Okla. Stat. tit. 21, § 21-1040.75

As used in Sections 1040.75 through 1040.77 of this title:

1. "Minor" means any person under the age of eighteen (18)

years;

2. "Harmful to minors" means:

a. that quality of any description, exhibition,

presentation or representation, in whatever form, of

nudity, sexual conduct, sexual excitement, or

sadomasochistic abuse when the material or

performance, taken as a whole, has the following

characteristics:

(1) the average person eighteen (18) years of age or

older applying contemporary community standards

would find that the material or performance has a

predominant tendency to appeal to a prurient

interest in sex to minors, and

(2) the average person eighteen (18) years of age or

older applying contemporary community standards

would find that the material or performance

depicts or describes nudity, sexual conduct,

sexual excitement or sadomasochistic abuse in a

manner that is patently offensive to prevailing

standards in the adult community with respect to

what is suitable for minors, and

(3) the material or performance lacks serious

literary, scientific, medical, artistic, or

political value for minors, or

b. any description, exhibition, presentation or

representation, in whatever form, of inappropriate

violence;

3. "Inappropriate violence" means any description or

representation, in an interactive video game or computer software,

of violence which, taken as a whole, has the following

characteristics:

a. the average person eighteen (18) years of age or older

applying contemporary community standards would find

that the interactive video game or computer software

is patently offensive to prevailing standards in the

adult community with respect to what is suitable for

minors, and

b. the interactive video game or computer software lacks

serious literary, scientific, medical, artistic, or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 452

political value for minors based on, but not limited

to, the following criteria:

(1) is glamorized or gratuitous,

(2) is graphic violence used to shock or stimulate,

(3) is graphic violence that is not contextually

relevant to the material,

(4) is so pervasive that it serves as the thread

holding the plot of the material together,

(5) trivializes the serious nature of realistic

violence,

(6) does not demonstrate the consequences or effects

of realistic violence,

(7) uses brutal weapons designed to inflict the

maximum amount of pain and damage,

(8) endorses or glorifies torture or excessive

weaponry, or

(9) depicts lead characters who resort to violence

freely;

4. "Nudity" means the:

a. showing of the human male or female genitals, pubic

area, or buttocks with less than a full opaque

covering,

b. showing of the female breast with less than a full

opaque covering of any portion of the female breast

below the top of the nipple, or

c. depiction of covered male genitals in a discernibly

turgid state;

5. "Sexual conduct" means sexual intercourse, physical contact

with a person's clothed or unclothed genitals, pubic area, buttocks,

or, if such person be a female, breast, or fellatio, cunnilingus,

anal intercourse, or any other intrusion, however slight, of any

part of a person's body or of any object into the genital or anal

openings of another person's body, or depictions or descriptions of

sexual bestiality, sadomasochism, masturbation, or excretory

functions;

6. "Sexual excitement" means the condition of human male or

female genitals when in a state of sexual stimulation or arousal;

7. "Sadomasochistic abuse" means flagellation or torture by or

upon a person clothed or naked or the condition of being fettered,

bound or otherwise physically restrained on the part of one so

clothed or naked;

8. "Material" means anything tangible that is capable of being

used or adapted to arouse prurient interest, whether through the

medium of reading, observation, sound, or in any other manner
domasochistic abuse" means flagellation or torture by or

upon a person clothed or naked or the condition of being fettered,

bound or otherwise physically restrained on the part of one so

clothed or naked;

8. "Material" means anything tangible that is capable of being

used or adapted to arouse prurient interest, whether through the

medium of reading, observation, sound, or in any other manner

including, but not limited to, anything printed or written, any

book, magazine, newspaper, pamphlet, picture, drawing, pictorial

representation, motion picture, photograph, video tape, video disk,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 453

film, transparency, slide, audiotape, audio disk, computer tape,

video game, or any other medium used to electronically produce or

reproduce images on a screen, or any mechanical, chemical, or

electronic reproduction. Material includes undeveloped photographs,

molds, printing plates, and other latent representational objects

whether or not processing or other acts are required to make the

content of the material apparent;

9. "Performance" means any motion picture, film, video tape,

played record, phonograph or tape, preview, trailer, play, show,

skit, dance, or other exhibition performed or presented to or before

an audience of one or more, with or without consideration;

10. "Knowingly" means having general knowledge of, or reason to

know, or a belief or ground for belief which warrants further

inspection or inquiry of both:

a. the character and content of any material or

performance which is reasonably susceptible of

examination by the defendant, and

b. the age of the minor. However, an honest mistake,

shall constitute an excuse from liability pursuant to

this act if the defendant made a reasonable bona fide

attempt to ascertain the true age of such minor;

11. "Person" means any individual, partnership, association,

corporation, or other legal entity of any kind; and

12. "A reasonable bona fide attempt" means an attempt to

ascertain the true age of the minor by requiring production of a

driver license, marriage license, birth certificate or other

governmental or educational identification card or paper and not

relying solely on the oral allegations or apparent age of the minor.