{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-8-221","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-8-221","heading":"Transmission of obscene or sexual abuse materials","body":"A. Whenever the district attorney for any district has\n\nreasonable cause to believe that an individual, with knowledge of\n\nits content, is engaged in sending a transmission or causing a\n\ntransmission to originate within this state containing obscene\n\nmaterial or child sexual abuse material, as such terms are defined\n\nin Section 1024.1 of Title 21 of the Oklahoma Statutes, the district\n\nattorney for the district into which the transmission is sent or\n\ncaused to be sent, may institute an action in the district court for\n\nan adjudication of the obscenity or child sexual abuse content of\n\nthe transmission. Provided that if the conditions of subsection B\n\nof this section are present, then it shall be at the discretion of\n\nthe district attorney whether the action instituted is a juvenile\n\noffense as defined in subsection B of this section or whether the\n\naction instituted is a felony for a violation of Section 1040.13a of\n\nTitle 21 of the Oklahoma Statutes.\n\nThe individual sending the transmission specified in this\n\nsection may be charged and tried in any district wherein the\n\ntransmission is sent or in which it is received by the person to\n\nwhom it was transmitted.\n\nFor purposes of any criminal prosecution pursuant to a violation\n\nof this section, the person violating the provisions of this section\n\nshall be deemed to be within the jurisdiction of this state by the\n\nfact of accessing any computer, cellular phone, or other computer-\n\nrelated or satellite-operated device in this state, regardless of\n\nthe actual jurisdiction where the violator resides.\n\nB. Any individual under eighteen (18) years of age who engages\n\nin the original or relayed transmission of obscene material or child\n\nsexual abuse material via electronic media in the form of digital\n\nimages, videos, or other depictions of real persons under the age of\n\neighteen (18) years, and:\n\n1. The original or relayed transmission is of another minor\n\nover thirteen (13) years of age and is made with the consent of the\n\npictured individual and is transmitted to five or fewer individual\n\ndestinations, known or unknown, shall be guilty of a misdemeanor\n\nviolation of this section punishable by:\n\na. a fine not to exceed Five Hundred Dollars ($500.00)\n\nfor the first offense,\n\nb. a fine not to exceed One Thousand Dollars ($1,000.00)\n\nfor a second and subsequent offense,\n\nc. up to forty (40) hours of community service,\n\nd. a referral to a juvenile bureau to propose a probation\n\nplan which shall be adopted through disposition, or\n\ne. attendance and successful completion of an educational\n\nprogram or a delinquency prevention and diversion\n\nprogram as provided in Section 24-100.4 of Title 70 of\n\nthe Oklahoma Statutes. The court shall have the\n\ndiscretion to order the parent or legal guardian of\n\nthe juvenile to attend and successfully complete the\n\neducational program;\n\n2. The original or relayed transmission is of another minor\n\nover thirteen (13) years of age and is made without the consent of\n\nthe pictured individual, or is sent to six or more individual\n\ndestinations, known or unknown, shall be guilty of a misdemeanor\n\nviolation of this section punishable by:\n\na. a fine not to exceed Seven Hundred Dollars ($700.00)\n\nfor the first offense,\n\nb. a fine not to exceed One Thousand Four Hundred Dollars\n\n($1,400.00) for a second or subsequent offense,\n\nc. up to sixty (60) hours of community service,\n\nd. a referral to a juvenile bureau to propose a probation\n\nplan which shall be adopted through disposition, and\n\ne. attendance and successful completion of an educational\n\nprogram or a delinquency prevention and diversion\n\nprogram as provided in Section 24-100.4 of Title 70 of\n\nthe Oklahoma Statutes. The court shall have the\n\ndiscretion to order the parent or legal guardian of\n\nthe juvenile to attend and successfully complete the\n\neducational program; and\n\n3. The original or relayed transmission is of another minor\nndance and successful completion of an educational\n\nprogram or a delinquency prevention and diversion\n\nprogram as provided in Section 24-100.4 of Title 70 of\n\nthe Oklahoma Statutes. The court shall have the\n\ndiscretion to order the parent or legal guardian of\n\nthe juvenile to attend and successfully complete the\n\neducational program; and\n\n3. The original or relayed transmission is of another minor\n\nthirteen (13) years of age or younger, with or without the pictured\n\nindividual's consent, and is transmitted to any number of\n\ndestinations, known or unknown, shall be guilty of a misdemeanor\n\nviolation of this section punishable by:\n\na. a fine not to exceed Nine Hundred Dollars ($900.00)\n\nfor the first offense,\n\nb. a fine not to exceed One Thousand Eight Hundred\n\nDollars ($1,800.00) for a second or subsequent\n\noffense,\n\nc. up to eighty (80) hours of community service,\n\nd. a referral to a juvenile bureau to propose a probation\n\nplan which may be adopted through disposition, and\n\ne. attendance and successful completion of an educational\n\nprogram or a delinquency prevention and diversion\n\nprogram as provided in Section 24-100.4 of Title 70 of\n\nthe Oklahoma Statutes. The court shall have the\n\ndiscretion to order the parent or legal guardian of\n\nthe juvenile to attend and successfully complete the\n\neducational program.\n\nC. The fact that the individual making the transmission and the\n\nindividual pictured are the same does not alter the criminality\n\nprovided in this section.\n\nD. It is an affirmative defense to the relayed transmission of\n\nobscene material or child sexual abuse material, as these terms are\n\ndefined in Section 1024.1 of Title 21 of the Oklahoma Statutes, if a\n\njuvenile:\n\n1. Has not solicited the visual depiction; and\n\n2. Does not subsequently distribute, present, transmit, post,\n\nprint, disseminate or exchange the visual depiction except for the\n\npurpose of reporting the original transmission or relayed\n\ntransmission to appropriate school or law enforcement authorities.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fbde2442e53f51cf700457dbef3a50f21a45e9504d2a313dd8db8e78fdbfbfb5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-8-112","next":"us-ok/okla.-stat.-tit.-10a-10a-2-8-222"},"notice":"GroundRules: Original legal text. Not legal advice."}