{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1040.13bv1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1040.13bv1","heading":"Nonconsensual dissemination of private sexual","body":"images.\n\nA. As used in this section:\n\n1. \"Artificial intelligence\" means a machine-based system that\n\ncan, for a given set of human-defined objectives, make predictions,\n\nrecommendations, or decisions influencing real or virtual\n\nenvironments, including the ability to:\n\na. perceive real and virtual environments,\n\nb. abstract perceptions made under this paragraph into\n\nmodels through analysis in an automated manner, and\n\nc. use model inference to formulate options for\n\ninformation or action based on outcomes under\n\nsubparagraphs a and b of this paragraph.\n\nThe term includes generative artificial intelligence;\n\n2. \"Artificially generated sexual depiction\" means a visual\n\ndepiction:\n\na. that appears to authentically depict an individual in\n\na state of nudity or engaged in sexual conduct that\n\ndid not occur in reality, and\n\nb. the production of which was substantially dependent\n\nupon technical means, including artificial\n\nintelligence or photo editing software, rather than\n\nthe ability of another person to physically\n\nimpersonate the other person;\n\n3. \"Generative artificial intelligence\" means the class of\n\nmodels that emulate the structure and characteristics of input data\n\nin order to generate derived synthetic content, including\n\ninformation such as images, videos, audio clips, or text, that has\n\nbeen significantly modified or generated by algorithms, including by\n\nartificial intelligence;\n\n4. \"Image\" includes a photograph, film, videotape, digital\n\nrecording or other depiction or portrayal of an object, including a\n\nhuman body;\n\n5. \"Intimate parts\" means the fully unclothed, partially\n\nunclothed or transparently clothed genitals, pubic area or female\n\nadult nipple;\n\n6. \"Sexual act\" means sexual intercourse including genital,\n\nanal or oral sex; and\n\n7. \"Visual depiction\" means any depiction, photograph, film,\n\nperformance, or image displayed, stored, shared, or transmitted in\n\nany format and on any medium including data that is capable of being\n\nconverted into a depiction, picture, movie, performance, or image.\n\nB. 1. A person commits nonconsensual dissemination of private\n\nsexual images when he or she:\n\na. intentionally disseminates an image of another person\n\nwho is engaged in a sexual act or whose intimate parts\n\nare exposed, in whole or in part,\n\nb. obtains the image under circumstances in which a\n\nreasonable person would know or understand that the\n\nimage was to remain private, and\n\nc. disseminates the image without the effective consent\n\nof the depicted person.\n\n2. A person commits nonconsensual dissemination of private\n\nsexual images when he or she:\n\na. disseminates an artificially generated sexual\n\ndepiction of another person with the intent or with\n\nreckless disregard to harass, annoy, threaten, alarm,\n\nor cause physical, emotional, reputational, or\n\neconomic harm to the depicted person, and\n\nb. disseminates the artificially generated sexual\n\ndepiction without the effective consent of the\n\ndepicted person.\n\nC. The provisions of this section shall not apply to the\n\nintentional dissemination of an image or artificially generated\n\nsexual depiction of another identifiable person who is engaged in a\n\nsexual act or whose intimate parts are exposed when:\n\n1. The dissemination is made for the purpose of a criminal\n\ninvestigation that is otherwise lawful;\n\n2. The dissemination is for the purpose of, or in connection\n\nwith, the reporting of unlawful conduct;\n\n3. The images or artificially generated sexual depictions\n\ninvolve voluntary exposure in public or commercial settings; or\n\n4. The dissemination serves a lawful purpose.\n\nD. Nothing in this section shall be construed to impose\n\nliability upon the following entities solely as a result of content\n\nor information provided by another person:\n\n1. An interactive computer service, as defined in 47 U.S.C.,\n\nSection 230(f)(2);\nficially generated sexual depictions\n\ninvolve voluntary exposure in public or commercial settings; or\n\n4. The dissemination serves a lawful purpose.\n\nD. Nothing in this section shall be construed to impose\n\nliability upon the following entities solely as a result of content\n\nor information provided by another person:\n\n1. An interactive computer service, as defined in 47 U.S.C.,\n\nSection 230(f)(2);\n\n2. A wireless service provider, as defined in Section 332(d) of\n\nthe Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,\n\nFederal Communications Commission rules, and the Omnibus Budget\n\nReconciliation Act of 1993, Pub. L. No. 103-66; or\n\n3. A telecommunications network or broadband provider.\n\nE. A person convicted under this section is subject to the\n\nforfeiture provisions in Section 1040.54 of this title.\n\nF. Any person who violates the provisions of subsection B of\n\nthis section shall, upon conviction, be guilty of a misdemeanor\n\npunishable by imprisonment in a county jail for not more than one\n\n(1) year or by a fine of not more than One Thousand Dollars\n\n($1,000.00), or both such fine and imprisonment.\n\nG. Any person who violates or attempts to violate the\n\nprovisions of subsection B of this section and who gains or attempts\n\nto gain any property or who gains or attempts to gain anything of\n\nvalue as a result of the nonconsensual dissemination or threatened\n\ndissemination of private sexual images or artificially generated\n\nsexual depictions shall, upon conviction, be guilty of a felony\n\npunishable by imprisonment in the custody of the Department of\n\nCorrections for not more than five (5) years. A second or\n\nsubsequent violation of this subsection shall be a felony punishable\n\nby imprisonment in the custody of the Department of Corrections for\n\nnot more than ten (10) years and the offender shall be required to\n\nregister as a sex offender under the Sex Offenders Registration Act.\n\nH. The state shall not have the discretion to file a\n\nmisdemeanor charge, pursuant to Section 234 of Title 22 of the\n\nOklahoma Statutes, for a violation pursuant to subsection G of this\n\nsection.\n\nI. The court shall have the authority to order the defendant to\n\nremove the disseminated image or artificially generated sexual\n\ndepictions should the court find it is in the power of the defendant\n\nto do so.\n\nJ. Nothing in this section shall prohibit the prosecution of a\n\nperson pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,\n\n1024.2, or 1040.12a of this title or any other applicable statute.\n\nK. Any person who violates the provisions of subsection B of\n\nthis section by disseminating three or more images or artificially\n\ngenerated sexual depictions within a six-month period shall, upon\n\nconviction, be guilty of a felony punishable by imprisonment in the\n\ncustody of the Department of Corrections for not more than ten (10)\n\nyears.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"446530ed13366ca59a5b2316eacc96402d17ea22f9d4721d0b6bef11d7ad14dc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1040.13b","next":"us-ok/okla.-stat.-tit.-21-21-1040.13bv2"},"notice":"GroundRules: Original legal text. Not legal advice."}