Okla. Stat. tit. 21, § 21-1040.13bv2

images.

A. As used in this section:

1. "Image" includes a photograph, film, videotape, digital

recording or other depiction or portrayal of an object, including a

human body;

2. "Intimate parts" means the fully unclothed, partially

unclothed or transparently clothed genitals, pubic area or female

adult nipple; and

3. "Sexual act" means sexual intercourse including genital,

anal or oral sex.

B. A person commits nonconsensual dissemination of private

sexual images when he or she:

1. Intentionally disseminates an image of another person who is

engaged in a sexual act or whose intimate parts are exposed, in

whole or in part;

2. Obtains the image under circumstances in which a reasonable

person would know or understand that the image was to remain

private; and

3. Disseminates the image without the effective consent of the

depicted person.

C. The provisions of this section shall not apply to the

intentional dissemination of an image of another identifiable person

who is engaged in a sexual act or whose intimate parts are exposed

when:

1. The dissemination is made for the purpose of a criminal

investigation that is otherwise lawful;

2. The dissemination is for the purpose of, or in connection

with, the reporting of unlawful conduct;

3. The images involve voluntary exposure in public or

commercial settings; or

4. The dissemination serves a lawful purpose.

D. Nothing in this section shall be construed to impose

liability upon the following entities solely as a result of content

or information provided by another person:

1. An interactive computer service, as defined in 47 U.S.C.,

Section 230(f)(2);

Oklahoma Statutes - Title 21. Crimes and Punishments Page 464

2. A wireless service provider, as defined in Section 332(d) of

the Telecommunications Act of 1996, 47 U.S.C., Section 151 et seq.,

Federal Communications Commission rules, and the Omnibus Budget

Reconciliation Act of 1993, Pub. L. No. 103-66; or

3. A telecommunications network or broadband provider.

E. A person convicted under this section is subject to the

forfeiture provisions in Section 1040.54 of this title.

F. Any person who violates the provisions of subsection B of

this section shall, upon conviction, be guilty of a misdemeanor

punishable by imprisonment in a county jail for not more than one

(1) year or by a fine of not more than One Thousand Dollars

($1,000.00), or both such fine and imprisonment.

G. Any person who violates or attempts to violate the

provisions of subsection B of this section and who gains or attempts

to gain any property or who gains or attempts to gain anything of

value as a result of the nonconsensual dissemination or threatened

dissemination of private sexual images shall, upon conviction, be

guilty of a Class D1 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20N of this

title. A second or subsequent violation of this subsection shall be

a Class D1 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20N of this title and the

offender shall be required to register as a sex offender under the

Sex Offenders Registration Act.

H. The state shall not have the discretion to file a

misdemeanor charge, pursuant to Section 234 of Title 22 of the

Oklahoma Statutes, for a violation pursuant to subsection G of this

section.

I. The court shall have the authority to order the defendant to

remove the disseminated image should the court find it is in the

power of the defendant to do so.

J. Nothing in this section shall prohibit the prosecution of a

person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,

1024.2, or 1040.12a of this title or any other applicable statute.

K. Any person who violates the provisions of subsection B of

this section by disseminating three or more images within a six-

month period shall, upon conviction, be guilty of a Class D1 felony
.

J. Nothing in this section shall prohibit the prosecution of a

person pursuant to the provisions of Section 1021.2, 1021.3, 1024.1,

1024.2, or 1040.12a of this title or any other applicable statute.

K. Any person who violates the provisions of subsection B of

this section by disseminating three or more images within a six-

month period shall, upon conviction, be guilty of a Class D1 felony

offense punishable by imprisonment as provided for in subsections B

through F of Section 20N of this title.