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.

How We Can Help

When you’re charged with a sex crime, your reputation, your freedom, and your future are at risk. You can’t afford to gamble with an ineffective criminal defense attorney, which is why you need to contact the Berlin Law Firm as soon as possible.

Before I became a criminal defense attorney focusing on representing clients accused of sex crimes and offenses, I worked as a prosecutor. I understand how they charge and prosecute cases, the kinds of theories and evidence they'll present, and what witnesses they'll put on the stand—and I’m committed to putting this insider knowledge to work for you.

Consider the case of my client D.B. The evidence against him was strong, but after extensive case development and theory testing, I discovered a number of critical flaws in the State’s case that could either result in the search warrant being suppressed or the state failing to make its case at the preliminary hearing. As a result, my client had his child pornography charges suspended.

Lee Berlin
Dedicated to defending clients accused of domestic violence, sex & violent crimes throughout eastern Oklahoma.