Oklahoma Child Pornography Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 01, 2024

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There are state and federal laws banning child pornography. Oklahoma law takes child pornography seriously, and the penalties for this sex crime are severe. The Oklahoma statutes define child porn as a visual depiction or image of a person under 18 years of age engaged in either sex, sodomy, or sadomasochistic abuse. Child pornography is also known as Child Sexual Abuse Material (CSAM) because it depicts the abuse of children.

Although most people know owning CSAM is a crime, Oklahoma lawmakers have also made other related offenses a crime. For example, failing to report CSAM is a crime in certain circumstances. It's also against the law to engage in sexting with someone under 18.

If you're facing CSAM charges in Oklahoma, you should get to know the state's child pornography laws. The penalties are harsh, and a conviction will affect your personal and professional lives. You'll face a possible prison sentence and fines, and you must register as a sex offender.

Here, we'll explain Oklahoma's CSAM laws, including the penalties and possible defenses. If Oklahoma has charged you with possession, promotion, or distribution of child pornography, consult a criminal defense lawyer immediately.

Oklahoma Child Pornography Laws: Chart

The following table outlines the child pornography laws in Oklahoma.

Code sections

OKLA. STAT. §§ 21-1021 through 1024.5; 1040.12A
What’s prohibited?

Oklahoma state law prohibits the following behavior:

  • Purchasing, procuring, or possessing child pornography for the purpose of sexual stimulation of the viewer.
  • Knowingly downloading, creating, publishing, selling, or distributing child pornography.
  • Procuring or causing a minor to take part in pornography
  • Knowingly possessing, procuring, manufacturing, or promoting the sale or distribution of child pornography.
  • Knowingly allowing or consenting to a minor's participation in child pornography.
  • Showing a minor child pornography to induce them to take part in it.
Aggravated possession of child pornography

Knowingly possessing 100 or more separate materials depicting child pornography.

Failing to immediately report child pornography

Commercial film or photo processors and commercial computer technicians must report any CSAM they discover in the scope of their employment.
Penalties

Purchasing, procuring, or possessing child pornography is a felony punishable by up to five years in prison and up to $5,000 in fines.

Making, selling, distributing, or downloading child pornography is a felony. It carries a potential prison sentence of up to 10 years and fines of up to $20,000. The minimum penalties are 30 days in jail and a fine of $500.

Procuring or consenting to a minor's participation in CSAM or knowingly possessing, procuring, manufacturing, or promoting the sale or distribution of child pornography is a felony. A conviction will result in a prison sentence of up to 20 years and fines of up to $25,000.

Showing a minor child pornography to induce them to take part in it is a felony punishable by up to 30 years in prison. The minimum prison sentence is 10 years. If the child is under 12 at the time of the crime, the minimum sentence is 25 years.

Aggravated possession of child pornography is a felony that carries a penalty of life imprisonment and fines of up to $10,000.

Failing to report CSAM is a misdemeanor punishable by up to one year in prison and up to $500 in fines.

A conviction for the above criminal offenses may also require sex offender registration.
Defenses

Actual innocence is a defense.

Consent of the minor is not a defense.

It is a defense if child pornography is part of law enforcement activities.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

An Oklahoma Criminal Defense Attorney Can Help

If you're facing child pornography charges, contact an Oregon criminal defense attorney. You can also visit FindLaw's sections on Child Pornography, Sex Crimes, and Sex Offender Registry for more information on this topic.

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