reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1030. Definitions.

As used in the Oklahoma Statutes, unless otherwise provided for by law:
1. "Prostitution" means:
a.
the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or
b.
the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value;
2. "Child prostitution" means prostitution or lewdness as defined in this section with a person under eighteen (18) years of age, in exchange for money or any other thing of value;
3. "Anal intercourse" means contact between human beings of the genital organs of one and the anus of another;
4. "Cunnilingus" means any act of oral stimulation of the vulva or clitoris;
5. "Fellatio" means any act of oral stimulation of the penis;
6. "Lewdness" means:
a.
any lascivious, lustful or licentious conduct,
b.
the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious conduct with any person not his or her spouse, or
c.
any act in furtherance of such conduct or any appointment or engagement for prostitution; and
7. "Masturbation" means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
Added by Laws 1943, p. 84, § 3, emerg. eff. Feb. 26, 1943. Amended by Laws 1992, c. 143, § 3, eff. Sept. 1, 1992; Laws 1993, c. 296, § 2, eff. Sept. 1, 1993; Laws 2016, c. 184, § 2, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.8. Publication, distribution or participation in preparation of obscene material or child pornography - 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 pornography, 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 pornography, upon conviction, shall be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not 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.
Added by Laws 1961, p. 230, § 1, emerg. eff. July 26, 1961. Amended by Laws 1970, c. 91, § 1, emerg. eff. March 27, 1970; Laws 1983, c. 5, § 1, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, § 12, eff. Nov. 1, 2000; Laws 2002, c. 107, § 1, eff. Nov. 1, 2002; Laws 2009, c. 457, § 3, eff. July 1, 2009; Laws 2014, c. 337, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.11. Oklahoma Law on Obscenity and Child Pornography.

Sections 1021 through 1040.77 of this title shall be known as the "Oklahoma Law on Obscenity and Child Pornography" and may be referred to by that designation.
Added by Laws 1968, c. 121, § 1, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 13, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.12a. Aggravated possession of child pornography - Penalties - Definitions.

A. Any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term not exceeding life imprisonment and by a fine in an amount not more than Ten Thousand Dollars ($10,000.00). The violator, upon conviction, shall be required to register as a sex offender under the Sex Offenders Registration Act.
B. For purposes of this section:
1. Multiple copies of the same identical material shall each be counted as a separate item;
2. The term “material” means the same definition provided by Section 1040.75 of Title 21 of the Oklahoma Statutes and, in addition, includes all digital and computerized images and depictions; and
3. The term "child pornography" means the same definition provided by Section 1040.80 of Title 21 of the Oklahoma Statutes and, in addition, includes sexual conduct, sexual excitement, sadomasochistic abuse, and performance of material harmful to minors where a minor is present or depicted as such terms are defined in Section 1040.75 of Title 21 of the Oklahoma Statutes.
Added by Laws 2008, c. 438, § 2, eff. July 1, 2008. Amended by Laws 2009, c. 457, § 4, eff. July 1, 2009.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.13. Acts prohibited - Felony.

Every person who, with knowledge of its contents, sends, brings, or causes to be sent or brought into this state for sale or commercial distribution, or in this state prepares, sells, exhibits, commercially distributes, gives away, offers to give away, or has in his possession with intent to sell, to commercially distribute, to exhibit, to give away, or to offer to give away any obscene material or child pornography or gives information stating when, where, how, or from whom, or by what means obscene material or child pornography can be purchased or obtained, upon conviction, is guilty of a felony and shall be punished by imprisonment for not more than ten (10) years in prison or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.
Added by Laws 1968, c. 121, § 3, emerg. eff. April 4, 1968. Amended by Laws 1983, c. 5, § 2, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, § 14, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.14. Action for adjudication of obscenity or child pornographic content of mailable matter.

