Child pornography charges carry very serious punishment if you are convicted of the crime. With the advent of technology and the ability of people increasingly able to use it, child pornography rates exponentially grow.  Over 17 million videos and photos of children in pornographic settings are estimated online.  This number is constantly increasing according to FBI statistics and has more than tripled in the last decade.  Child pornography is a charge that, even if bogus, does not go away easily.  The following explains child pornography laws in Oklahoma and what punishment you face if convicted.

Oklahoma Child Pornography Laws

Federal Statute involving Sex Crimes

 “child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture,… of sexually explicit conduct, where—

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;

(B) such visual depiction is, or appears to be, of a minor engaging in sexually explicit conduct;

(C) such visual depiction has been created,…to appear that an identifiable minor is engaging in sexually explicit conduct; or

(D) such visual depiction is….presented,….or distributed in such a manner that conveys the impression that the material is….a minor engaging in sexually explicit conduct”—18 U.S.C. §2256(8)

This is a federal law for when child pornography crosses state lines through electronic means.  Further, if the videoing or the act of pornography takes place across state borders or internationally, then this law applies too.

Oklahoma Criminal Statutes

“child pornography means and includes any visual depiction or individual image stored or contained in any format on any medium including, but not limited to, film, motion picture, videotape, photograph, negative, undeveloped film, slide, photographic product, reproduction of a photographic product, play or performance wherein a minor under the age of eighteen years is engaged in any act with a person…”—21 Okl.St.Ann. 1024.1(A)

The state of Oklahoma follows in line with the Federal statutes.  So having any depiction of a child—whether animation or not—is illegal and “child pornography”.   Further, Oklahoma generally couples any child pornography charges with the Computer Crimes Act.  This tacks on more legal punishments and fines.

Other Related Criminal Defense Articles. Peeping Tom Charges 

Child Pornography—Criminal Punishment 

While there are obvious social consequences to even being accused of child pornography (i.e. representational loss, possible divorce, custody battle losses), the criminal punishments are just as severe.  You will face up to 20 years in jail.  You will likely also have fines.  These may reach up to $25,000.

If you possess over 100 images of children in sexually explicit situations, then you will face aggravated child pornography charges.  These consequences subject you to a potential life sentence with accompanying fines.  You must also sign-up on the Oklahoma Sex Offender Registry.

Finally, if you have prior sexual offenses you will face harsher charges.  Oftentimes, you will have a minimum sentence of 15 years imprisonment along with the other punishments above.  All child pornography convictions are felonies.

Local Wagoner Attorneys Can Help You

Our attorneys understand that child pornography accusations may often be a weapon in other legal proceedings.  Further, sometimes mistakes happen.  For these there are some opportunities for an affirmative defense.  If you find yourself facing child pornography charges, give our offices a call.  Our first consultation is free. Call us in Wagoner County at 918.283.7394 or read or attorney blog in Oklahoma for more information