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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1982 By: Deevers
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Sections 1024.1, as last amended by
Section 4, Chapter 29, O.S.L. 2025, 1024.2, as last
amended by Section 51, Chapter 486, O.S.L. 2025, and
1040.8, as last amended by Section 72, Chapter 486,
O.S.L. 2025 (21 O.S. Supp. 2025, Sections 1024.1,
1024.2, and 1040.8), which relate to obscenity and
child sexual abuse material; updating statutory
reference; providing severability clause; authorizing
civil action; providing elements of certain award;
modifying elements of felony offense; creating felony
offenses; providing penalties; authorizing certain
relief; construing provision; modifying elements of
misdemeanor offense; updating statutory language;
requiring internet service providers to take certain
action; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, as
last amended by Section 4, Chapter 29, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1024.1), is amended to read as follows:
Section 1024.1. A. As used in Sections 1021, 1021.1 through
1021.4, Sections 1022, 1023, and Sections 1040.8 through 1040.24 of
this title, “child sexual abuse material” means:
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1. Any visual depiction of a child engaged in any act of
sexually explicit conduct;
2. Any visual depiction of a child that has been adapted,
altered, or modified so that the child depicted appears to be
engaged in any act of sexually explicit conduct; or
3. Any visual depiction that appears to be a child, regardless
of whether the image is a depiction of an actual child, a computer-
generated image, or an image altered to appear to be a child,
engaged in any act of sexually explicit conduct, and such visual
depiction is obscene.
B. Each visual depiction or individual image of child
pornography shall constitute a separate item and act.
C. As used in Sections 1021 through 1024.4 and Sections 1040.8
through 1040.24 of this title:
1. “Child” means a person under eighteen (18) years of age;
2. “Obscene” means any performance or depiction, in any form or
on any medium, if the material when taken as a whole:
a. appeals to the prurient interest in sex as determined
by the average person applying the contemporary
standards of their his or her community,
b. depicts, represents, or displays sexually explicit
conduct in a patently offensive way, and
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c. a reasonable person would find the material or
performance lacks serious literary, artistic,
educational, political, or scientific value;
3. “Performance” means any display, live, recorded, or
transmitted, in any form or medium;
4. “Sexually explicit conduct” means any of the following
whether actual or simulated:
a. acts of sexual intercourse,
b. acts of oral and anal sodomy,
c. acts of masturbation,
d. acts of sexual activity with an animal,
e. acts of sadomasochism including:
(1) flagellation or torture by or upon any person who
is nude or clad in undergarments or in a costume
which is of a revealing nature, or
(2) the condition of being fettered, bound, or
otherwise physically restrained on the part of
one who is nude or so clothed,
f. acts of excretion in a sexual context, or
g. exhibiting genitalia, breast, or pubic area for the
purpose of the sexual stimulation of the viewer;
5. “Explicit child sexual abuse material” means material which
a law enforcement officer can immediately identify as child sexual
abuse material; and
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6. “Unlawful pornography” means any visual depiction or
individual image stored or contained in any format on any medium
including, but not limited to, film, motion picture, videotape,
photograph, negative, undeveloped film, slide, photographic product,
reproduction of a photographic product, play, or performance in
which a person is engaged in any of the following acts with a
person:
a. sexual intercourse which is normal or perverted,
b. anal sodomy,
c. sexual activity with an animal,
d. sadomasochistic abuse,
e. flagellation or torture,
f. physical restraint such as binding or fettering in the
context of sexual conduct,
g. fellatio or cunnilingus,
h. excretion in the context of sexual conduct,
i. lewd exhibition of the uncovered genitals in the
context of masturbation or other sexual conduct, and
j. lewd exhibition of the uncovered genitals, buttocks,
or, if such person is female, the breast, for the
purpose of sexual stimulation of the viewer; and
7. “Visual depiction” means any depiction, picture, movie,
performance, or image displayed, stored, shared, or transmitted in
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any format and on any medium including data that is capable of being
converted into a depiction, picture, movie, performance, or image.
D. It is the intent of the Legislature that every provision,
section, subsection, sentence, clause, phrase, or word in the
definition of unlawful pornography is severable from each other,
such that if any of the listed items is found by a court to be
invalid or unconstitutional, the remaining items will be severed and
may not be affected. All constitutionally valid applications of
this section shall be severed from any application that a court
finds to be invalid, leaving the valid applications in force,
because it is the intent and priority of the Legislature that the
valid applications be allowed to stand alone. Even if a reviewing
court finds a provision of this section to be an unconstitutional
restraint in a large or substantial fraction of relevant cases, the
applications that do not present an unconstitutional restraint shall
be severed from the remaining applications and shall remain in
force, and shall be treated as if the Legislature had enacted a
statute limited to the person, group of persons, or circumstances
for which the application of the statute does not present an
unconstitutional restraint on protected speech. If any court
declares or finds a provision of this section facially
unconstitutional, when discrete applications of that provision can
be enforced against a persons, group of persons, or circumstances
without violating the United States Constitution and Oklahoma
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Constitution, those applications shall be severed from all remaining
applications of the provision, and the provision shall be
interpreted as if the Legislature had enacted a provision limited to
the person, group of persons, or circumstances for which the
provision’s application will not violate the United States
Constitution and Oklahoma Constitution.