(a) Whenever the Attorney General of this state or the district attorney for any district has reasonable cause to believe that any person, with knowledge of its contents, is (1) engaged in sending or causing to be sent, bringing or causing to be brought, into this state for sale or commercial distribution, or is (2) in this state preparing, selling, exhibiting or commercially distributing or giving away, or offering to give away, or has in his possession with intent to sell, or commercially distribute or to exhibit or give away or offer to give away, any obscene material or child pornography, the Attorney General or the district attorney for the county into which such mailable matter is sent or caused to be sent, brought or caused to be brought, or in which it is prepared, sold, exhibited or commercially distributed or given away or offered to be given away, or possessed, may institute an action in the district court for an adjudication of the obscenity or child pornographic content of the mailable matter.
(b) The procedure to be followed shall be that set forth in this act.
Added by Laws 1968, c. 121, § 4, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 15, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.15. Petition.

The action described in Section 1040.14 of this title shall be commenced by filing with the court a petition:
(a) directed against the matter by name or description;
(b) alleging it is obscene material or child pornography;
(c) listing the names and addresses, if known, of its author, publisher and any other person sending or causing it to be sent, bringing or causing it to be brought into this state for sale or commercial distribution and of any person in this state preparing, selling, exhibiting or commercially distributing it, or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
(d) seeking an adjudication that it is either obscene material or child pornography, as defined in Section 1024.1 of this title;
(e) seeking a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, or in this state preparing, selling, exhibiting or commercially distributing it, giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
(f) seeking its surrender, seizure and destruction.
Added by Laws 1968, c. 121, § 5, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 16, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.16. Summary examination of material - Dismissal or show cause order.

(a) Upon the filing of the petition described in Section 1040.15 of this title, the court shall summarily examine the obscene material or child pornography.
(b) If the court finds no probable cause to believe it is obscene material or child pornography, the court shall dismiss the petition.
(c) If the court finds probable cause to believe it is obscene material or child pornography, the court shall immediately issue an order or rule to show cause why it should not be adjudicated to be obscene material or child pornography.
(d) The order or rule to show cause shall be:
(1) directed against it by name or description;
(2) if their names and addresses are known, served personally in the manner provided in this act for the service of process or in any manner now or hereafter provided by law, upon its author, publisher, and any other person interested in sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, and on any person in this state preparing, selling, exhibiting or commercially distributing it or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away;
(3) returnable six (6) days after its service.
Added by Laws 1968, c. 121, § 6, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 17, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.17. Answer.

(a) On or before the return date specified in the order or rule to show cause, the author, publisher, or any person interested in sending or causing to be sent, bringing or causing to be brought, into this state for sale or commercial distribution, or any person in this state preparing, selling, exhibiting or commercially distributing, or giving away or offering to give away, or possessing with intent to sell or commercially distribute or exhibit or give away or offer to give away, the matter may appear and file an answer.
(b) The court may, by order, permit any other person to appear and file an answer as amicus curiae. A person granted permission and appearing and filing an answer has all the rights of a party to the proceeding.
(c) If no person appears and files an answer on or before the return date specified in the order or rule to show cause, the court shall enter judgment either
(1) adjudicating the matter not to be obscene material or child pornography, if the court so finds; or
(2) adjudicating it to be obscene material or child pornography, if the court so finds.
(d) Every person appearing and answering shall be entitled, upon request, to a trial of the issues before the court not less than three (3) days after a joinder of issue.
Added by Laws 1968, c. 121, § 7, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 18, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.18. Trial - Evidence.

(a) The court shall conduct the trial in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury.
(b) The court shall receive evidence at the trial, including the testimony of experts, pertaining, but not limited, to:
(1) whether, to the average person, applying contemporary community standards, the dominant theme of the mailable matter taken as a whole is to prurient interest;
(2) the artistic, literary, scientific and educational merits of the mailable matter considered as a whole;
(3) the intent of the author and publisher in preparing, writing and publishing the mailable matter;
(4) the appeal to prurient interest, or absence thereof, in advertising or other promotion of the mailable matter.
Laws 1968, c. 121, § 8, emerg. eff. April 4, 1968.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.20. Destruction - Injunction.

