Oklahoma Has Zero Tolerance For Child Sex Offenders
The internet is one of mankind’s greatest achievements. Anyone with a connection now has easy access to information on just about any subject imaginable. From entertainment to academia, online interactions via the internet change the way in which humans live their day-to-day lives.
With all the great things the internet has allowed us to do, people still misuse it by uploading illegal content such as pirated software, copyrighted media, snuff films, and, worst of all, child pornography. Anyone caught in possession of child pornography in Oklahoma faces decades in federal prison.
No matter the circumstance, the act of willfully attempting to buy, obtain, procure, or download obscene or pornographic material featuring anyone below the age of 18 is illegal. If any of the actions performed in the material by or on the child is overtly sexual or meant to sexually stimulate those viewing, the material is considered obscene or child pornography.
What Counts As Possession of Child Pornography in Oklahoma?
Oklahoma has meticulously defined laws that describe what does and does not constitute child pornography. Material containing any performance or sexual conduct acted out by a minor is child pornography. Sexual conduct includes acts of oral or anal sodomy, masturbation, sadomasochistic abuse, bodily excretion, and exhibition of private parts.
Child pornography is distributed, procured, and stored in various ways. However, the method of procurement hardly matters. As long as the person accused harbors the legal content their entire livelihood is at risk. Any digital or physical medium that can contain child pornography is subject to Oklahoma law.
- motion picture,
- undeveloped film,
- photographic product,
- reproduction of a photographic product,
- or play.
Any child pornography electronically stored on physical or digital media can be repossessed and used against you. These digital or physical media formats are:
- optical, magnetic, or solid-state drive,
- or any other electronic format.
Okla. Stat. Tit. 21§ 1024.1
An important element of conviction for possession of child pornography in Oklahoma is that it must be “willful.” This element requires the prosecution to prove beyond a reasonable doubt that the defendant must have known or had some idea that the material was in fact child pornography. A criminal defense attorney in Oklahoma can make the case for this doubt. If you find yourself caught up in this case because you haphazardly clicked a link, contact an Oklahoma criminal defense lawyer for representation.
Possession of Child Pornography in Oklahoma – Penalties and Punishments
The cost of possession of child pornography is steep. If convicted you could face up to 10 years in prison, with no less than 30 days in jail. Fines for possession of child pornography range from $500 to $20,000. If the judge sees fit, you may receive both a prison sentence and a fine. Okla. Stat. Tit. 21 § 1024.2
Anyone possessing over 100 or more materials including child pornography may face aggravated possession of child pornography. The penalty for this can be life imprisonment and a fine of up to $10,000. Okla. Stat. Tit. 21 § 1040.12a
If you find yourself accused of this crime, you need immediate representation by a criminal defense lawyer in Oklahoma.
Life as a Sex Offender
Any conviction of possession of child pornography will result in the defendant becoming a sex offender. This means upon release, the defendant must register as a sex offender according to the Sex Offenders Registration Act of 2011. Registered sex offenders are prohibited from many workplaces and residential areas.
Every time sex offenders move homes, travel nationally, internationally, or travel to Indian territory, they must notify their neighbors, as well as the United States Department of Justice. Child sex offenders should expect substantial changes in their quality of life. Along with travel, work, and living restrictions, sex offenders may receive lifelong, unpleasant ridicule for their social status.
Free Consultation With a Criminal Defense Attorney in Muskogee
For all that it is worth, the internet is a powerful tool that can be used for both constructive and destructive ends. By clicking one malicious link, you could go to prison for decades. Be smart – call a criminal defense attorney in Muskogee for legal advice and assistance.
Call us at (918) 884-7774 to set up your free consultation. We also answer questions via our contact located on this page. One of our Oklahoma attorneys will get back to you as soon as possible.