process are sent by registered mail by the Attorney General or district attorney to him at his last-known address and proof of such mailing filed with the clerk of the court within one (1) day after mailing;

(c) consents that any fine levied against him under any section of this act may be executed against any of his real property, personal property, tangible or intangible, choses in action or property of any kind or nature, including debts owing to him, which are situated or found in this state.

Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may also be made by personally serving the summons upon him outside this state with the same force and effect as though summons had been personally served within this state. The service of summons shall be made in like manner as service within this state, by any person over twenty-one (21) years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.

CREDIT(S)

Laws 1968, c. 121, § 15, emerg. eff. April 4, 1968.

[FN1] Title 21, § 1040.14.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.26

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.26. Repealer

21 O.S.1961, §§ 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040.1, 1040.2, 1040.3, 1040.4, 1040.5, 1040.6 and 1040.7, are hereby repealed.

CREDIT(S)

Laws 1968, c. 121, § 16, emerg. eff. April 4, 1968.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.51

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.51. Repealed by Laws 2000, c. 208, § 24, eff. Nov. 1, 2000

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.52

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.52. Showing of specified actual or simulated sexual activity and nudity at certain outdoor theaters prohibited--Penalty

A. Every owner or operator of an outdoor theater in this state is guilty of a misdemeanor who shows or causes to be shown a motion picture depicting:

1. Any person, whether nude or clad, in an act or simulation of an act of sexual intercourse, unnatural copulation or other sexual activity including the showing of human genitals in a state of sexual stimulation or arousal, acts of human masturbation, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or

2. Nude or partially denuded figures including less than completely and opaquely covered human genitals, pubic regions, buttock and female breast below a point immediately above the top of the areola and including human male genitals in a discernably turgid state, even if completely and opaquely covered.

B. This section shall be applicable, however, only where the viewing portion of the screen of such theater is situated within the view of any residence or where children under eighteen (18) years of age have an understanding view of the picture.

C. Any prosecution under this section must be preceded by a written complaint from a resident affected by the terms of this act. [FN1]

D. Upon conviction of a violation of this section such person shall be imprisoned in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or be both so imprisoned and fined.

CREDIT(S)

Laws 1970, c. 243, § 1, emerg. eff. April 22, 1970; Laws 1973, c. 63, § 1, emerg. eff. April 27, 1973.

[FN1] Title 21, § 1040.52.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.53

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.53. Projectionists, ushers or cashiers excepted from statutes relating to exhibit of obscene motion pictures

The provisions of statutes of this state and the provisions of ordinances of any city prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial theater open to the general public shall not apply to a projectionist or assistant projectionist, usher or cashier, provided he has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist, usher or cashier. Provided further, that such person is not acting as manager or director of such theater. The provisions of this act [FN1] shall not exempt any projectionist or assistant projectionist, usher or cashier from criminal liability for any act unrelated to projection of motion pictures in a commercial theater open to the general public.

CREDIT(S)

Laws 1971, c. 20, § 1, emerg. eff. March 22, 1971.

[FN1] TItle 21, § 1040.53.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.54

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.54. Seizure and forfeiture of equipment used in certain offenses relating to obscene material or child pornography

A. Any peace officer of this state is authorized to seize any equipment which is used, or intended for use in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in paragraph 1 of subsection B of Section 1024.1 of this title or child pornography, as defined in subsection A of Section 1024.1 of this title. Said equipment may be held as evidence until a forfeiture has been declared or a release ordered. Forfeiture actions under this section may be brought by the district attorney in the proper county of venue as petitioner; provided, in the event the district attorney elects not to file such an action, or fails to file such action within ninety (90) days of the date of the seizure of such equipment, a forfeiture action may be brought by the entity seizing such equipment as petitioner.

B. Notice of seizure and intended forfeiture proceeding shall be given all owners and parties in interest by the party seeking forfeiture as follows:

1. Upon each owner or party in interest whose name and address is known, by mailing a copy of the notice by registered mail to the last-known address; and

2. Upon all other owners or parties in interest, whose addresses are unknown, by one publication in a newspaper of general circulation in the county where the seizure was made.

C. Within sixty (60) days after the mailing or publication of the notice, the owner of the equipment and any other party in interest may file a verified answer and claim to the equipment described in the notice of seizure and of the intended forfeiture proceeding.

D. If at the end of sixty (60) days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of the unlawful use and may order the equipment forfeited to the state, if such fact is proven.

E. If a verified answer is filed, the forfeiture proceeding shall be set for hearing.

F. At the hearing the party seeking the forfeiture shall prove by clear and convincing evidence that the equipment was used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in paragraph 1 of subsection B of Section 1024.1 of this title or child pornography, as defined in paragraph 1 of subsection A of Section 1024.1 of this title, with knowledge by the owner of the equipment.

G. The owner or party in interest may prove that the right or interest in the equipment was created without any knowledge or reason to believe that the equipment was being, or was to be, used for the purpose charged.

H. In the event of such proof, the court may order the equipment released to the bona fide or innocent owner or party in interest if the amount due the person is equal to, or in excess of, the value of the equipment as of the date of the seizure.

I. If the amount due to such person is less than the value of the equipment, or if no bona fide claim is established, the equipment shall be forfeited to the state and shall be sold pursuant to the judgment of the court.

J. Equipment taken or detained pursuant to this section shall not be repleviable, but shall be deemed to be in the custody of the office of the district attorney of the county where the equipment was seized or in the custody of the party seeking the forfeiture. The district attorney or the party seeking the equipment may release said equipment to the owner of the equipment if it is determined that the owner had no knowledge of the illegal use of the equipment or if there is insufficient evidence to sustain the burden of showing illegal use of the equipment. Equipment which has not been released by the district attorney or the party seizing the equipment shall be subject to the orders and decrees of the court or the official having jurisdiction thereof.

K. The district attorney or the party seizing such equipment shall not be held civilly liable for having custody of the seized equipment or proceeding with a forfeiture action as provided for in this section.

L. The proceeds of the sale of any equipment not taken or detained by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Public Safety, the Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws Enforcement Commission, the Department of Corrections or the Office of the Attorney General shall be distributed as follows, in the order indicated:

1. To the bona fide or innocent purchaser or conditional sales vendor of the equipment, if any, up to the amount of the person's interest in the equipment, when the court declaring the forfeiture orders a distribution to such person;

2. To the payment of the actual expenses of preserving the equipment; and

3. The balance to a revolving fund in the office of the county treasurer of the county where the equipment was seized, said fund to be used and maintained as a revolving fund for any purpose by the department that made the seizure with a yearly accounting to the board of county commissioners in whose county the fund is established. Monies from said fund may be used to pay costs for the storage of such equipment if such equipment is ordered released to a bona fide or innocent owner, purchaser, or conditional sales vendor and if such monies are available in said fund.

M. The proceeds of the sale of any equipment seized, taken or detained by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Public Safety, the Oklahoma State Bureau of Investigation, the Alcoholic Beverage Laws Enforcement Commission, the Department of Corrections or the Office of the Attorney General shall be distributed as follows, in the order indicated:

2. To the payment of the actual expenses of preserving the equipment; and

3. The balance to a revolving fund of the agency seizing said equipment to be used and maintained as a revolving fund for law enforcement purposes by the agency seizing said equipment. Monies from said fund may be used to pay costs for the storage of such equipment if such equipment is ordered released to a bona fide or innocent owner, purchaser, or conditional sales vendor.