In the event that a judgment is entered adjudicating the matter to be obscene material or child pornography, the court shall further:
(a) order the person or persons having possession of it to surrender it to the sheriff for destruction and, in the event that person refuses, order the sheriff in the county in which the action was brought to seize and destroy it;
(b) enter a permanent injunction against any person sending or causing it to be sent, bringing or causing it to be brought, into this state for sale or commercial distribution, and against any person in this state preparing, selling, exhibiting or commercially distributing it, giving it away or offering to give it away, or having it in his possession with intent to sell or commercially distribute or exhibit or give it away or offer to give it away.
Added by Laws 1968, c. 121, § 10, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 19, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.21. Sending or selling of materials with knowledge of judgment.

Any matter which, following the entry of a judgment that it is obscene material or child pornography, is sent or caused to be sent, brought or caused to be brought, into this state for sale or commercially distributed, given away or offered to be given away, by any person with knowledge of the judgment, or is in the possession of any such person with intent to sell or commercially distribute or exhibit or give away or offer to give away, is subject to the provisions of Section 1040.13 of this title.
Added by Laws 1968, c. 121, § 11, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 20, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.22. Contempt.

After the entry of a judgment that the matter is obscene material or child pornography, any person who, with knowledge of the judgment or of the order or rule to show cause, sends or causes to be sent, brings or causes to be brought, into this state for sale or commercial distribution, the matter, or who in this state sells, exhibits or commercially distributes it, gives away or offers to give it away, or has it in his possession with intent to sell or commercially distribute or exhibit or give away or offer to give it away, shall be guilty of contempt of court and upon conviction after notice and hearing shall be imprisoned in the county jail for not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or be so imprisoned or fined.
Added by Laws 1968, c. 121, § 12, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 21, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.23. Extradition.

In all cases in which a charge or violation of any section or sections of this act is brought against a person who cannot be found in this state, the executive authority of this state, being the Governor or any person performing the functions of Governor by authority of the law of this state, shall demand extradition of such person from the executive authority of the state in which such person may be found, pursuant to the law of this state.
Laws 1968, c. 121, § 13, emerg. eff. April 4, 1968.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.24. Presumptions.

The possession of two or more of any single article that is obscene material or child pornography, or the possession of a combined total of any five articles that are obscene material or child pornography (except the possession of them for the purpose of return to the person from whom received) shall create a presumption that they are intended for sale or commercial distribution, exhibition or gift, but such presumption shall be rebuttable. The burden of proof that their possession is for the purpose of return to the person from whom received shall be on the possessor.
Added by Laws 1968, c. 121, § 14, emerg. eff. April 4, 1968. Amended by Laws 2000, c. 208, § 22, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.25. Jurisdiction - Service of process - Fines - Execution against property.

In order to protect the citizens and residents of this state against unfit articles and printed or written matter or material which originate outside this state, it is the purpose of this section to subject to the jurisdiction of the courts of this state those persons who are responsible for the importation of those things into this state.
To that end and in the exercise of its power and right to protect its citizens and residents, it is hereby provided that any person, whether or not a citizen or resident of this state, who sends or causes to be sent into this state for resale in this state any article or printed matter or material is for the purpose of this act transacting business in this state and by that act:
(a) submits himself to the jurisdiction of the courts of this state in any proceeding commenced under Section 4 of this act;
(b) constitutes the Secretary of State his agent for service of process in any proceeding commenced under Section 4 of this act; and consents that service of process shall be made by serving a copy upon the Secretary of State or by filing a copy in the Secretary of State's office, and that this service shall be sufficient service provided that, within one day after service, notice of the service and a copy of the process are sent by registered mail by the Attorney General or district attorney to him at his last-known address and proof of such mailing filed with the clerk of the court within one day after mailing;
(c) consents that any fine levied against him under any section of this act may be executed against any of his real property, personal property, tangible or intangible, choses in action or property of any kind or nature, including debts owing to him, which are situated or found in this state.
Service of process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may also be made by personally serving the summons upon him outside this state with the same force and effect as though summons had been personally served within this state. The service of summons shall be made in like manner as service within this state, by any person over twenty-one (21) years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.
Laws 1968, c. 121, § 15, emerg. eff. April 4, 1968.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.26. Repealer.

