A possession of child pornography charge in Tulsa, Oklahoma is a felony. A new state law went into effect in 2015, which significantly increased fines and jail time for mere possession of child pornography.
It is against the law in Tulsa for any person to buy, procure or possess child pornography. It is also against the law to knowingly, sell, offer for sale, give away, exhibit, publish, offer to publish, or otherwise distribute, display, or exhibit child pornography. Okla. Stat. tit. 21 § 1040.8
Possession can also create a presumption under the law that the child pornography was for sale or commercial distribution, which is a separate and more serious charge. A conviction for commercial distribution of child pornography is also a felony with severe consequences including lengthy jail time, large fines, and the duty to register as a sex offender in Oklahoma. Being marked as a sex offender can have serious implications on one’s daily life.
FAQ: Child Pornography Charge in Tulsa
Child pornography includes any visual depiction or individual image stored or contained in any format on any medium including, but not limited to, digital and computerized images, 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 18 is engaged any act of sexual activity or any lewd exhibition of the uncovered genitals that has the purpose of sexual stimulation of the viewer. Child pornography includes sexual conduct, sexual excitement, sadomasochistic abuse, and performance of material harmful to minors where a minor is present or depicted.
Possessing multiple copies of child pornography can lead to charges for the separate and more serious crimes of the sale and distribution of child pornography or aggregated possession. Each visual depiction or individual image shall constitute a separate item and multiple copies of the same identical material shall each be counted as a separate item. Okla. Stat. tit. 21 § 1024.1
The possession of two or more of any single article of child pornography, or the possession of a combined total of any five articles of child pornography shall create a presumption that they are intended for sale or commercial distribution. Okla. Stat. tit. 21 § 1040.24
Any person who possesses one hundred or more separate materials depicting child pornography, with knowledge of its contents, can be convicted of the separate charge of aggravated possession of child pornography.
Proving Possession of Child Pornography
In order to prove a possession of child pornography charge in Tulsa, the prosecutor must prove that the defendant:
- willfully
- possessed, bought, or procured
- child pornography.
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Knowledge as to the contents is also essential to a possession conviction. However, it is not necessary that defendant knew the exact content or actually saw or read the child pornography. It is enough that the defendant knew the nature and character of the contents. Okla. Stat. tit. 21 § 1024.2
Penalties for Possession of Child Pornography
Anyone convicted of a possession of child pornography charge in Tulsa is guilty of a felony crime. The offense is punishable by up to 20 years in prison, a fine of up to $25,000, or both.
Sale or distribution of child pornography is also a felony and shall be punishable by 3 to 20 years in prison, a fine of $10,000, or both. Any person convicted of a subsequent violation shall be punished by 10 to 30 years in prison, a fine of $20,000, or both. He or she also will be required to register as a sex offender in Oklahoma under the Sex Offenders Registration Act. Okla. Stat. tit. 21 § 1040.8
Aggravated possession of child pornography is a felony punishable by up to life in prison and a fine of up to $10,000. In addition, the defendant shall be required to register as a sex offender in Oklahoma under the Sex Offenders Registration Act. Okla. Stat. tit. 21 § 1040.12
Initial Consultation: Tulsa Criminal Defense Attorney
If you or someone you know is faced with the charge of possession of child pornography in Tulsa, please contact a Tulsa criminal defense attorney to discuss your available legal options.
To consult with an experienced attorney at Wirth Law Office – Tulsa, call 918-756-9600 or toll free at 1-888-447-7262 (Wirth Law) today.
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