N. When any equipment is forfeited pursuant to this section, the district court of jurisdiction may order that the equipment seized may be retained by the state, county, or municipal law enforcement agency which seized the equipment for its official use.

O. If the court finds that the equipment was not used in the preparing, photographing, printing, selling, exhibiting, publishing, distributing, displaying, advertising, filming, copying, recording, or mailing of obscene material, as defined in paragraph 1 of subsection B of Section 1024.1 of this title or child pornography as defined in paragraph 1 of subsection A of Section 1024.1 of this title, the court shall order the equipment released to the owner.

P. No equipment shall be forfeited pursuant to the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the knowledge or consent of such owner, or by any person other than such owner while such equipment was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state.

CREDIT(S)

Laws 1986, c. 191, § 1, eff. Nov. 1, 1986; Laws 2000, c. 101, § 1, eff. Nov. 1, 2000; Laws 2000, c. 208, § 23, eff. Nov. 1, 2000.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.55

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.55. Adult cabaret and sexually oriented business exterior advertising signs--Requirements

A. As used in this section:

1. “Adult cabaret” means a nightclub, bar, restaurant, or similar establishment in which persons appear in a state of nudity in the performance of their duties;

2. “Sexually oriented business” means any business which offers its patrons goods of which a substantial portion are sexually oriented materials. Any business where more than ten percent (10%) of display space is used for sexually oriented materials shall be presumed to be a sexually oriented business;

3. “Sexually oriented materials” means any textual, pictorial, or three-dimensional material that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way that is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and

4. “State of nudity” means the showing of either:

a. the human male or female genitals or pubic area with less than a fully opaque covering, or

b. the female breast with less than a fully opaque covering or any part of the nipple.

B. Except as otherwise provided in this subsection, no billboard or other exterior advertising sign for an adult cabaret or sexually oriented business shall be located within one (1) mile of any state highway. If such a business is located within one (1) mile of a state highway, the business may display a maximum of two exterior signs on the premises of the business, consisting of one identification sign and one sign solely giving notice that minors are not permitted on the premises. The identification sign shall be no more than forty (40) square feet in size and shall include no more than the following information: name, street address, telephone number, and operating hours of the business.

C. Signs existing at the time of the adoption of this section, which do not conform to the requirements of this section, may be allowed to continue as a nonconforming use, but shall be made to conform not later than November 1, 2009.

D. The Attorney General shall represent the state in all actions and proceedings arising from this section. In addition, all costs incurred by the Attorney General to defend or prosecute this section, including payment of all court costs, civil judgments, and, if necessary, any attorney fees, shall be paid from the General Revenue Fund.

E. Any owner of a business who violates the provisions of this section shall be guilty of a misdemeanor.

CREDIT(S)

Laws 2006, c. 321, § 1, eff. Nov. 1, 2006.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.56

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

§ 1040.56. Cause of action--Damages--Statute of limitations

A. Any person who, while under the age of eighteen (18), was a victim of an offense provided for in Section 681, 741, 843.5, 852.1, 867, 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1024.2, 1040.8, 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes, where such offense resulted in a conviction and any portion of such offense was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such child pornography, may bring a civil action against the producer, promoter, or intentional possessor of such child pornography, regardless of whether the victim is now an adult.

B. In any civil action brought under this section, the prevailing plaintiff shall recover the actual, special and punitive damages such person sustained and the cost of the suit, including reasonable attorney fees.

C. Notwithstanding any other provision of law, any civil action commenced pursuant to this section shall be filed within three (3) years after the later of:

1. The conclusion of the related criminal case;

2. The notification to the victim by a law enforcement agency of the creation, possession, distribution or promotion of child pornography; or

3. In the case of a victim younger than eighteen (18) years of age, within three (3) years after the person reaches the age of eighteen (18).

D. It is not a defense to a civil cause of action under this section that the respondent did not know the victim or commit the abuse depicted in the child pornography.

E. As used in this section, “child pornography” shall have the same meaning as such term is defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.

F. The provisions of this section shall not apply to any acts performed in the scope and course of employment by any:

1. Law enforcement officer;

2. Forensic examiner;

3. Prosecuting attorney; or

4. Employee of a child advocacy organization.

CREDIT(S)

Laws 2011, c. 195, § 1, eff. Nov. 1, 2011.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.75

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

Display of Materials Harmful to Minors

§ 1040.75. Definitions

As used in Sections 1040.75 through 1040.77 of this title:

1. “Minor” means any unmarried person under the age of eighteen (18) years;

2. “Harmful to minors” means:

a. that quality of any description, exhibition, presentation or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:

(1) the average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors, and

(2) the average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and

(3) the material or performance lacks serious literary, scientific, medical, artistic, or political value for minors, or

b. any description, exhibition, presentation or representation, in whatever form, of inappropriate violence;

3. “Inappropriate violence” means any description or representation, in an interactive video game or computer software, of violence which, taken as a whole, has the following characteristics:

a. the average person eighteen (18) years of age or older applying contemporary community standards would find that the interactive video game or computer software is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and

b. the interactive video game or computer software lacks serious literary, scientific, medical, artistic, or political value for minors based on, but not limited to, the following criteria:

(1) is glamorized or gratuitous,

(2) is graphic violence used to shock or stimulate,

(3) is graphic violence that is not contextually relevant to the material,

(4) is so pervasive that it serves as the thread holding the plot of the material together,

(5) trivializes the serious nature of realistic violence,

(6) does not demonstrate the consequences or effects of realistic violence,

(7) uses brutal weapons designed to inflict the maximum amount of pain and damage,

(8) endorses or glorifies torture or excessive weaponry, or

(9) depicts lead characters who resort to violence freely;

4. “Nudity” means the:

a. showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering,

b. showing of the female breast with less than a full opaque covering of any portion of the female breast below the top of the nipple, or

c. depiction of covered male genitals in a discernibly turgid state;

5. “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast;

6. “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal;

7. “Sadomasochistic abuse” means flagellation or torture by or upon a person clothed or naked or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed or naked;

8. “Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, record, recording tape, CD-ROM disk, Magnetic Disk Memory, Magnetic Tape Memory, video tape, computer software or video game;

9. “CD-ROM” means a compact disk with read only memory which has the capacity to store audio, video and written materials and may be used by computer to play or display materials harmful to minors;

10. “Magnetic Disk Memory” means a memory system that stores and retrieves binary data on record-like metal or plastic disks coated with a magnetic material, including but not limited to floppy diskettes;

11. “Magnetic Tape Memory” means a memory system that stores and retrieves binary data on magnetic recording tape;

12. “Performance” means any motion picture, film, video tape, played record, phonograph or tape, preview, trailer, play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, with or without consideration;

13. “Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

a. the character and content of any material or performance which is reasonably susceptible of examination by the defendant, and

b. the age of the minor. However, an honest mistake, shall constitute an excuse from liability pursuant to this act [FN1] if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor;

14. “Person” means any individual, partnership, association, corporation, or other legal entity of any kind; and

15. “A reasonable bona fide attempt” means an attempt to ascertain the true age of the minor by requiring production of a driver license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.