21 O.S.1961, Sections 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040.1, 1040.2, 1040.3, 1040.4, 1040.5, 1040.6 and 1040.7, are hereby repealed.
Laws 1968, c. 121, § 16, emerg. eff. April 4, 1968.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.52. Showing of specified actual or simulated sexual activity and nudity at certain outdoor theaters prohibited - Penalty.

A. Every owner or operator of an outdoor theater in this state is guilty of a misdemeanor who shows or causes to be shown a motion picture depicting:
1. Any person, whether nude or clad, in an act or simulation of an act of sexual intercourse, unnatural copulation or other sexual activity including the showing of human genitals in a state of sexual stimulation or arousal, acts of human masturbation, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or
2. Nude or partially denuded figures including less than completely and opaquely covered human genitals, pubic regions, buttock and female breast below a point immediately above the top of the areola and including human male genitals in a discernibly turgid state. even if completely and opaquely covered.
B. This section shall be applicable, however, only where the viewing portion of the screen of such theater is situated within the view of any residence or where children under eighteen (18) years of age have an understanding view of the picture.
C. Any prosecution under this section must be preceded by a written complaint from a resident affected by the terms of this act. D. Upon conviction of a violation of this section such person shall be imprisoned in the county jail for not more than one (1) year. or fined not more than One Thousand Dollars ($1,000.00), or be both so imprisoned and fined.
Laws 1970, c. 243, § 1, emerg. eff. April 22, 1970; Laws 1973, c. 63, § 1, emerg. eff. April 27, 1973.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.53. Projectionists, ushers or cashiers excepted from statutes relating to exhibit of obscene motion pictures.

The provisions of statutes of this state and the provisions of ordinances of any city prescribing a criminal penalty for exhibit of any obscene motion picture shown in a commercial theater open to the general public shall not apply to a projectionist or assistant projectionist, usher or cashier, provided he has no financial interest in the show or in its place of presentation other than regular employment as a projectionist or assistant projectionist, usher or cashier. Provided further, that such person is not acting as manager or director of such theater. The provisions of this act shall not exempt any projectionist or assistant projectionist, usher or cashier from criminal liability for any act unrelated to projection of motion pictures in a commercial theater open to the general public.
Laws 1971, c. 20, § 1, emerg. eff. March 22, 1971.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.55. Adult cabaret and sexually oriented business exterior advertising signs - Requirements.

A. As used in this section:
1. “Adult cabaret” means a nightclub, bar, restaurant, or similar establishment in which persons appear in a state of nudity in the performance of their duties;
2. “Sexually oriented business” means any business which offers its patrons goods of which a substantial portion are sexually oriented materials. Any business where more than ten percent (10%) of display space is used for sexually oriented materials shall be presumed to be a sexually oriented business;
3. “Sexually oriented materials” means any textual, pictorial, or three-dimensional material that depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a way that is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
4. “State of nudity” means the showing of either:
a.
the human male or female genitals or pubic area with less than a fully opaque covering, or
b.
the female breast with less than a fully opaque covering or any part of the nipple.
B. Except as otherwise provided in this subsection, no billboard or other exterior advertising sign for an adult cabaret or sexually oriented business shall be located within one (1) mile of any state highway. If such a business is located within one (1) mile of a state highway, the business may display a maximum of two exterior signs on the premises of the business, consisting of one identification sign and one sign solely giving notice that minors are not permitted on the premises. The identification sign shall be no more than forty (40) square feet in size and shall include no more than the following information: name, street address, telephone number, and operating hours of the business.
C. Signs existing at the time of the adoption of this section, which do not conform to the requirements of this section, may be allowed to continue as a nonconforming use, but shall be made to conform not later than November 1, 2009.
D. The Attorney General shall represent the state in all actions and proceedings arising from this section. In addition, all costs incurred by the Attorney General to defend or prosecute this section, including payment of all court costs, civil judgments, and, if necessary, any attorney fees, shall be paid from the General Revenue Fund.
E. Any owner of a business who violates the provisions of this section shall be guilty of a misdemeanor.
Added by Laws 2006, c. 321, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.56. Cause of action – Damages – Statute of limitations.

