BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 


SECTION 1. AMENDATORY 21 O.S. 2021, Section 1021.2, is amended to read as follows:


Section 1021.2 A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or obscene material or who knowingly possesses, views, accesses, shares, streams, downloads, procures, sells, distributes, or manufactures, or causes to be possessed, viewed, accessed, shared, streamed, downloaded, procured, sold or, distributed, or manufactured any child pornography shall be guilty, upon conviction, be guilty of a felony and shall be punished by imprisonment in the custody of the Department of Corrections for not more than twenty (20) years and by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00). Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.


B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.


SECTION 2. AMENDATORY 21 O.S. 2021, 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 pornography" means:
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 computergenerated 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 said material when taken as a whole:
a. appeals to the prurient interest in sex as determined by the average person applying
the community standards of their community,
b. depicts, represents, or displays sexually explicit conduct in a patently offensive way, and
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 pornography" means material which a law enforcement officer can immediately identify as child pornography; and


6. "Visual depiction" means any depiction, picture, movie, performance, or image displayed, stored, shared, or transmitted in any format and on any medium including data that is capable of being converted into a depiction, picture, movie, performance, or image.


SECTION 3. AMENDATORY 21 O.S. 2021, Section 1040.12a, is amended to read as follows:
Section 1040.12a A. Any person who, with knowledge of its contents, possesses one hundred (100) or more separate visual depictions of child pornography shall, upon conviction, be 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 of 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; and
2. The terms "child pornography" and "visual depictions" mean the same definitions provided by Section 1024.1 of this title.


SECTION 4. This act shall become effective November 1, 2024