Oklahoma Child Pornography Crimes are among of the most serious charges a person could face. In November of 2016, Guthrie police discovered hundreds of videos, a cell phone, and other digital items of child pornography in a 36 year old man’s home. These videos contained photos of underage boys anywhere from 2 to 12 years of age. Further, OSBI was able to procure the warrant because of
a tip that the man was using snapchat to distribute videos to other offenders. This is a common way people are caught for possession and distribution of child pornography. The advent of technology and the pace of advancement allow avenues to open for sharing and receiving child pornography. For example, the FBI estimates that at any point in time, around 50,000 people are trading and distributing child pornography. However, it also opens new ways to investigate and apprehend offenders. Child Pornography charges are extremely serious and carry heavy penalties.
Statutes and Laws Against Child Pornography
Federal Statutes
The Federal statute that defines child pornography is under 18 U.S.C. §2256(8). This states that child pornography is: “….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….”
The statute goes on to say that actual use of minors, or even depicted use of minors in sexually explicit conduct is illegal. So, transposing a child’s face on an of-age person or using animated forms of minors engaging in sexually explicit conduct are equally as illegal as using a real child. As a result, any use of a simulated or real child in any sexually explicit act counts as child pornography.
Oklahoma Child Pornography Crimes and Statutes
In Oklahoma, the statute is much like the federal laws already in place. It addresses any image(s) in any format on “… film, motion picture, videotape, photograph, negative, undeveloped film, slide, photographic product, reproduction of a photographic product…” or “…play[s] or performance[s] wherein a minor under the age of eighteen years is engaged in any [sexually explicit] act with a person…”. This is under 21 Okla. Stat. 1024.1(A). Therefore, even if you avoid charges on the federal level, you will likely face them on the state level. This basically says, if you receive charges of child pornography you are facing years of legal battles and reputational damage.
Consequences of a Oklahoma Child Pornography Crimes
Because there are federal and state statutes regarding child pornography charges, you may face charges under one or the other. If you are charged under Oklahoma statutes, then you are facing prison time and fines. Depending on the amount of child porn you are convicted of having, you can face a maximum of 20 years in prison. Further, this may include fines up to $25,000.
Over 100 depictions of child pornography though can mean a life sentence, as the state considers this “aggravated possession” of child pornography. Both aggravated and non-aggravated will require you to register on the state’s sex offender registration list.
If you face federal penalties though, you have different consequences. This generally comes with a minimum 5 year prison sentence. If the conviction also includes distribution, you then face a 40 year imprisonment.
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OKC Criminal Defense Representation That Counts
It is clear with the gravity of such charges,we highly recommend that you hire an attorney. Our attorneys have years of experience in criminal defense, and can help you present the best possible defense. Our first consultation is free.