A. Any person who, while under the age of eighteen (18), was a victim of an offense provided for in Section 681, 741, 843.5, 852.1, 867, 885, 886, 888, 891, 1021, 1021.2, 1021.3, 1024.2, 1040.8, 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1, 1114 or 1123 of Title 21 of the Oklahoma Statutes, where such offense resulted in a conviction and any portion of such offense was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such child pornography, may bring a civil action against the producer, promoter, or intentional possessor of such child pornography, regardless of whether the victim is now an adult.
B. In any civil action brought under this section, the prevailing plaintiff shall recover the actual, special and punitive damages such person sustained and the cost of the suit, including reasonable attorney fees.
C. Notwithstanding any other provision of law, any civil action commenced pursuant to this section shall be filed within three (3) years after the later of:
1. The conclusion of the related criminal case;
2. The notification to the victim by a law enforcement agency of the creation, possession, distribution or promotion of child pornography; or
3. In the case of a victim younger than eighteen (18) years of age, within three (3) years after the person reaches the age of eighteen (18).
D. It is not a defense to a civil cause of action under this section that the respondent did not know the victim or commit the abuse depicted in the child pornography.
E. As used in this section, “child pornography” shall have the same meaning as such term is defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.
F. The provisions of this section shall not apply to any acts performed in the scope and course of employment by any:
1. Law enforcement officer;
2. Forensic examiner;
3. Prosecuting attorney; or
4. Employee of a child advocacy organization.
Added by Laws 2011, c. 195, § 1, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.57. Publishing reviews of sexual encounters — Penalties.

A. It shall be unlawful for any person who pays a fee for a sexual encounter to publish a review of that sexual encounter or to publish a review of the pubic area, buttocks, or breasts experienced in the sexual encounter on a website that facilitates, encourages, offers, solicits, or promotes sexual conduct with another for a fee.
B. 1. Any person who violates the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the Department of Corrections for a term not more than three (3) years and by fines as follows:
a.
not more than One Thousand Dollars ($1,000.00) upon the first conviction,
b.
not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the second conviction, and
c.
not more than Five Thousand Dollars ($5,000.00) upon the third or subsequent convictions.
2. Any person who violates the provisions of this section where the victim of the offense is under eighteen (18) years of age at the time of the offense shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years and by fines as follows:
a.
not more than Five Thousand Dollars ($5,000.00) upon the first conviction,
b.
not more than Ten Thousand Dollars ($10,000.00) upon the second conviction, and
c.
not more than Fifteen Thousand Dollars ($15,000.00) upon the third or subsequent convictions.
3. The terms of imprisonment specified in this subsection shall not be subject to statutory provisions for suspension, deferral, or probation or state correctional institution earned credits accruing from and after November 1, 1989, except for the achievement earned credits authorized by subsection H of Section 138 of Title 57 of the Oklahoma Statutes. To qualify for such achievement earned credits, inmates must also be in compliance with the standards for Class level 2 behavior, as defined in subsection D of Section 138 of Title 57 of the Oklahoma Statutes.
4. Upon a third conviction, the person shall be required to register as a sex offender under the Sex Offenders Registration Act and shall be assigned a risk level of one. Upon a sixth conviction, the person shall be assigned a risk level of two.
C. As used in this section, “publish” means to circulate, deliver, distribute, disseminate, transmit, or otherwise make available to another person.
Added by Laws 2023, c. 265, § 3, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.76. Material or performances harmful to minors - Prohibited acts.

