Because society protects its most vulnerable citizens, all jurisdictions have laws on their books prohibiting the possession of child pornography. All Tahlequah, Oklahoma law enforcement officials treat this crime seriously. Here is what you need to know about how the law treats possession of child pornography in Oklahoma.
How Oklahoma Defines Child Pornography
In Oklahoma, child pornography is defined as any kind of visual depiction of a child under 18 years of age engaged in sex, sodomy, sadomasochism, or any sexual or lewd or provocative sexual act. This can be pictures, drawings, movies, or any other visual depiction. Explicit pictures of uncovered genitals, the buttocks or breasts of a minor, and all depictions of a child for the purpose of sexual stimulation of the viewer are strictly forbidden. Okla. Stat. tit. 21 § 1024.1
Creating, Selling, Distribution And Possession: All Are Crimes
In Oklahoma, it is against the law for anyone to buy, procure, or possess child pornography. Okla. Stat. tit. 21 § 1024.2
Likewise, any person who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography may be found guilty of a felony offense. Okla. Stat. tit. 21 § 1021.2
The crime is a felony in Tahlequah. You could spend up to 20 years in prison, pay a fine of up to $25,000, or both.
Elements of the Crime
All elements of the crime must be proven beyond a reasonable doubt for the prosecution to be able to secure a conviction. Here are the elements for possession of child pornography:
- buying, procuring, or possessing
- child pornography.
The elements make clear that the possession must be willful or knowing. The term “knowingly” as used in the statute means that the defendant knew the nature and character of the contents of the pornography.
It is not necessary that the defendant know the exact content or that the defendant read or saw the content of the material involved. OUJI-CR 4-135C
However, if the possession was inadvertent or unknowingly, you may have a defense.
When building a strong defense, even small facts can make a big difference. That is why discussing the facts of your case with an experienced Tahlequah attorney is crucial to preserving your freedom.
It is important to note that consent of the minor or the minor’s parents is not a legal defense to the crime. A minor is unable to give legal consent, and a parent’s consent for a child’s image to be used for pornography is itself a crime.
What Is Aggravated Possession Of Child Pornography?
The law also provided for enhanced penalties for a person who is convicted of aggravated possession of child pornography. You may be convicted of aggravated possession of child pornography if you have 100 or more separate materials depicting child pornography.
If this sounds like a lot, take the following into consideration. Multiple copies of the same identical material will be counted as separate items for purposes of this statute.
So, if you have 100 copies of only one piece of child pornography, you could face life in prison, a fine up to $10,000, or both. Okla. Stat. tit. 21 § 1040.12a
Finally, since these are sex crimes, if convicted, you must register as a sex offender once released from prison. This can haunt a defendant long after their prison time is completed.
Free Consultation: Tahlequah Criminal Defense Lawyer
Please contact a Tahlequah criminal defense lawyer to discuss your available legal options if you’ve been charged with possession of child pornography in Oklahoma.
For a free consultation, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
Or, if you prefer e-mail, you may enter a legal question in the form at the top right of this page and we’ll contact you by e-mail as soon as possible.