{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1040.13bv2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1040.13bv2","heading":"Nonconsensual dissemination of private sexual","body":"images.\n\nA. As used in this section:\n\n1. \"Image\" includes a photograph, film, videotape, digital\n\nrecording or other depiction or portrayal of an object, including a\n\nhuman body;\n\n2. \"Intimate parts\" means the fully unclothed, partially\n\nunclothed or transparently clothed genitals, pubic area or female\n\nadult nipple; and\n\n3. \"Sexual act\" means sexual intercourse including genital,\n\nanal or oral sex.\n\nB. A person commits nonconsensual dissemination of private\n\nsexual images when he or she:\n\n1. Intentionally disseminates an image of another person who is\n\nengaged in a sexual act or whose intimate parts are exposed, in\n\nwhole or in part;\n\n2. Obtains the image under circumstances in which a reasonable\n\nperson would know or understand that the image was to remain\n\nprivate; and\n\n3. Disseminates the image 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 of another identifiable person\n\nwho is engaged in a sexual act or whose intimate parts are exposed\n\nwhen:\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 involve voluntary exposure in public or\n\ncommercial 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 shall, upon conviction, be\n\nguilty of a Class D1 felony offense punishable by imprisonment as\n\nprovided for in subsections B through F of Section 20N of this\n\ntitle. A second or subsequent violation of this subsection shall be\n\na Class D1 felony offense punishable by imprisonment as provided for\n\nin subsections B through F of Section 20N of this title and the\n\noffender shall be required to register as a sex offender under the\n\nSex 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 should the court find it is in the\n\npower of the defendant to 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 within a six-\n\nmonth period shall, upon conviction, be guilty of a Class D1 felony\n.\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 within a six-\n\nmonth period shall, upon conviction, be guilty of a Class D1 felony\n\noffense punishable by imprisonment as provided for in subsections B\n\nthrough F of Section 20N of this title.","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":"9cce438bf0d343523833b00dc1a2f2e57c2975993cf61b108f59c64d6a0c469d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1040.13bv1","next":"us-ok/okla.-stat.-tit.-21-21-1040.14"},"notice":"GroundRules: Original legal text. Not legal advice."}