Section 1040.8 - Publication, distribution or participation in preparation of obscene material or child pornography - Unsolicited mailingsA. 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 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.Okla. Stat. tit. 21, § 1040.8
Amended by Laws 2024 , c. 59, s. 18, eff. 11/1/2024.Amended by Laws 2014 , c. 337, s. 2, eff. 11/1/2014.Amended by Laws 1983, HB 1035, c. 5, § 1, emerg. eff. 2/23/1983; Amended by Laws 2000 , HB 2104, c. 208, § 12, eff. 11/1/2000; Amended by Laws 2002 , HB 2195, c. 107, § 1, eff. 11/1/2002; Amended by Laws 2009 , SB 1020, c. 457, § 3, emerg. eff. 7/1/2009.