CREDIT(S)

Laws 1992, c. 7, § 1; Laws 1995, c. 66, § 1, eff. July 1, 1995; Laws 2001, c. 387, § 1, eff. July 1, 2001; Laws 2006, c. 321, § 2, eff. Nov. 1, 2006.

[FN1] Title 21, § 1040.75 et seq.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.76

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

Display of Materials Harmful to Minors

§ 1040.76. Material or performances harmful to minors--Prohibited acts

No person, including but not limited to any persons having custody, control or supervision of any commercial establishment, shall knowingly:

1. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material. Provided, however, a person shall be deemed not to have “displayed” material harmful to minors if the material is kept behind devices commonly known as “blinder racks” so that the lower two-thirds ( 2/

3 ) of the material is not exposed to view;

2. Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or

3. Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.

CREDIT(S)

Laws 1992, c. 7, § 2; Laws 1995, c. 66, § 2, eff. July 1, 1995.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.77

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

Display of Materials Harmful to Minors

§ 1040.77. Violations--Penalties

Any person convicted of violating any provision of Section 1040.76 of this title shall be guilty of a misdemeanor and shall be fined a sum not exceeding Five Hundred Dollars ($500.00) for the first or second offense. Any person convicted of a third or subsequent violation of any provision of Section 1040.76 of this title shall be guilty of a misdemeanor and shall be fined a sum not exceeding One Thousand Dollars ($1,000.00). Each day that any violation of Section 1040.76 of this title occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act or transaction prohibited by Section 1040.76 of this title shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number issue or other such identical material as prohibited by Section 1040.76 of this title shall constitute a single offense.

CREDIT(S)

Laws 1992, c. 7, § 3; Laws 1995, c. 66, § 3, eff. July 1, 1995; Laws 2001, c. 387, § 2, eff. July 1, 2001.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1040.80

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

Display of Materials Harmful to Minors

§ 1040.80. Interactive computer service providers--Removal of child pornography--Court orders--Notice and hearing--Violations--Penalties--Petition for relief

A. As used in this section, the term:

1. “Interactive computer service provider” means any provider to the public of computer access via the Internet to a computer server or similar device used for the storage of graphic, video or images;

2. “Internet” means the international computer network of both federal and nonfederal interoperable packet-switched data networks;

3. “Controlled or owned by” with respect to a server or other storage device means a server or other such device that is entirely owned by the interactive computer service provider or is subject to exclusive management by the interactive computer service provider by agreement or otherwise; and

4. “Child pornography” means explicit child pornography as defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.

B. The Attorney General or a law enforcement officer who receives information that an item of alleged child pornography resides on a server or other storage device controlled or owned by an interactive computer service provider shall:

1. Contact the interactive computer service provider that controls or owns the server or other storage device where the item of alleged child pornography is located;

2. Inform the interactive computer service provider of the provisions of this section; and

3. Request that the interactive computer service provider voluntarily comply with this section and remove the item of alleged child pornography from its server or other storage device expeditiously.

C. 1. If an interactive computer service does not voluntarily remove the item of alleged child pornography in a timely manner, the Attorney General or law enforcement officer shall apply for a court order of authorization to remove the item of alleged child pornography under this section. The obligation to remove the item of alleged child pornography shall not apply to the transmitting or routing of, or the intermediate, temporary storage or caching of an image, information or data that is otherwise subject to this section.

2. The application for a court order shall include:

a. the authority of the applicant to make such an application,

b. the identity and qualifications of the investigative or law enforcement officer or agency that, in the official scope of that officer's duties or agency's authority, discovered the images, information, or data,

c. a particular statement of the facts relied upon by the applicant, including:

(1) the identity of the interactive computer service,

(2) identification of the item of alleged child pornography discovered on the server or other storage device controlled or owned by an interactive computer service provider,

(3) the particular images, information, or data to be removed or to which access is to be disabled identified by uniform resource locator (URL) or Internet protocol (IP) address, a statement certifying that such content resides on a server or storage device controlled or owned by such interactive computer service provider, and

(4) the steps taken to obtain voluntary compliance by such interactive computer service provider with the requirements of this act prior to filing the application,

d. such additional testimony and documentary evidence in support of the application as the judge may require, and

e. a showing that there is probable cause to believe that the child pornography items constitutes a violation of this section.

D. The Attorney General shall notify the interactive computer service provider which is identified in the court's order in accordance with the provisions of this section. The Attorney General shall notify an interactive computer service provider upon the issuance of an order authorizing the removal of the items of alleged child pornography.

1. The notice by the Attorney General shall include:

a. a copy of the application made pursuant to subsection C of this section,

b. a copy of the court order issued pursuant to subsection K of this section,

c. notification that the interactive computer service shall remove the item of alleged child pornography contained in the order which resides on a server or other storage device controlled or owned by such interactive service provider and which are accessible to persons located within this state expeditiously after receipt of the notification,

d. notification of the criminal penalties for failure to remove the item of child pornography,

e. notification of the right to appeal the court's order, and

f. contact information for the Attorney General's Office.

2. An interactive computer service may designate an agent within the state to receive notification pursuant to this section.

E. The interactive computer service provider has the right to request a hearing before the court imposes any penalty under this section.

F. Nothing in this section may be construed as imposing a duty on an interactive computer service provider to actively monitor its service or affirmatively seek evidence of illegal activity on its service.

G. Notwithstanding any other provision of law to the contrary, any interactive computer service provider that intentionally violates subsection L of this section commits:

1. A misdemeanor for a first offense punishable by a fine of One Thousand Dollars ($1,000.00);

2. A misdemeanor of a high and aggravated nature for a second offense punishable by a fine of Five Thousand Dollars ($5,000.00); and

3. A felony for a third or subsequent offense punishable by a fine of Thirty Thousand Dollars ($30,000.00) and imprisonment for a maximum of five (5) years.

H. The Attorney General shall have concurrent prosecutorial jurisdiction with a district attorney for violation of this section.

I. The removal of the alleged item of child pornography which resides on a server or other storage device, shall not, to the extent possible, interfere with any request of a law enforcement agency to preserve records or other evidence, which may be kept by the interactive computer service provider in the normal course of business.

J. Upon consideration of an application for authorization to remove the item of alleged child pornography that resides on a server or other storage device controlled or owned by an interactive computer service provider as set forth in subsection C of this section, the judge may enter an ex parte order, as requested or as modified, authorizing the removal of the item of alleged child pornography, if the court determines on the basis of the facts submitted by the applicant that there is or was probable cause for belief that:

1. The item of alleged child pornography constitutes evidence of an act in violation of this section;

2. The investigative or law enforcement officer or agency acted within the official scope of that officer's duties or agency's authority, in discovering the images, information, or data and has complied with the requirements of subsection I and subsection K of this section;

3. An item of alleged child pornography resides on the server or other storage device controlled or owned by the interactive computer service provider and is accessible to persons located in the state; and

4. In the case of an application, other than a renewal or extension, for an order removing the item of alleged child pornography which was the subject of a previous order authorizing the removal or disabling of access, the application is based upon new evidence or information different from and in addition to the evidence or information offered to support the prior order.

