Okla. Stat. tit. 21, § 21-1040.8
This is the official text of Okla. Stat. tit. 21, § 21-1040.8, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Publication, distribution, or participation in
Official statutory text
preparation of obscene material or child sexual abuse material -
Unsolicited mailings.
A. No person shall knowingly photograph, act in, pose for,
model for, print, sell, offer for sale, give away, exhibit, publish,
offer to publish, or otherwise distribute, display, or exhibit any
book, magazine, story, pamphlet, paper, writing, card,
advertisement, circular, print, picture, photograph, motion picture
film, electronic video game or recording, image, cast, slide,
figure, instrument, statue, drawing, presentation, or other article
which is obscene material or child sexual abuse material, as defined
in Section 1024.1 of this title. In the case of any unsolicited
mailing of any of the material listed in this section, the offense
is deemed complete from the time such material is deposited in any
post office or delivered to any person with intent that it shall be
forwarded. Also, unless preempted by federal law, no unsolicited
mail which is harmful to minors pursuant to Section 1040.75 of this
title shall be mailed to any person. The party mailing the
materials specified in this section may be indicted and tried in any
county wherein such material is deposited or delivered, or in which
it is received by the person to whom it is addressed.
B. Any person who violates any provision of this section
involving obscene materials, upon conviction, shall be guilty of a
misdemeanor and shall be punished by imprisonment in the county jail
for not more than one (1) year, or by a fine of not less than Two
Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
C. Any person who violates any provision of this section
involving child sexual abuse material, upon conviction, shall be
guilty of a Class B2 felony offense and shall be punished by
imprisonment in the custody of the Department of Corrections for not
Oklahoma Statutes - Title 21. Crimes and Punishments Page 436
less than three (3) years and not more than twenty (20) years, or by
a fine of not less than Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment. Any person convicted of a second
or subsequent violation shall, upon conviction, be punished by
imprisonment in the custody of the Department of Corrections for not
less than ten (10) years and not more than thirty (30) years, or by
a fine of not less than Twenty Thousand Dollars ($20,000.00), or by
both such fine and imprisonment. The violator, upon conviction,
shall be required to register as a sex offender under the Sex
Offenders Registration Act.
Unsolicited mailings.
A. No person shall knowingly photograph, act in, pose for,
model for, print, sell, offer for sale, give away, exhibit, publish,
offer to publish, or otherwise distribute, display, or exhibit any
book, magazine, story, pamphlet, paper, writing, card,
advertisement, circular, print, picture, photograph, motion picture
film, electronic video game or recording, image, cast, slide,
figure, instrument, statue, drawing, presentation, or other article
which is obscene material or child sexual abuse material, as defined
in Section 1024.1 of this title. In the case of any unsolicited
mailing of any of the material listed in this section, the offense
is deemed complete from the time such material is deposited in any
post office or delivered to any person with intent that it shall be
forwarded. Also, unless preempted by federal law, no unsolicited
mail which is harmful to minors pursuant to Section 1040.75 of this
title shall be mailed to any person. The party mailing the
materials specified in this section may be indicted and tried in any
county wherein such material is deposited or delivered, or in which
it is received by the person to whom it is addressed.
B. Any person who violates any provision of this section
involving obscene materials, upon conviction, shall be guilty of a
misdemeanor and shall be punished by imprisonment in the county jail
for not more than one (1) year, or by a fine of not less than Two
Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
C. Any person who violates any provision of this section
involving child sexual abuse material, upon conviction, shall be
guilty of a Class B2 felony offense and shall be punished by
imprisonment in the custody of the Department of Corrections for not
Oklahoma Statutes - Title 21. Crimes and Punishments Page 436
less than three (3) years and not more than twenty (20) years, or by
a fine of not less than Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment. Any person convicted of a second
or subsequent violation shall, upon conviction, be punished by
imprisonment in the custody of the Department of Corrections for not
less than ten (10) years and not more than thirty (30) years, or by
a fine of not less than Twenty Thousand Dollars ($20,000.00), or by
both such fine and imprisonment. The violator, upon conviction,
shall be required to register as a sex offender under the Sex
Offenders Registration Act.
Status: in_force · Read it on the official government site
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