Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
In Oklahoma, child pornography is defined as a visual depiction or image of a person under 18 years of age engaged in either sex, sodomy, or sadomasochistic abuse, among other things. Although it is well known that owning child pornography is a crime, in Oklahoma, failing to report child pornography may also be a crime. The following is a summary of Oklahoma's child pornography laws.
The following table outlines child pornography laws in Oklahoma.
| Code Sections | OKLA. STAT. §§ 21-1021 through 1024.5; 1040.12A |
| What’s Prohibited? | Purchasing, procuring, or possessing child pornography. Making or otherwise preparing, publishing, selling, distributing, keeping for sale, knowingly downloading, giving, or loaning child pornography. Procuring or causing a minor to participate in pornography, or knowingly possessing, procuring, manufacturing, or causing child pornography to be sold or distributed. Knowingly allowing or consenting to a minor's participation in child pornograpy as the parent, guardian, or person otherwise having custody. Showing a minor child pornography for the purpose of inducing them to participate in it. "Aggravated" possession of child pornography: knowingly possessing 100 or more separate materials depicting child pornography. (Multiple copies of the same material are counted as separate items. "Materials" include digital images.) Failing to immediately report child pornography discovered within the scope of one's job as a commercial film or photo processor or commercial computer technician. |
| Penalties | Purchasing, procuring, or possessing child pornography is a felony punishable by up to 5 years in prison and up to $5,000 in fines. Making, selling, distributing, downloading, giving, or loaning child pornography is a felony punishable by up to 10 years in prison and up to $20,000 in fines. The minimum penalties are 30 days in prison and $500 in fines. Procuring a minor's participation, consenting to minor's participation, or knowingly possessing, procuring, manufacturing or causing child pornography to be sold or distributed is a felony punishable by up to 20 years in prison and up to $25,000 in fines. Showing a minor child pornography for the purpose of inducing them to participate in it is felony punishable by up to 30 years in prison. The minimum 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 punishable by up to life imprisonment and by up to $10,000 in fines. Failing to report child pornography discovered within the scope of one's job as a commercial film or photo processor or commercial computer technician is a misdemeanor punishable by up to 1 year in prison and up to $500 in fines. |
| Defenses | The consent of the minor is not a defense. It is a defense if the child pornography or conduct is in the course of law enforcement activities. |
If you have reason to believe someone you know is involved in child pornography, you should report it to the authorities immediately. If you have been charged with the sale or possession of child pornography or would like legal assistance with a child pornography matter, you can contact an Oregon criminal defense attorney. You can also visit FindLaw’s sections on Child Pornography, Sex Crimes, and Sex Offender Registry for more articles and information on this topic.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.