A 19 year old man was arrested and charged in May of 2021 with possession and distribution of child pornography.  He set up a series of hidden cameras around his parents’ home.  This includes bathrooms and other private rooms.  Using the cameras, the man filmed several children and distributed the photos.  Police found the man when he distributed content to an undercover computer.  If you are facing child pornography crimes, this article will explain the law and what punishment you may receive.

Oklahoma Statutes on Child Pornography

Federal Laws

“child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, 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, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or

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

This statute essentially says that having any images or videos that show a child—actual or simulated—engage in sexual acts is possession of child pornography.  Further, if you share this content with anyone else, you are also facing distribution charges.

State

“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)

State law is similar to the federal law.  This is because the laws have the same intent—to prosecute child exploitation.  As a result, whether you face state or federal charges, the penalties are extremely harsh.

ALSO FACING DOMESTIC ABUSE CHARGES? SEE OUR BLOG FOR MORE INFO.

Consequences of Child Pornography Convictions

Under state law, a simple possession of child pornography is subject to a maximum of 20 years in jail.  You will also face fines reaching upwards of $25,000.  On the other hand, an aggravated charge is much worse.  Possession charges become aggravated when you possess 100+ images or videos.  This increases penalties to a potential life sentence and fines of $10,000 per count.  Regardless of the charge you will have to register on the Oklahoma Sex Offender Registry.

Under federal law, the distribution charges are slightly different.  You may face 5 to 40 years in federal prison.  But, if you have any prior charges on sexual crimes, you must serve no less than 15 years.

Tulsa Sex Crime Lawyers

Child pornography charges in Oklahoma are serious.  So, do not hesitate to get legal representation if you face these charges.  Our attorneys understand the gravity of this charge and how to represent you.  Free consultation.