Child pornography. Children are among our most vulnerable population groups and we want to protect them. Therefore, crimes involving children always cause tempers to flare. Sometimes, the right person is arrested. Other times, the wrong person is arrested. If you are facing charges of possession of child pornography in Oklahoma, here is what you need to know.
What The Law Says About Possession Of Child Pornography In Oklahoma
Oklahoma has a number of laws covering child pornography and there is some overlap between them, giving prosecutors more leeway in how to charge possession of child pornography. This article will focus on those laws discussing possession. Sometimes, distribution is included in those statutes that discuss possession.
For example, Oklahoma law states that any person who obtains or causes a minor under the age of 18, to participate in child pornography or who knowingly possesses it or who procures, manufactures, or causes it to be sold or distributed, may be convicted of a felony in Stillwater.
Likewise, Oklahoma law prohibits procuring, buying, or possessing child pornography.
The penalty for both crimes is up to 20 years in prison, a fine of up to $25,000, or both. Okla. Stat. tit. 21 § 1021.2
And these sentences are not eligible for deferment. If you are sentenced, you will go to prison.
What Constitutes Child Pornography And Other Possible Defenses
The issue of what is pornographic and what is not has kept courts occupied for years. The statute itself attempts to bridge that gap to some extent. The law covers a lot of ground. Thus, it allows the prosecution to often avoid the issue of whether a depiction is obscene.
Oklahoma law expressly forbids depictions of a child engaged in any kind of sexual act with a person or animal. The law forbids depictions of acts of ejaculation, urination, bondage, or defecation in a sexual context. Also, depictions of children involved in any act of torture or restraint; any act of oral sex or masturbation; the exhibition of the uncovered genitals, buttocks, or breasts of a minor; and all depictions of a child for the purpose of sexual stimulation of the viewer are forbidden. Okla. Stat. tit. 21 § 1024.1
But what about art, and where is that line? The line is often subjective is open to some interpretation, and by extension, is a possible area of defense.
It is considered obscene if a reasonable person would find it offensive, if the average person would see the material as appealing to a person’s prurient sexual interests, and if the material lacks any real serious social or artistic or educational purpose.
In addition, the possession must be knowing. If someone else downloads pornography onto your computer without your knowledge, you may have a viable defense.
The prosecution must prove beyond a reasonable doubt that the defendant knew the nature and character of the contents of the property alleged to be pornographic. It is not necessary that the defendant knew the exact content or actually saw or read the material. OUJI-CR 4-135C
If you or a loved one are being charged, it is important to contact an experienced Stillwater criminal defense attorney. Your attorney can help you understand what options may be open to you. He or will help you construct your best defense.
Free Consultation With A Stillwater OK Attorney
Wirth Law Office – Stillwater is here to help you when you need it the most.
We offer a free consultation with an experienced Stillwater OK attorney to help you defend your legal rights. Don’t try to handle your legal matter by yourself.
Call 405-673-1600 for a free consultation or submit a question through this website.