K. Each order authorizing the removal or disabling of access to an alleged item of child pornography shall contain:

1. The name of the judge authorized to issue the order;

2. A particular description of the images, information, or data to be removed or access to such disabled, identified by a URL or IP address, and a statement of the particular violation of the section to which the images, information, or data relate;

3. The identity of the investigative or law enforcement officer or agency who discovered the images, information, or data and the identity of whoever authorized the application; and

4. Such additional information or instruction as the court deems necessary to execute the order.

L. The court shall review the application and testimony, if offered, and, upon a finding of probable cause, issue an order that:

1. An item of child pornography resides on a server or other storage device controlled by the interactive computer service provider and is accessible to persons located in the state;

2. The interactive computer service provider shall remove the item residing on a server or other storage device controlled or owned by the interactive computer service provider expeditiously after receiving the order, if practical;

3. The order shall specify that removal of any item covered by the order shall be accomplished in a fashion that prevents or minimizes the removal of, or restriction of access to, images, information, or data that are not subject to the order;

4. Failure of the interactive computer service provider to comply with the court's order is a violation of this section;

5. The removal of the item on the server or other storage device controlled or owned by the interactive computer service provider may not unreasonably interfere with a request by a law enforcement agency to preserve records for a reasonable period and in accordance with law; and

6. Provides the interactive computer service provider notice and opportunity for a hearing before the court imposes any penalty under this subsection.

M. An interactive computer service provider who is served with a court order under subsection L of this section shall remove the item of child pornography that is the subject of the order expeditiously after receiving the court order, if practicable.

N. 1. An interactive service provider may petition the court for relief for cause from an order issued under subsection L of this section.

2. The petition may be based on considerations of:

a. the cost or technical feasibility of compliance with the order, or

b. the inability of the interactive computer service provider to comply with the order without also removing data, images or information that are not subject to this section.

CREDIT(S)

Laws 2003, c. 256, § 1, emerg. eff. May 23, 2003.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1041

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§§ 1041 to 1047. Repealed by Laws 2008, c. 391, § 8, eff. Nov. 1, 2008

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1042

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§§ 1041 to 1047. Repealed by Laws 2008, c. 391, § 8, eff. Nov. 1, 2008

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1043

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§§ 1041 to 1047. Repealed by Laws 2008, c. 391, § 8, eff. Nov. 1, 2008

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1044

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§§ 1041 to 1047. Repealed by Laws 2008, c. 391, § 8, eff. Nov. 1, 2008

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1045

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§§ 1041 to 1047. Repealed by Laws 2008, c. 391, § 8, eff. Nov. 1, 2008

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1046

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§§ 1041 to 1047. Repealed by Laws 2008, c. 391, § 8, eff. Nov. 1, 2008

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1047

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§§ 1041 to 1047. Repealed by Laws 2008, c. 391, § 8, eff. Nov. 1, 2008

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

21 Okl.St.Ann. § 1048

Oklahoma Statutes Annotated Currentness

Title 21. Crimes and Punishments

Part IV. Crimes Against Public Decency and Morality

Chapter 40. Junk Dealers

§ 1048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof within view of preexisting residence or adjoining property--Farm-related vehicles excepted

No person, firm, partnership or corporation shall with malice or without valid business purpose store, accumulate, allow to accumulate, or allow to remain stored or accumulated after receipt of notice as is hereinafter provided, any wrecked or abandoned motor vehicle, or any recyclable or nonrecyclable hulk or part of a motor vehicle within view of any preexisting residence or adjoining property situated outside the territorial limits of any incorporated municipality. Any homeowner or adjoining property owner aggrieved by any violation of this section may order the removal of any motor vehicle, hulk or part stored in violation hereof upon thirty (30) days' written notice to the owner of the land where such motor vehicle, hulk or part is stored. Upon the failure of the offending party to comply with said order, the aggrieved party may obtain injunctive and mandamus relief for the removal of matter so stored or accumulated or for screening of the matter so stored or accumulated from view from the adjoining property from the district court of the county where the residence is situated and, further; shall be entitled to recover reasonable attorneys' fees, court costs and other reasonable expenses of bringing suit.

Provided, nothing within this section shall prohibit the accumulation or storage of farm-related vehicles upon any property currently used for agricultural or ranching-related purposes.

CREDIT(S)

Laws 1980, c. 273, § 18, emerg. eff. June 9, 1980; Laws 1993, c. 113, § 1, eff. Sept. 1, 1993.

Current with emergency effective provisions through Chapter 213 of the First Regular Session of the 54th Legislature (2013)

C.R.S.A. T. 18, Art. 7, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 7. Offenses Relating to Morals

Current with Chapters 1-4, 6, 9, 11, 12, 14, 16, 18, 24, 26, 28, 34, 36-39, 41-44, 46, 47, 49, 51, 53, 54, 56, 60, 63-66, 69-72, 74-76, 78, 82, 84, 85, 88, 89, 91, 92, 95, 98-100, 106, 108, 110, 112, 114, 116, 119, and 121

C.R.S.A. T. 18, Art. 7, Pt. 1, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 7. Offenses Relating to Morals

Part 1. Obscenity--Offenses

C.R.S.A. § 18-7-101

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§ 18-7-101. Definitions

As used in this part 1, unless the context otherwise requires:

(1) “Material” means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three-dimensional obscene device.

(1.5) “Minor” means a person under eighteen years of age.

(2) “Obscene” means material or a performance that:

(a) The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;

(b) Depicts or describes:

(I) Patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

(II) Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state; and

(3) “Obscene device” means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.

(4) “Patently offensive” means so offensive on its face as to affront current community standards of tolerance.

(5) “Performance” means a play, motion picture, dance, or other exhibition performed before an audience.

(6) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.

(6.5) “Prurient interest” means a shameful or morbid interest.

(7) “Simulated” means the explicit depiction or description of any of the types of conduct set forth in paragraph (b) of subsection (2) of this section, which creates the appearance of such conduct.

(8) “Wholesale promote” means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.

(9) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.

CREDIT(S)

Repealed and reenacted by Laws 1981, S.B.38, § 1. Amended by Laws 1986, H.B.1127, § 1; Laws 1994, H.B.94-1126, § 16, eff. July 1, 1994.

C.R.S.A. § 18-7-102

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§ 18-7-102. Obscenity

(1)(a) Except as otherwise provided in subsection (1.5) of this section, a person commits wholesale promotion of obscenity if, knowing its content and character, such person wholesale promotes or possesses with intent to wholesale promote any obscene material.

(b) Wholesale promotion of obscenity is a class 1 misdemeanor.

(1.5)(a) A person commits wholesale promotion of obscenity to a minor if, knowing its content and character, such person wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material.

(b) Wholesale promotion of obscenity to a minor is a class 6 felony.

(2)(a) Except as otherwise provided in subsection (2.5) of this section, a person commits promotion of obscenity if, knowing its content and character, such person:

(I) Promotes or possesses with intent to promote any obscene material; or

(II) Produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.

