{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-1040.75","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-1040.75","heading":"Definitions","body":"As used in Sections 1040.75 through 1040.77 of this title:\n\n1. \"Minor\" means any person under the age of eighteen (18)\n\nyears;\n\n2. \"Harmful to minors\" means:\n\na. that quality of any description, exhibition,\n\npresentation or representation, in whatever form, of\n\nnudity, sexual conduct, sexual excitement, or\n\nsadomasochistic abuse when the material or\n\nperformance, taken as a whole, has the following\n\ncharacteristics:\n\n(1) the average person eighteen (18) years of age or\n\nolder applying contemporary community standards\n\nwould find that the material or performance has a\n\npredominant tendency to appeal to a prurient\n\ninterest in sex to minors, and\n\n(2) the average person eighteen (18) years of age or\n\nolder applying contemporary community standards\n\nwould find that the material or performance\n\ndepicts or describes nudity, sexual conduct,\n\nsexual excitement or sadomasochistic abuse in a\n\nmanner that is patently offensive to prevailing\n\nstandards in the adult community with respect to\n\nwhat is suitable for minors, and\n\n(3) the material or performance lacks serious\n\nliterary, scientific, medical, artistic, or\n\npolitical value for minors, or\n\nb. any description, exhibition, presentation or\n\nrepresentation, in whatever form, of inappropriate\n\nviolence;\n\n3. \"Inappropriate violence\" means any description or\n\nrepresentation, in an interactive video game or computer software,\n\nof violence which, taken as a whole, has the following\n\ncharacteristics:\n\na. the average person eighteen (18) years of age or older\n\napplying contemporary community standards would find\n\nthat the interactive video game or computer software\n\nis patently offensive to prevailing standards in the\n\nadult community with respect to what is suitable for\n\nminors, and\n\nb. the interactive video game or computer software lacks\n\nserious literary, scientific, medical, artistic, or\n\npolitical value for minors based on, but not limited\n\nto, the following criteria:\n\n(1) is glamorized or gratuitous,\n\n(2) is graphic violence used to shock or stimulate,\n\n(3) is graphic violence that is not contextually\n\nrelevant to the material,\n\n(4) is so pervasive that it serves as the thread\n\nholding the plot of the material together,\n\n(5) trivializes the serious nature of realistic\n\nviolence,\n\n(6) does not demonstrate the consequences or effects\n\nof realistic violence,\n\n(7) uses brutal weapons designed to inflict the\n\nmaximum amount of pain and damage,\n\n(8) endorses or glorifies torture or excessive\n\nweaponry, or\n\n(9) depicts lead characters who resort to violence\n\nfreely;\n\n4. \"Nudity\" means the:\n\na. showing of the human male or female genitals, pubic\n\narea, or buttocks with less than a full opaque\n\ncovering,\n\nb. showing of the female breast with less than a full\n\nopaque covering of any portion of the female breast\n\nbelow the top of the nipple, or\n\nc. depiction of covered male genitals in a discernibly\n\nturgid state;\n\n5. \"Sexual conduct\" means sexual intercourse, physical contact\n\nwith a person's clothed or unclothed genitals, pubic area, buttocks,\n\nor, if such person be a female, breast, or fellatio, cunnilingus,\n\nanal intercourse, or any other intrusion, however slight, of any\n\npart of a person's body or of any object into the genital or anal\n\nopenings of another person's body, or depictions or descriptions of\n\nsexual bestiality, sadomasochism, masturbation, or excretory\n\nfunctions;\n\n6. \"Sexual excitement\" means the condition of human male or\n\nfemale genitals when in a state of sexual stimulation or arousal;\n\n7. \"Sadomasochistic abuse\" means flagellation or torture by or\n\nupon a person clothed or naked or the condition of being fettered,\n\nbound or otherwise physically restrained on the part of one so\n\nclothed or naked;\n\n8. \"Material\" means anything tangible that is capable of being\n\nused or adapted to arouse prurient interest, whether through the\n\nmedium of reading, observation, sound, or in any other manner\ndomasochistic abuse\" means flagellation or torture by or\n\nupon a person clothed or naked or the condition of being fettered,\n\nbound or otherwise physically restrained on the part of one so\n\nclothed or naked;\n\n8. \"Material\" means anything tangible that is capable of being\n\nused or adapted to arouse prurient interest, whether through the\n\nmedium of reading, observation, sound, or in any other manner\n\nincluding, but not limited to, anything printed or written, any\n\nbook, magazine, newspaper, pamphlet, picture, drawing, pictorial\n\nrepresentation, motion picture, photograph, video tape, video disk,\n\nfilm, transparency, slide, audiotape, audio disk, computer tape,\n\nvideo game, or any other medium used to electronically produce or\n\nreproduce images on a screen, or any mechanical, chemical, or\n\nelectronic reproduction. Material includes undeveloped photographs,\n\nmolds, printing plates, and other latent representational objects\n\nwhether or not processing or other acts are required to make the\n\ncontent of the material apparent;\n\n9. \"Performance\" means any motion picture, film, video tape,\n\nplayed record, phonograph or tape, preview, trailer, play, show,\n\nskit, dance, or other exhibition performed or presented to or before\n\nan audience of one or more, with or without consideration;\n\n10. \"Knowingly\" means having general knowledge of, or reason to\n\nknow, or a belief or ground for belief which warrants further\n\ninspection or inquiry of both:\n\na. the character and content of any material or\n\nperformance which is reasonably susceptible of\n\nexamination by the defendant, and\n\nb. the age of the minor. However, an honest mistake,\n\nshall constitute an excuse from liability pursuant to\n\nthis act if the defendant made a reasonable bona fide\n\nattempt to ascertain the true age of such minor;\n\n11. \"Person\" means any individual, partnership, association,\n\ncorporation, or other legal entity of any kind; and\n\n12. \"A reasonable bona fide attempt\" means an attempt to\n\nascertain the true age of the minor by requiring production of a\n\ndriver license, marriage license, birth certificate or other\n\ngovernmental or educational identification card or paper and not\n\nrelying solely on the oral allegations or apparent age of the minor.","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":"c89d160a1909bf75bd472ccff21129ff1474693a6c719670e85f31c2d1f0badb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-1040.57","next":"us-ok/okla.-stat.-tit.-21-21-1040.76"},"notice":"GroundRules: Original legal text. Not legal advice."}