Laws Pertaining to Sexting in the State of Oklahoma

Recently, a bill was proposed in the Oklahoma legislature Oklahomathat would make it a misdemeanor for any minor to send or receive a sexually explicit image of a minor by way of text messaging. However, the bill has only been proposed and until this bill or another similar bill is made law, anyone, including a minor, who creates, distributes or possesses an image of minor engaged in a sexually explicit act may be prosecuted under the State’s child pornography laws and if convicted, will generally receive jail time and will need to register as a sex offender.

Legislative Summary

Oklahoma lawmakers have been trying to get a bill passed that would reduce the sentence for minors caught sexting each other sexually explicit images. In general under the proposed bill, teens under the age of 18 or an adult over the age of 18 who is in a relationship with a minor over the age of 14 who get caught texting each other sexually explicit images would be guilty of a misdemeanor but could face up to 6 months in jail and a fine for such offense. If the individual were to commit a second offense the punishment would be double but still would be classified as a misdemeanor. A third offense would result in a felony and up to 18 months in jail. The individual would not have to register as a sex offender if convicted.

Until the bill becomes law, minors who are caught creating, distributing or possessing explicit images of a minor engaged in sexually explicit activities can be prosecuted under the State’s child pornography laws.

Law and Punishment

In general, under Oklahoma child pornography laws it is a felony to:

  • Buy, procure or possess child pornography.
    • A conviction for possession of child pornography will be guilty of a felony and shall be imprisoned for a period of not more than 5 years or a fine up to, but not exceeding, $ 5,000.00 or by both such fine and imprisonment.
  • Knowingly photograph, act in, pose for, model for, print, sell, offer for sale, give away, exhibit, publish, offer to publish, or otherwise distribute, display, or exhibit any child pornography material.
    • A conviction for distributing child pornography could result in up to 20 years in jail and a fine and the offender shall be required to register as a sex offender.
  • Procure or cause the participation of any minor under the age of 18 in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography. A conviction under this provision is a felony and the offender could receive up to 20 years in prison and a fine.

sobering reality

Up to 20 years in jail.

Felony conviction.

Up to a $5,000 fine.

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