(b) Promotion of obscenity is a class 2 misdemeanor.

(2.5)(a) A person commits promotion of obscenity to a minor if, knowing its content and character, such person:

(I) Promotes to a minor or possesses with intent to promote to a minor any obscene material; or

(II) Produces, presents, or directs an obscene performance involving a minor or participates in a portion thereof that is obscene or that contributes to its obscenity.

(b) Promotion of obscenity to a minor is a class 6 felony.

(3) Repealed by Laws 1986, H.B.1127, § 8.

(4) A person who possesses six or more identical obscene materials is presumed to possess them with intent to promote the same.

(5) This section does not apply to a person who possesses or distributes obscene material or participates in conduct otherwise proscribed by this section when the possession, participation, or conduct occurs in the course of law enforcement activities.

(6) This section does not apply to a person's conduct otherwise proscribed by this section which occurs in that person's residence as long as that person does not engage in the wholesale promotion or promotion of obscene material in his residence.

CREDIT(S)

Repealed and reenacted by Laws 1981, S.B.38, § 1. Amended by Laws 1983, S.B.414, § 4; Laws 1986, H.B.1127, §§ 2, 8; Laws 1994, H.B.94-1126, § 17, eff. July 1, 1994.

C.R.S.A. § 18-7-103

Effective: July 1, 2012

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§ 18-7-103. Injunctions to restrain the promotion of obscene materials

(1) The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction to enjoin the wholesale promotion, promotion, or display of obscene materials as specified in this section and to issue all necessary and proper restraining orders, injunctions, and writs and processes in connection therewith not inconsistent with this article.

(2) The district attorney of the county in which a person, firm, or corporation wholesale promotes, promotes, or displays, or is about to wholesale promote, promote, or display, or has in his, her, or its possession with intent to wholesale promote, promote, or display, or is about to acquire possession with intent to wholesale promote, promote, or display any obscene material may maintain an action for injunction against such person, firm, or corporation to prevent the wholesale promotion, promotion, or display or further wholesale promotion, promotion, or display of said material described or identified in said suit for injunction.

(3) This article shall not authorize the issuance of temporary restraining orders except where exigent circumstances require the same. In matters of exigent circumstances, the restraining order shall provide that the action must be commenced on the earliest possible date. No temporary restraining order may be issued to restrain the continued exhibitions of a motion picture being shown commercially before the public, notwithstanding the existence of exigent circumstances.

(4) No temporary restraining order or temporary injunction may be issued except after notice to the person, firm, or corporation sought to be enjoined and only after all parties have been offered or afforded an opportunity to be heard. A person, firm, or corporation shall be deemed to have been offered or afforded an opportunity to be heard if notice has been given and he, she, or it fails to appear. At such hearing, evidence shall be presented and witnesses examined.

(5) Before or after the commencement of the hearing on an application for a temporary injunction, the court may, and on motion of the party sought to be restrained shall, order the trial on the action on the merits to be advanced and consolidated with the hearing on the application. Where such hearings are not so consolidated, and a temporary injunction or restraining order is issued, the court shall hold a final hearing and a trial of the issues within one day after joinder of issue, and a decision shall be rendered within two days of the conclusion of the trial. If a final hearing is not held within one day after joinder of issue or a decision not rendered within two days of the conclusion of the trial, the injunction shall be dissolved. No temporary injunction or restraining order shall issue until after a showing of probable cause to believe that the material or display is obscene and a showing of probable success on the merits. Any such temporary injunction or restraining order shall provide that the defendant may not be punished for contempt if the material is found not to be obscene after joinder of issue, final hearing, and trial.

(6) Nothing contained in this article shall prevent the court from issuing a temporary restraining order forbidding the removing, destroying, deleting, splicing, or otherwise altering of any motion picture alleged to be obscene.

(7) Any person, firm, or corporation sought to be permanently enjoined shall be entitled to a full adversary trial of the issues within one day after the joinder of issue, and a decision shall be rendered by the court within two days of the conclusion of the trial. If the defendant in any suit for a permanent injunction filed under the terms of this article shall fail to answer or otherwise join issue within the time required to file his, her, or its answer, the court, on motion of the party applying for the injunction, shall enter a general denial for the defendant and set a date for hearing on the question raised in the suit for injunction within fourteen days following the entry of the general denial entered by the court. The court shall render its decision within two days after the conclusion of the hearing.

(8) In the event that a final order or judgment of injunction is entered against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm, or corporation to surrender to the sheriff of the county in which the action was brought any of the material described in subsection (2) of this section, and such sheriff shall be directed to seize and destroy the same six months after the entry of the said final order unless criminal proceedings or an indictment is brought before that time, in which event, said material may be used as evidence in such criminal proceeding.

(9) In any action brought as herein provided, the district attorney shall not be required to file any undertaking, bond, or security before the issuance of any injunction order provided for above, shall not be liable for costs, and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined.

(10) Every person, firm, or corporation who wholesale promotes, promotes, displays, or acquires possession with intent to wholesale promote, promote, or display any of the material described in subsection (2) of this section, after the service upon him of a summons and complaint in an action brought pursuant to this article, is chargeable with knowledge of the contents.

CREDIT(S)

Repealed and reenacted by Laws 1981, S.B.38, § 1. Amended by Laws 1986, H.B.1127, § 3; Laws 1987, H.B.1355, § 24; Laws 2012, Ch. 208, § 130, eff. July 1, 2012.

C.R.S.A. § 18-7-104

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§ 18-7-104. Repealed by Laws 1986, H.B.1127, § 8

C.R.S.A. § 18-7-104.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§ 18-7-104.5. Remedies under the “Colorado Organized Crime Control Act”

When a person or persons, through an enterprise, engage in a pattern of racketeering activity for which the predicate offenses are the promotion or wholesale promotion of obscenity, pursuant to article 17 of this title, the difference in the fair market value of real property in the vicinity of the location of such enterprise from what the value would be if such enterprise or any part thereof were not located in the vicinity, as established by the opinion testimony of experts or otherwise, shall be deemed a compensable injury for which the owners of victimized real property can exercise all civil remedies set forth in article 17 of this title, in addition to any other measure of damages provable pursuant to article 17 of this title.

CREDIT(S)

Added by Laws 1986, H.B.1127, § 4.

C.R.S.A. § 18-7-105

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§ 18-7-105. Severability

If any provision of this part 1 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this part 1 are valid, unless it appears to the court that the valid provisions of this part 1 are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

CREDIT(S)

Repealed and reenacted by Laws 1981, S.B.38, § 1.

C.R.S.A. § 18-7-106

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§§ 18-7-106 to 18-7-108. Repealed by Laws 1981, S.B.38, § 1

C.R.S.A. § 18-7-107

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§§ 18-7-106 to 18-7-108. Repealed by Laws 1981, S.B.38, § 1

C.R.S.A. § 18-7-108

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 1. Obscenity--Offenses (Refs & Annos)

§§ 18-7-106 to 18-7-108. Repealed by Laws 1981, S.B.38, § 1

C.R.S.A. T. 18, Art. 7, Pt. 2, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 7. Offenses Relating to Morals

Part 2. Prostitution

C.R.S.A. § 18-7-201

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-201. Prostitution prohibited

(1) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.