No person, including but not limited to any persons having custody, control or supervision of any commercial establishment, shall knowingly:
1. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material. Provided, however, a person shall be deemed not to have "displayed" material harmful to minors if the material is kept behind devices commonly known as "blinder racks" so that the lower two-thirds (2/3) of the material is not exposed to view;
2. Sell, furnish, present, distribute, allow to view, or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors; or
3. Present to a minor or participate in presenting to a minor, with or without consideration, any performance which is harmful to a minor.
Added by Laws 1992, c. 7, § 2. Amended by Laws 1995, c. 66, § 2, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1040.77. Violations - Penalties.

Any person convicted of violating any provision of Section 1040.76 of this title shall be guilty of a misdemeanor and shall be fined a sum not exceeding Five Hundred Dollars ($500.00) for the first or second offense. Any person convicted of a third or subsequent violation of any provision of Section 1040.76 of this title shall be guilty of a misdemeanor and shall be fined a sum not exceeding One Thousand Dollars ($1,000.00). Each day that any violation of Section 1040.76 of this title occurs or continues shall constitute a separate offense and shall be punishable as a separate violation. Every act or transaction prohibited by Section 1040.76 of this title shall constitute a separate offense as to each item, issue or title involved and shall be punishable as such. For the purpose of this section, multiple copies of the same identical title, monthly issue, volume and number issue or other such identical material as prohibited by Section 1040.76 of this title shall constitute a single offense.
Added by Laws 1992, c. 7, § 3. Amended by Laws 1995, c. 66, § 3, eff. July 1, 1995; Laws 2001, c. 387, § 2, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1048. Storage or accumulation of wrecked or abandoned motor vehicle or part thereof within view of preexisting residence or adjoining property - Farm-related vehicles excepted.

No person, firm, partnership or corporation shall with malice or without valid business purpose store, accumulate, allow to accumulate, or allow to remain stored or accumulated after receipt of notice as is hereinafter provided, any wrecked or abandoned motor vehicle, or any recyclable or nonrecyclable hulk or part of a motor vehicle within view of any preexisting residence or adjoining property situated outside the territorial limits of any incorporated municipality. Any homeowner or adjoining property owner aggrieved by any violation of this section may order the removal of any motor vehicle, hulk or part stored in violation hereof upon thirty (30) days' written notice to the owner of the land where such motor vehicle, hulk or part is stored. Upon the failure of the offending party to comply with said order, the aggrieved party may obtain injunctive and mandamus relief for the removal of matter so stored or accumulated or for screening of the matter so stored or accumulated from view from the adjoining property from the district court of the county where the residence is situated and, further; shall be entitled to recover reasonable attorneys' fees, court costs and other reasonable expenses of bringing suit.
Provided, nothing within this section shall prohibit the accumulation or storage of farm-related vehicles upon any property currently used for agricultural or ranching-related purposes.
Added by Laws 1980, c. 273, § 18, emerg. eff. June 9, 1980. Amended by Laws 1993, c. 113, § 1, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1053. Preparing or drawing lottery - Punishment.

Any person who contrives, prepares, sets up, proposes or draws any lottery shall be guilty of a felony punishable by a fine equal to double the amount of the whole sum or value for which such lottery was made, and if such amount cannot be ascertained, then, by imprisonment in the State Penitentiary not exceeding two (2) years or by imprisonment in a county jail not exceeding one (1) year, or by a fine of Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment.
R.L. 1910, § 2472. Amended by Laws 1997, c. 133, § 282, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 185, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 282 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1054. Selling lottery tickets.

Every person who sells, gives or in any manner whatever furnishes or transfers to or for any other person, any ticket, chance, share or interest, or any paper, certificate or instrument, purporting or represented or understood to be or represent any ticket, chance, share or interest in or depending upon the event of any lottery, is guilty of a misdemeanor.
R.L.1910, § 2473.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1056. Advertising lotteries.

