Charged With Procuring or Causing Minors to Participate in Obscene Material in Oklahoma

Charges for procuring or causing the participation of a minor in child pornography can turn your world upside down. One minute, you’re a successful businessman and respected community member. The next, you’re looking at the very real possibility of spending decades behind bars.

Don’t gamble with your future. You need an experienced Tulsa sex crimes attorney, who will fight to provide the best possible outcome for your case. You need the Berlin Law Firm.

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How Oklahoma Law Defines Child Pornography

Child pornography involves minors under age 18 involved in any form of sexual activity, including sexual intercourse, oral sex, anal sodomy, sexual activity with animals, or masturbation.

The exhibition of uncovered genitals, buttocks, or the breast of a minor female qualifies as child pornography as when the purpose is to sexually stimulate the viewer.

Most people think of child pornography as involving photos or videos shared online, but this term can encompass a wide of mediums, including:

Motion pictures
Videotapes
Negatives
Undeveloped film
Slides
Photographic products
Reproductions of photographic products
Live stage play or performance

Each visual depiction or individual image is considered a separate item. If multiple copies of the same pornographic material exist, they are counted as separate items.

What Oklahoma Law Says About Procuring or Causing the Participation of Minors in Pornography

Title 21, Section 1021.2 of the Oklahoma Crimes and Punishments statute addresses the following violations:

Procuring or causing the participation of a minor in child pornography. This includes enticing, coercing, or forcing a minor under the age of 18 to engage in any sexually explicit conduct for the purpose of creating child pornography. It involves actively involving the minor in the production or creation of such materials.
Knowingly possessing, procuring, or manufacturing child pornography. This refers to knowingly acquiring, obtaining, possessing, or creating any material that depicts a minor engaged in sexually explicit conduct. It includes physical materials, such as photographs or videos, as well as digital files or electronic media.
Causing the sale or distribution of child pornography. This involves knowingly promoting, facilitating, or causing the sale, exchange, or distribution of child pornography, regardless of whether the person directly participated in its creation.

It's important to note that the statute explicitly states that the consent of the underage victim or their guardian does not constitute a valid legal defense.

Title 21. Crimes and Punishments §21-1021.2. Minors – Procuring for participation in pornography.

A. Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment.

B. The consent of the minor, or of the mother, father, legal guardian, or custodian of the minor to the activity prohibited by this section shall not constitute a defense.

Penalties for This Type of Child Pornography Conviction

The penalties for procuring or causing the participation of a minor in child pornography are substantial. A conviction can result in imprisonment for up to 20 years, a fine of $25,000, or both a fine and imprisonment. A deferred sentence is not an option for this type of criminal charge.

Additionally, anyone convicted of this type of sex crime must register as a sex offender under the Oklahoma Sex Offender Registry Act. Procuring or causing the participation of a minor in child pornography is considered a level two sex crime, which means an offender will be required to register for a total of 25 years with address verification every six months.