(2)(a) “Fellatio”, as used in this section, means any act of oral stimulation of the penis.

(b) “Cunnilingus”, as used in this section, means any act of oral stimulation of the vulva or clitoris.

(c) “Masturbation”, as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.

(d) “Anal intercourse”, as used in this section, means contact between human beings of the genital organs of one and the anus of another.

(3) Prostitution is a class 3 misdemeanor.

CREDIT(S)

Repealed and reenacted by Laws 1977, S.B.189, § 1.

C.R.S.A. § 18-7-201.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-201.5. Acquired immune deficiency syndrome testing for persons convicted of prostitution

(1)(a) Any person who is convicted of prostitution pursuant to section 18-7-201 or a comparable municipal ordinance shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome. The court shall order that such person shall pay the cost of such diagnostic test as a part of the costs of the action.

(b) As used in this subsection (1), “diagnostic test” means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.

(2) The results of any test performed pursuant to this section shall be reported to the person tested and to the district attorney or the municipal prosecuting attorney of the jurisdiction in which the person is prosecuted. The district attorney or municipal prosecuting attorney shall keep the results of such test strictly confidential unless the results of such test indicate the presence of the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and:

(a) The person is subsequently charged with a violation of section 18-7-201.7 or 18-7-205.7; or

(b) The person is subsequently charged with a violation of section 18-7-201 or 18-7-205 or a comparable municipal ordinance and the district attorney or municipal prosecuting attorney for the charging jurisdiction seeks the test results for purposes of case evaluation, charging, and sentencing. In such case, the district attorney or municipal prosecuting attorney who obtained the original conviction pursuant to section 18-7-201 or a comparable municipal ordinance may release the test results only to the district attorney or municipal prosecuting attorney in the charging jurisdiction or the said district attorney's or municipal prosecuting attorney's designee. Any district attorney or municipal prosecuting attorney who receives test results pursuant to this paragraph (b) shall keep said test results strictly confidential, except as provided in this subsection (2).

(3)(a) The test ordered pursuant to subsection (1) of this section shall be performed by a facility that provides ongoing health care.

(b) An employee of the facility that performs the test shall provide, for purposes of pretrial preparation and in court proceedings, oral and documentary evidence limited to whether the person tested pursuant to subsection (1) of this section and subsequently charged under section 18-7-201.7 or 18-7-205.7 was provided notice prior to the date of the offense that he or she had tested positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and the date of such notice.

CREDIT(S)

Added by Laws 1990, H.B.90-1255, § 13, eff. April 24, 1990. Amended by Laws 1999, Ch. 254, § 2, eff. May 29, 1999; Laws 2000, Ch. 131, § 3, eff. April 24, 2000.

C.R.S.A. § 18-7-201.7

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-201.7. Prostitution with knowledge of being infected with acquired immune deficiency syndrome

(1) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse, as such terms are defined in section 18-7-201(2), with any person not his spouse, in exchange for money or any other thing of value, and if such person has been tested for acquired immune deficiency syndrome pursuant to section 18-7-201.5 or 18-7-205.5 or otherwise, and the results of such test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome, such person commits prostitution with knowledge of being infected with acquired immune deficiency syndrome.

(2) Prostitution with knowledge of being infected with acquired immune deficiency syndrome is a class 5 felony.

(3)(a) In sentencing any person convicted of prostitution with knowledge of being infected with acquired immune deficiency syndrome pursuant to this section, the court may order that such person submit to an assessment for the use of controlled substances or alcohol developed pursuant to section 16-11.5-102(1)(a), C.R.S. The court may further order that such person comply with the recommendations of such assessment as part of any sentence to probation, county jail, community corrections, or incarceration with the department of corrections. The assessment and compliance with the recommendations of the assessment shall be at the person's own expense, unless the person is indigent.

(b) In addition to treatment for abuse of controlled substances and alcohol, the court may require the person to participate in mental health treatment if such treatment is recommended in the person's presentence report prepared pursuant to section 16-11-102, C.R.S. The mental health treatment shall be at the person's own expense, unless the person is indigent.

CREDIT(S)

Added by Laws 1990, H.B.90-1255, § 13, eff. April 24, 1990. Amended by Laws 1999, Ch. 254, § 3, eff. May 29, 1999.

C.R.S.A. § 18-7-202

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-202. Soliciting for prostitution

(1) A person commits soliciting for prostitution if he:

(a) Solicits another for the purpose of prostitution; or

(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or

(2) Soliciting for prostitution is a class 3 misdemeanor. A person who is convicted of soliciting for prostitution may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-501, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

CREDIT(S)

Amended by Laws 2011, Ch. 257, § 3, eff. Aug. 10, 2011.

C.R.S.A. § 18-7-203

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-203. Pandering

(1) Any person who does any of the following for money or other thing of value commits pandering:

(a) Inducing a person by menacing or criminal intimidation to commit prostitution; or

(b) Knowingly arranging or offering to arrange a situation in which a person may practice prostitution.

(2)(a) Pandering under paragraph (a) of subsection (1) of this section is a class 5 felony. A person who is convicted of pandering under paragraph (a) of subsection (1) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

(b) Pandering under paragraph (b) of subsection (1) of this section is a class 3 misdemeanor. A person who is convicted of pandering under paragraph (b) of subsection (1) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-501, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

CREDIT(S)

Amended by Laws 2011, Ch. 257, § 4, eff. Aug. 10, 2011.

C.R.S.A. § 18-7-204

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-204. Keeping a place of prostitution

(1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of prostitution if he:

(a) Knowingly grants or permits the use of such place for the purpose of prostitution; or

(b) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

(2) Keeping a place of prostitution is a class 2 misdemeanor.

C.R.S.A. § 18-7-205

Effective: August 10, 2011

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-205. Patronizing a prostitute

(1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute:

(a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or

(b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.

(2) Patronizing a prostitute is a class 1 misdemeanor. A person who is convicted of patronizing a prostitute may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401 or 18-1.3-503, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

CREDIT(S)

Amended by Laws 2005, Ch. 295, § 1, eff. July 1, 2005; Laws 2011, Ch. 257, § 5, eff. Aug. 10, 2011.

C.R.S.A. § 18-7-205.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-205.5. Acquired immune deficiency syndrome testing for persons convicted of patronizing a prostitute

(1)(a) Any person who is convicted of patronizing a prostitute pursuant to section 18-7-205 or a comparable municipal ordinance shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome. The court shall order that such person shall pay the cost of such diagnostic test as a part of the costs of the action.

(2) The results of any test performed pursuant to this section shall be reported to the person tested and to the district attorney or the municipal prosecuting attorney of the jurisdiction in which the person is prosecuted. The district attorney or the municipal prosecuting attorney shall keep the results of such test strictly confidential unless the results of such test indicate the presence of the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and:

(a) The person is subsequently charged with a violation of section 18-7-201.7 or 18-7-205.7; or

(b) The person is subsequently charged with a violation of section 18-7-201 or 18-7-205 or a comparable municipal ordinance and the district attorney or the municipal prosecuting attorney for the charging jurisdiction seeks the test results for purposes of case evaluation, charging, and sentencing. In such case, the district attorney or municipal prosecuting attorney who obtained the original conviction pursuant to section 18-7-205 or a comparable municipal ordinance may release the test results only to the district attorney or municipal prosecuting attorney in the charging jurisdiction or the said district attorney's or municipal prosecuting attorney's designee. Any district attorney or municipal prosecuting attorney who receives test results pursuant to this paragraph (b) shall keep said test results strictly confidential, except as provided in this subsection (2).