E. The Legislature further declares that it would have enacted
this section, and each provision, subsection, sentence, clause,
phrase, or word, and all constitutional applications of this
section, irrespective of the fact that any provision, subsection,
sentence, clause, phrase, or word, or application of this section,
were to be declared unconstitutional or to represent an
unconstitutional restraint. If any provision of this section is
found by any court to be unconstitutionally vague, then the
applications of that provision that do not present constitutional
vagueness problems shall be severed and remain in force. No court
may decline to enforce the severability requirements of this section
on the grounds that severance would rewrite the statute or involve
the court in legislative or lawmaking activity.
F. Each of the items of unlawful pornography in paragraph 6 of
subsection C of this section are depictions of sexual conduct which
are patently offensive under contemporary community standards in
this state, and have as their dominant theme an appeal to prurient
interest in sex under contemporary community standards of this
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state, and may not be produced or distributed within the state if
they lack serious literary, artistic, educational, political, or
scientific purposes or value.
G. Any person, other than an officer or employee of a state or
local governmental entity in this state, may bring a civil action
against any person who:
1. Produces or distributes unlawful pornography that lacks
serious literary, artistic, educational, political, or scientific
purposes or value;
2. Knowingly engages in conduct that aids or abets the
production or distribution of unlawful pornography that lacks
serious literary, artistic, educational, political, or scientific
purposes or value; or
3. Intends to engage in the conduct provided for in paragraphs
1 and 2 of this subsection.
H. If a claimant prevails in an action brought under this
section, the court shall award:
1. Injunctive relief sufficient to prevent the defendant from
violating this section or engaging in acts that aid or abet
violations of this section;
2. Statutory damages not less than Ten Thousand Dollars
($10,000.00) for each image or depiction produced or distributed
within this state; and
3. Court costs and attorney fees.
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SECTION 2. AMENDATORY 21 O.S. 2021, Section 1024.2, as
last amended by Section 51, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1024.2), is amended to read as follows:
Section 1024.2. A. It shall be unlawful for any person to buy,
procure, view, traffic, or possess child sexual abuse material as
defined in violation of Sections Section 1024.1 through 1024.4 of
this title. Such
B. 1. A person who violates subsection A of this section
shall, upon conviction, be guilty of a Class B1 felony offense and
shall be punished by imprisonment for a period of not more less than
twenty (20) ten (10) years or nor more than thirty (30) years, and a
fine up to, but not exceeding, Twenty-five Thousand Dollars
($25,000.00) or by both such fine and imprisonment not to exceed Two
Hundred Fifty Thousand Dollars ($250,000.00). A person who receives
a second or subsequent conviction pursuant to this subsection shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than fifteen (15) years nor more than fifty
(50) years, and a fine not to exceed Three Hundred Thousand Dollars
($300,000.00).
2. For purposes of this section, “trafficking pornography”
means the production, sale, distribution, transportation, or
dissemination of pornography through any medium, including physical
or electronic means, for financial or material gain or with intent
to exploit.
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a. Trafficking of child sexual abuse material or unlawful
pornography conducted through organized operations
shall be punishable by imprisonment in the custody of
the Department of Corrections for a term not more than
forty (40) years nor less than fifteen (15) years, and
a fine not to exceed Five Hundred Thousand Dollars
($500,000.00).
b. Victims of trafficking offenses may recover statutory
damages not less than Fifty Thousand Dollars
($50,000.00) per occurrence, attorney fees, and
injunctive relief.
This section shall not be construed to prevent spouses from
sending images of a sexual nature to each other.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1040.8, as
last amended by Section 72, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 1040.8), is amended to read as follows:
Section 1040.8. 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, unlawful pornography, or
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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 as defined in 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 or unlawful pornography, 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
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
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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.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1040.8a of Title 21, unless
there is created a duplication in numbering, reads as follows:
Any internet service provider that provides internet access to
customers in this state shall implement filtering technology that
prevents any person from accessing child sexual abuse material,
obscene materials, or unlawful pornography as defined in Section
1024.1 of Title 21 of the Oklahoma Statutes.
SECTION 5. This act shall become effective November 1, 2026.
60-2-3485 CN 1/15/2026 9:24:49 AM