As the Internet has grown and thrived, so has child pornography. It has become increasingly available to be shared and downloaded online. As a result, states are cracking down on child pornography.
A conviction for a possession, viewing, or distribution of child pornography charge in Tulsa, Oklahoma is a felony.
A number of statutes in Oklahoma demand jail time for a child pornography charge in Tulsa. It will also ruin relationships and alter your life.
Once you have been branded as a sex offender, you must register as a sex offender. The path of your life will be forever changed.
Defining a Child Pornography Charge in Tulsa
Child pornography can be defined as pictures, videos, or any other materials with sexually explicit depictions of children under the age of 18. More specifically under the Oklahoma statute, child pornography includes depictions of a child engaged in any kind of sexual act with a person or animal.
It also includes acts of ejaculation, urination, or defecation in a sexual context, any act of masturbation, or the exhibition of the uncovered genitals, buttocks, or breasts of a minor, for the purpose of sexual stimulation of the viewer. It includes S&M and bondage as well. Okla. Stat. tit. 21 § 1024.1
It is illegal to buy, procure, or possess child pornography in Oklahoma. If you are caught in possession of a single image of child pornography, you could be subject to up to five years in prison and a fine of up to $5,000. Okla. Stat. tit. 21 § 1024.2
It is illegal to buy, procure, possess, distribute, display, sell, or offer to sell child pornography. The law allows for both a misdemeanor conviction for “obscene” materials and a felony conviction for “child pornography” materials. Okla. Stat. tit. 21 § 1040.8
If convicted for a possession of child pornography charge in Tulsa under this section, you could face up to 20 years in prison and a $10,000 fine for the first conviction and up to 30 years in prison and a $20,000 fine for a subsequent conviction.
Additional Considerations
Not all child pornography is created equal. Under Oklahoma law, it is illegal for a teenage boyfriend to have explicit pictures of his underage girlfriend that she “sexted” to him.
Sexting continues to proliferate. With the advent of platforms such as Snapchat, it has become easier for sexually active teens to exchange sexually explicit materials.
While we may not like the idea of teens engaging in this type of behavior, it seems a far cry from a 40-year-old man who carries explicit sexual pictures of a 12-year-old girl, or hundreds of such pictures, on his computer or other electronic device.
Penalties are Severe in Oklahoma
If convicted under section 1024.2, you could serve up to 20 years in prison and pay a fine of up to $25,000. In addition, a conviction under this statute is not eligible for a deferred sentence.
If you are caught with 100 or more pieces of child pornography, even if you have 100 copies of the same picture, you can be convicted of aggravated possession of child pornography. If convicted, you could serve life in prison and pay a fine of up to $10,000.
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know is facing a child pornography charge in Tulsa, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today by calling 918-756-9600.
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