(3)(a) The test ordered pursuant to subsection (1) of this section shall be performed by a facility that provides ongoing health care.

CREDIT(S)

Added by Laws 1990, H.B.90-1255, § 13, eff. April 24, 1990. Amended by Laws 1999, Ch. 254, § 4, eff. May 29, 1999; Laws 2000, Ch. 131, § 4, eff. April 24, 2000.

C.R.S.A. § 18-7-205.7

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-205.7. Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome

(1) Any person who performs any of the acts described in section 18-7-205(1), with any person not his spouse, and if such person has been tested for acquired immune deficiency syndrome pursuant to section 18-7-201.5 or 18-7-205.5 or otherwise, and the results of such test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome, such person commits patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome.

(2) Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome is a class 6 felony.

CREDIT(S)

Added by Laws 1990, H.B.90-1255, § 13, eff. April 24, 1990.

C.R.S.A. § 18-7-206

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-206. Pimping

Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, which is a class 3 felony.

CREDIT(S)

Amended by Laws 1983, H.B.1017, § 1.

C.R.S.A. § 18-7-207

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-207. Prostitute making display

Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a class 1 petty offense.

C.R.S.A. § 18-7-208

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 2. Prostitution (Refs & Annos)

§ 18-7-208. Promoting sexual immorality

(1) Any person who, for pecuniary gain, furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of sexual intercourse between persons who are not husband and wife, or for or in aid of deviate sexual intercourse, or who advertises in any manner that he furnishes or is willing to furnish or make available any such facility for such purposes, commits promoting sexual immorality.

(2) “Facility”, as used in this section, means any place or thing which provides seclusion, privacy, opportunity, protection, comfort, or assistance to or for a person or persons engaging or intending to engage in sexual intercourse or deviate sexual intercourse.

(3) Promoting sexual immorality is a class 2 misdemeanor.

C.R.S.A. T. 18, Art. 7, Pt. 3, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 7. Offenses Relating to Morals

Part 3. Public Indecency

C.R.S.A. § 18-7-301

Effective: August 11, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 3. Public Indecency (Refs & Annos)

§ 18-7-301. Public indecency

(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:

(a) An act of sexual intercourse; or

(b) Deleted by Laws 2010, Ch. 359, § 1, eff. Aug. 11, 2010.

(c) A lewd exposure of an intimate part as defined by section 18-3-401(2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or

(d) A lewd fondling or caress of the body of another person; or

(e) A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

(2)(a) Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty offense.

(b) Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this section or for a violation of a comparable offense in any other state or in the United States, or for a violation of a comparable municipal ordinance.

(3) Deleted by Laws 2010, Ch. 359, § 1, eff. Aug. 11, 2010.

CREDIT(S)

Amended by Laws 2008, Ch. 366, §§ 1, 2, eff. July 1, 2008; Laws 2010, Ch. 359, § 1, eff. Aug. 11, 2010.

C.R.S.A. § 18-7-302

Effective: August 11, 2010

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 3. Public Indecency (Refs & Annos)

§ 18-7-302. Indecent exposure

(1) A person commits indecent exposure:

(a) If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person;

(b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.

(2)(a) Deleted by Laws 2003, Ch. 199, § 31, eff. July 1, 2003.

(b) Indecent exposure is a class 1 misdemeanor.

(3) Deleted by Laws 2002, Ch. 322, § 21, eff. July 1, 2002.

(4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

(5) For purposes of this section, “masturbation” means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.

CREDIT(S)

Amended by Laws 1977, H.B.1654, § 36; Laws 1994, H.B.94-1126, § 18, eff. July 1, 1994; Laws 1995, H.B.95-1070, § 15, eff. June 3, 1995; Laws 2002, Ch. 322, § 21, eff. July 1, 2002; Laws 2003, Ch. 199, § 31, eff. July 1, 2003; Laws 2010, Ch. 359, § 2, eff. Aug. 11, 2010.

C.R.S.A. T. 18, Art. 7, Pt. 4, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 7. Offenses Relating to Morals

Part 4. Child Prostitution

C.R.S.A. § 18-7-401

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-401. Definitions

As used in this part 4, unless the context otherwise requires:

(1) “Anal intercourse” means contact between human beings of the genital organs of one and the anus of another.

(2) “Child” means a person under the age of eighteen years.

(3) “Cunnilingus” means any act of oral stimulation of the vulva or clitoris.

(4) “Fellatio” means any act of oral stimulation of the penis.

(5) “Masturbation” means stimulation of the genital organs by manual or other bodily contact, or by any object, exclusive of sexual intercourse.

(6) “Prostitution by a child” means either a child performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child's spouse in exchange for money or other thing of value or any person performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any child not the person's spouse in exchange for money or other thing of value.

(7) “Prostitution of a child” means either inducing a child to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child's spouse by coercion or by any threat or intimidation or inducing a child, by coercion or by any threat or intimidation or in exchange for money or other thing of value, to allow any person not the child's spouse to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with or upon such child. Such coercion, threat, or intimidation need not constitute an independent criminal offense and shall be determined solely through its intended or its actual effect upon the child.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1. Amended by Laws 1985, S.B.159, § 8.

C.R.S.A. § 18-7-402

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-402. Soliciting for child prostitution

(1) A person commits soliciting for child prostitution if he:

(a) Solicits another for the purpose of prostitution of a child or by a child;

(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution of a child or by a child; or

(2) Soliciting for child prostitution is a class 3 felony.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1.

C.R.S.A. § 18-7-403

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-403. Pandering of a child

(1) Any person who does any of the following for money or other thing of value commits pandering of a child:

(a) Inducing a child by menacing or criminal intimidation to commit prostitution; or

(b) Knowingly arranging or offering to arrange a situation in which a child may practice prostitution.

(2) Pandering under paragraph (a) of subsection (1) of this section is a class 2 felony. Pandering under paragraph (b) of subsection (1) of this section is a class 3 felony.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1.

C.R.S.A. § 18-7-403.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-403.5. Procurement of a child

Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available, to another person a child for the purpose of prostitution of the child commits procurement of a child, which is a class 3 felony.

CREDIT(S)

Added by Laws 1983, S.B.26, § 10.

C.R.S.A. § 18-7-404

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-404. Keeping a place of child prostitution

(a) Knowingly grants or permits the use of such place for the purpose of prostitution of a child or by a child; or

(b) Permits the continued use of such place for the purpose of prostitution of a child or by a child after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of such prostitution.

(2) Keeping a place of child prostitution is a class 3 felony.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1.

C.R.S.A. § 18-7-405

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-405. Pimping of a child

Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by a child through prostitution commits pimping of a child, which is a class 3 felony.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1.

