There are lots of terms for it: kiddie porn, child exploitation, child pornography. Whatever term is used, a possession of child pornography charge in Okmulgee, Oklahoma is serious business and can mean serious jail time.
With the advent of the internet, it has become easier to download and share pornography of all types. While adult pornography can be distasteful to many, possession of child pornography moves into a more serious arena.
Most pedophiles become experts at obtaining, sharing, and procuring child pornography, and Oklahoma is cracking down.
Penalties for a Child Pornography Charge in Okmulgee
A conviction for the possession, viewing, or distribution of child pornography is a felony in Oklahoma and jail terms are harsh.
If you are caught in possession of a single image of child pornography, or buying or procuring such an image, you could be subject to up to 20 years in prison and a fine up to $25,000. Okla. Stat. tit. 21 § 1024.2
What Exactly is Covered Under Child Pornography Laws?
Oklahoma has a number of statutes regarding what constitutes a child pornography charge, and there is some overlap among them. Child pornography covers a number of different mediums including film, movies, videos, negatives, undeveloped film, slides, and the like with sexually explicit depictions of children under the age of 18.
Included in this ban are any depictions of a child engaged in any kind of sexual act with a person or animal, depictions of acts of ejaculation, urination, or defecation in a sexual context, showing a child in bondage or fettered, any act of masturbation, the exhibition of uncovered genitals, buttocks, or breasts of a minor, and any depiction of a child for the purpose of sexual stimulation of the viewer. Okla. Stat. tit. 21 § 1024.1
In an effort to crack down further, in 2015, Oklahoma passed a new law aimed at the manufacture and sale of child pornography. It is illegal for a person to knowingly photograph, pose for, model for, print, sell, offer for sale, give away, exhibit, publish, offer to publish, or otherwise distribute, display, or exhibit any such materials. Okla. Stat. tit. 21 § 1040.8
This section allows for both a misdemeanor conviction for “obscene” materials and a felony conviction for “child pornography” materials.
If convicted for a possession of child pornography charge under this section, you could face up to 20 years in prison and a $10,000 fine for the first conviction and up to 30 years in prison and a $20,000 fine for a subsequent conviction.
If you are caught with 100 or more pieces of child pornography, even if you have 100 copies of the same picture, you can be convicted of aggravated possession of child pornography. If convicted under this statute, you could serve life in prison and pay a fine of up to $10,000. Okla. Stat. tit. 21 § 1040.12a
Is “Sexting” Illegal?
Not all child pornography is created equal. Sexting may seem trivial, but under Oklahoma law, it is currently illegal for a teenage boyfriend to have explicit pictures of his underage girlfriend that she “sexted” to him.
While we may not like the idea of teens engaging in this type of behavior, it seems a far cry from a 40-year-old man who carries explicit sexual pictures of a 12-year-old child on his computer or other electronic device. However, it is still considered child pornography.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or a loved one needs to speak with an Okmulgee criminal defense attorney regarding a child pornography charge in Oklahoma, call 918-756-9600 now for a low-cost consultation.
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