Every person who, by writing or printing, by circulars or letters, or in any other way advertises or publishes any account of any lottery stating when or where the same is to be or has been drawn, or what are the prizes or any of them therein, or the price of a ticket or of any share or interest or where it may be obtained, or in any way aiding or assisting the same, or adapted to induce persons to adventure therein, is guilty of a misdemeanor.
R.L.1910, § 2475.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1057. Offering property dependent on lottery.

Every person who offers for sale, distribution or disposition in any way, any real or personal property, or things in action, or any interest therein, to be determined by lot or chance, that shall be dependent upon the drawing of any lottery within or out of this state, and every person who sells, furnishes or procures, or causes to be sold, furnished or procured in any manner whatsoever, any chance or share, or any interest whatsoever in any property offered for sale, distribution or disposition in violation of this section, or any ticket or other evidence of any chance, share, or interest in such property, is guilty of a misdemeanor.
R.L.1910, § 2476.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1058. Lottery offices - Punishment.

Every person who opens, sets up or keeps, by himself, or by any other person or persons, any office or other place for registering the numbers of any ticket in any lottery or for making, receiving or registering any bets or wagers upon the drawing, determination or result of any lottery, is punishable by imprisonment in a county jail not exceeding one (1) year, or by a fine not exceeding One Thousand Dollars ($1,000.00).
R.L.1910, § 2477.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1059. Advertising lottery offices.

Every person who, by writing or printing by circulars or letters, or in any other way, advertises or publishes any account of the opening, setting up or keeping of any office or other place for either of the purposes prohibited by the last section, is guilty of a misdemeanor.
R.L.1910, § 2478.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1060. Insuring lottery tickets.

Every person who insures or receives any consideration for insuring for or against the drawing of any ticket, share, or interest in any lottery, or for or against the drawing of any number, or ticket, or number of any ticket in any lottery; and every person who receives any valuable consideration upon any agreement to pay any sum, or to deliver any property or thing in action in the event that any ticket, share, or interest in any lottery, or any number, or ticket, or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or not drawn on any particular day or in any particular order; and every person who promises, agrees, or offers to pay any sum of money or to deliver any property or thing in action, or to do, or forbear to do anything for the benefit of any other person, with or without consideration, upon any event whatever connected with any lottery, is guilty of a misdemeanor.
R.L.1910, § 2479.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1062. Property offered by lottery is forfeited.

All property offered for sale, distribution, or disposition, in violation of the provisions of this article, is forfeited to the people of this state, as well before as after the determination of the chance on which the same was dependent. And it is the duty of the respective district attorneys, to demand, sue for, and recover, in behalf of this state, all property so forfeited, and to cause the same to be sold when recovered, and to pay the proceeds of the sale of such property, and any monies that may be collected in any such suit, into the county treasury for the benefit of common schools.
R.L.1910, § 2481.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1064. Lotteries drawn out of the state.

The provisions of this article apply in respect to lotteries drawn or to be drawn out of this state, whether authorized or not by the laws of the state where they are drawn or to be drawn, in same manner as to lotteries drawn or to be drawn within this state.
R.L.1910, § 2483.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1065. Advertisements by person out of state.

The provisions of Sections 2475 and 2478 are applicable wherever the advertisement was published, or the letter or circular sent or delivered through or in this state, notwithstanding the person causing or procuring the same to be published, sent or delivered, was out of this state at the time of so doing.
R.L.1910, § 2484.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1066. Selling plan as lottery.

Every person who sets up, promotes or engages in any plan by which goods or anything of value is sold to a person, firm or corporation for a consideration and upon the further consideration that the purchaser agrees to secure one or more persons to participate in the plan by respectively making a similar purchase or purchases and in turn agreeing to secure one or more persons likewise to join in said plan, each purchaser being given the right to secure money, credits, goods or something of value, depending upon the number of persons joining in the plan, shall be held to have set up and promoted a lottery and shall be punished as provided in Section 1068 of this title.
Added by Laws 1957, p. 162, § 1, emerg. eff. June 1, 1957. Amended by Laws 1997, c. 133, § 283, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 283 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1067. Injunction.