C.R.S.A. § 18-7-405.5

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-405.5. Inducement of child prostitution

(1) Any person who by word or action, other than conduct specified in section 18-7-403(1)(a), induces a child to engage in an act which is prostitution by a child, as defined in section 18-7-401(6), commits inducement of child prostitution.

(2) Inducement of child prostitution is a class 3 felony.

CREDIT(S)

Added by Laws 1981, H.B.1145, § 1.

C.R.S.A. § 18-7-406

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-406. Patronizing a prostituted child

(1) Any person who performs any of the following with a child not his spouse commits patronizing a prostituted child:

(a) Engages in an act which is prostitution of a child or by a child, as defined in section 18-7-401(6) or (7); or

(b) Enters or remains in a place of prostitution with intent to engage in an act which is prostitution of a child or by a child, as defined in section 18-7-401(6) or (7).

(2) Patronizing a prostituted child is a class 3 felony.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1.

C.R.S.A. § 18-7-407

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-407. Criminality of conduct

In any criminal prosecution under sections 18-7-402 to 18-7-407, it shall be no defense that the defendant did not know the child's age or that he reasonably believed the child to be eighteen years of age or older.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1.

C.R.S.A. § 18-7-408

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-408. Severability

If any provision of this part 4 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this part 4 which may be given effect without the invalid provision or application, and, to this end, the provisions of this part 4 are declared to be severable.

CREDIT(S)

Recreated and reenacted by Laws 1979, H.B.1574, § 1.

C.R.S.A. § 18-7-409

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 4. Child Prostitution (Refs & Annos)

§ 18-7-409. Reports of convictions to department of education

When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this part 4 and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

CREDIT(S)

Added by Laws 1990, H.B.90-1133, § 11, eff. July 1, 1990. Amended by Laws 2000, Ch. 369, § 36, eff. Aug. 2, 2000.

C.R.S.A. T. 18, Art. 7, Pt. 5, Refs & Annos

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code

Article 7. Offenses Relating to Morals

Part 5. Sexually Explicit Materials Harmful to Children

C.R.S.A. § 18-7-501

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 5. Sexually Explicit Materials Harmful to Children (Refs & Annos)

§ 18-7-501. Definitions

As used in this part 5, unless the context otherwise requires:

(1) “Child” means a person under the age of eighteen years.

(2) “Harmful to children” means that quality of any description or representation, in whatever form, of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

(a) Taken as a whole, predominantly appeals to the prurient interest in sex of children;

(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and

(3) “Knowingly” means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both, of:

(a) The character and content of any material described herein which is reasonably susceptible of examination; and

(b) The age of the child; however, an honest mistake shall constitute an excuse from liability hereunder if a reasonable bona fide attempt is made to ascertain the true age of such child.

(4) “Sadomasochistic abuse” means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

(5) “Sexual conduct” means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, sodomy, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breast.

(6) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(7) “Sexually explicit nudity” means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola, or the depiction of covered or uncovered male genitals in a discernibly turgid state.

CREDIT(S)

Added by Laws 1981, H.B.1310, § 1.

C.R.S.A. § 18-7-502

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 5. Sexually Explicit Materials Harmful to Children (Refs & Annos)

§ 18-7-502. Unlawful acts

(1) It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a child:

(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children; or

(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (1), or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children.

(2) It shall be unlawful for any person knowingly to sell to a child an admission ticket or pass, or knowingly to admit a child to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to children or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by children not admitted to any such premises.

(3) It shall be unlawful for any child falsely to represent to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure his admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section.

(4) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is the parent or guardian of any juvenile, or that any child is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure any child's admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section.

(5) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment frequented by children or where children are or may be invited as part of the general public:

(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (5), or explicit verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children.

(6) A violation of any provision of this section is a class 2 misdemeanor.

CREDIT(S)

Added by Laws 1981, H.B.1310, § 1.

C.R.S.A. § 18-7-503

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 5. Sexually Explicit Materials Harmful to Children (Refs & Annos)

§ 18-7-503. Applicability

(1) Nothing contained in this part 5 shall be construed to apply to:

(a) The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher education;

(b) The exhibition or performance of any play, drama, tableau, or motion picture by any theatre, museum, school, or institution of higher education, either supported by public appropriation or which is an accredited institution supported by private funds.

CREDIT(S)

Added by Laws 1981, H.B.1310, § 1.

C.R.S.A. § 18-7-504

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 5. Sexually Explicit Materials Harmful to Children (Refs & Annos)

§ 18-7-504. Severability

If any provision of this part 5 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this part 5 which may be given effect without the invalid provision or application, and, to this end, the provisions of this part 5 are declared to be severable.

CREDIT(S)

Added by Laws 1981, H.B.1310, § 1.

C.R.S.A. § 18-7-601

Effective:[See Text Amendments]

West's Colorado Revised Statutes Annotated Currentness

Title 18. Criminal Code (Refs & Annos)

Article 7. Offenses Relating to Morals (Refs & Annos)

Part 6. Visual Representations Containing Actual Violence

§ 18-7-601. Dispensing violent films to minors--misdemeanors

(1) No person shall sell, rent, or otherwise furnish to a minor any video tape, video disc, film representation, or other form of motion picture if:

(a) The average person, applying contemporary community standards, would find that the work, taken as a whole, predominantly appeals to the interest in violence; and

(b) The work depicts or describes, in a patently offensive way, repeated acts of actual, not simulated, violence resulting in serious bodily injury or death; and

(2) For the purposes of this section, “minor” means any person under eighteen years of age, and “serious bodily injury” shall be defined as provided in section 18-1-901(3)(p).

(3) Any person who violates subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one thousand dollars; except that, for a second or subsequent offense, the fine shall be five thousand dollars.

CREDIT(S)

Added by Laws 1988, S.B.165, § 1.

Updated:	6/4/2013 10:04 AM
Tags:	National Commission

Updated:	6/4/2013 10:04 AM
Tags:	National Commission

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

Chapter 18. Prostitution and Related Offenses

Chapter 39. Oklahoma Law on Obscenity and Child Pornography

Chapter 11. Offenses Against Public Order and Safety

Chapter 69. Idaho Anti-Camcorder Piracy Act

Chapter 68. Exploitation of Elders

Chapter 35. Prostitution and Public Indecency

Chapter 1. Criminal Code

Chapter 12. Offenses Against Public Health and Morals. (Refs & Annos)

Chapter 15. Children and Vulnerable Adults (Refs & Annos)

Chapter 35. Vagrancy. [Repealed]

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos) 22-46-1. Definition of terms

Title 18. Criminal Code

Title 3. Other Crimes Against the Person

Tag Index

Chapter 944. Crimes Against Sexual Morality

Chapter 18. Obscenity and Lewdness

163.670. Using child in display of sexually explicit conduct

Chapter 1. Criminal Code

Chapter 59. Lewdness and Prostitution

§ 2509. Tampering with passenger tramway

Chapter 59. Public Indecency

Chapter 8. Crimes Involving Morals and Decency

Chapter 8. Crimes Involving Morals and Decency

948.10. Exposing genitals or pubic area

Article 3. Obscenity and Related Offenses