Okla. Stat. tit. 10A, § 10A-2-8-221

A. Whenever the district attorney for any district has

reasonable cause to believe that an individual, with knowledge of

its content, is engaged in sending a transmission or causing a

transmission to originate within this state containing obscene

material or child sexual abuse material, as such terms are defined

in Section 1024.1 of Title 21 of the Oklahoma Statutes, the district

attorney for the district into which the transmission is sent or

caused to be sent, may institute an action in the district court for

an adjudication of the obscenity or child sexual abuse content of

the transmission. Provided that if the conditions of subsection B

of this section are present, then it shall be at the discretion of

the district attorney whether the action instituted is a juvenile

offense as defined in subsection B of this section or whether the

action instituted is a felony for a violation of Section 1040.13a of

Title 21 of the Oklahoma Statutes.

The individual sending the transmission specified in this

section may be charged and tried in any district wherein the

transmission is sent or in which it is received by the person to

whom it was transmitted.

For purposes of any criminal prosecution pursuant to a violation

of this section, the person violating the provisions of this section

shall be deemed to be within the jurisdiction of this state by the

fact of accessing any computer, cellular phone, or other computer-

related or satellite-operated device in this state, regardless of

the actual jurisdiction where the violator resides.

B. Any individual under eighteen (18) years of age who engages

in the original or relayed transmission of obscene material or child

sexual abuse material via electronic media in the form of digital

images, videos, or other depictions of real persons under the age of

eighteen (18) years, and:

1. The original or relayed transmission is of another minor

over thirteen (13) years of age and is made with the consent of the

pictured individual and is transmitted to five or fewer individual

destinations, known or unknown, shall be guilty of a misdemeanor

violation of this section punishable by:

a. a fine not to exceed Five Hundred Dollars ($500.00)

for the first offense,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 464

b. a fine not to exceed One Thousand Dollars ($1,000.00)

for a second and subsequent offense,

c. up to forty (40) hours of community service,

d. a referral to a juvenile bureau to propose a probation

plan which shall be adopted through disposition, or

e. attendance and successful completion of an educational

program or a delinquency prevention and diversion

program as provided in Section 24-100.4 of Title 70 of

the Oklahoma Statutes. The court shall have the

discretion to order the parent or legal guardian of

the juvenile to attend and successfully complete the

educational program;

2. The original or relayed transmission is of another minor

over thirteen (13) years of age and is made without the consent of

the pictured individual, or is sent to six or more individual

destinations, known or unknown, shall be guilty of a misdemeanor

violation of this section punishable by:

a. a fine not to exceed Seven Hundred Dollars ($700.00)

for the first offense,

b. a fine not to exceed One Thousand Four Hundred Dollars

($1,400.00) for a second or subsequent offense,

c. up to sixty (60) hours of community service,

d. a referral to a juvenile bureau to propose a probation

plan which shall be adopted through disposition, and

e. attendance and successful completion of an educational

program or a delinquency prevention and diversion

program as provided in Section 24-100.4 of Title 70 of

the Oklahoma Statutes. The court shall have the

discretion to order the parent or legal guardian of

the juvenile to attend and successfully complete the

educational program; and

3. The original or relayed transmission is of another minor
ndance and successful completion of an educational

program or a delinquency prevention and diversion

program as provided in Section 24-100.4 of Title 70 of

the Oklahoma Statutes. The court shall have the

discretion to order the parent or legal guardian of

the juvenile to attend and successfully complete the

educational program; and

3. The original or relayed transmission is of another minor

thirteen (13) years of age or younger, with or without the pictured

individual's consent, and is transmitted to any number of

destinations, known or unknown, shall be guilty of a misdemeanor

violation of this section punishable by:

a. a fine not to exceed Nine Hundred Dollars ($900.00)

for the first offense,

b. a fine not to exceed One Thousand Eight Hundred

Dollars ($1,800.00) for a second or subsequent

offense,

c. up to eighty (80) hours of community service,

d. a referral to a juvenile bureau to propose a probation

plan which may be adopted through disposition, and

e. attendance and successful completion of an educational

program or a delinquency prevention and diversion

program as provided in Section 24-100.4 of Title 70 of

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 465

the Oklahoma Statutes. The court shall have the

discretion to order the parent or legal guardian of

the juvenile to attend and successfully complete the

educational program.

C. The fact that the individual making the transmission and the

individual pictured are the same does not alter the criminality

provided in this section.

D. It is an affirmative defense to the relayed transmission of

obscene material or child sexual abuse material, as these terms are

defined in Section 1024.1 of Title 21 of the Oklahoma Statutes, if a

juvenile:

1. Has not solicited the visual depiction; and

2. Does not subsequently distribute, present, transmit, post,

print, disseminate or exchange the visual depiction except for the

purpose of reporting the original transmission or relayed

transmission to appropriate school or law enforcement authorities.