The district court of the judicial district in which any such plan is proposed, operated or promoted may issue an injunction without bond, upon petition filed by the Attorney General, the district attorney of the county in which such plan is proposed, operated or promoted, or other interested individual, to enjoin the further operation of any such plan.
Laws 1957, p. 162, § 2.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1068. Penalty.

Any person violating the provisions of Section 1066 or 1067 of this title shall, upon conviction thereof, be guilty of a felony and be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment for a term not exceeding two (2) years in the State Penitentiary, or by both such fine and imprisonment.
Added by Laws 1957, p. 162, § 3, emerg. eff. June 1, 1957. Amended by Laws 1997, c. 133, § 284, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 186, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 284 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1072. Definitions.

As used in the Oklahoma Pyramid Promotional Scheme Act:
1. "Compensation" means payment of money, thing of value or financial benefit. Compensation does not include:
a.
payment to participants based upon sales of products purchased for actual use and consumption, or
b.
payment to participants under reasonable commercial terms;
2. "Consideration" means the payment of cash or purchase of goods, services or intangible property. Consideration does not include:
a.
purchase of products furnished at cost to be used in making sales and not for resale,
b.
purchase of products where the seller offers to repurchase the participant's products under reasonable commercial terms, or
c.
participant's time and effort in pursuit of sales or recruiting activities;
3. "Participant" means a person who contributes money into a pyramid promotional scheme;
4. "Person" means an individual, a corporation, a partnership or any association or unincorporated organization;
5. "Promote" means:
a.
to contrive, prepare, establish, plan, operate or advertise, or
b.
to induce or attempt to induce other persons to be a participant;
6. "Pyramid promotional scheme" means any plan or operation by which a participant gives consideration for the opportunity to receive compensation which is derived primarily from the person's introduction of other persons into the plan or operation rather than from the sale of goods, services or intangible property by the participant or other persons introduced into the plan or operation; and
7. "Reasonable commercial terms" includes repurchase by the seller, at the participant's request and upon termination of the business relationship or contract with the seller, of all unencumbered products purchased by the participant from the seller within the previous twelve (12) months which are unused and in commercially resalable condition. Repurchase by the seller shall be for not less than ninety percent (90%) of the actual amount paid by the participant to the seller of the products, less any consideration received by the participant for purchase of the products being returned. A product shall not be deemed nonresalable solely because the product is no longer marketed by the seller, unless it is clearly disclosed to the participant at the time of sale that the product is a seasonal, discontinued, or special promotion product, and not subject to the repurchase obligation.
Added by Laws 1995, c. 186, § 2, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1073. Promoting pyramid promotional scheme - Penalty.

Any person who promotes a pyramid promotional scheme shall be guilty of a felony and, upon conviction, shall be punishable by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment in the State Penitentiary for not more than ten (10) years, or by both such fine and imprisonment, for each violation of this act.
Added by Laws 1995, c. 186, § 3, eff. Nov. 1, 1995. Amended by Laws 1997, c. 133, § 285, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 187, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 285 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1074. Written assurance of discontinuance of violation - Acceptance by district attorney - Restitution.

A district attorney may accept a written assurance of discontinuance of any practice in violation of this act from the person that has engaged in the unlawful practice. The district attorney may require in the agreement that by a certain date, restitution will be made to any person that has been a victim of a violation of this act. A person is not required to accept restitution pursuant to an assurance, however, acceptance of restitution pursuant to the assurance will bar that person from seeking damages from the same defendant for the same violations of this act.
Added by Laws 1995, c. 186, § 4, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 21. Crimes and Punishments › §21-1075. Civil action.

Except as provided in Section 4 of this act, any participant in a pyramid promotional scheme may declare their transaction void and bring a civil action in a court of competent jurisdiction to recover the consideration paid. In such an action, the court, in addition to any judgment awarded, shall require the defendant to pay reasonable attorney fees and the costs of the action, less any money paid to the participant as profit in the pyramid promotional scheme.
Added by Laws 1995, c. 186, § 5, eff. Nov. 1, 1995.