material or child pornography - Solicitation of minors. A. Every person who willfully and knowingly either: 1. Lewdly exposes his or her person or genitals in any public place, or in any place where there are present other persons to be offended or annoyed thereby; provided, however, for purposes of this section, a person alleged to have committed an act of public urination shall be prosecuted pursuant to Section 22 of this title unless such act was accompanied with another act that violates paragraphs 2 through 4 of this subsection and shall not be subject to registration under the Sex Offenders Registration Act; 2. Procures, counsels, or assists any person to expose such person, or to make any other exhibition of such person to public view or to the view of any number of persons, for the purpose of sexual stimulation of the viewer; 3. Writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child sexual abuse material; or 4. Makes, prepares, cuts, sells, gives, loans, distributes, keeps for sale, or exhibits any disc record, metal, plastic, or wax, wire or tape recording, or any type of obscene material or child sexual abuse material, shall be guilty, upon conviction, of a Class B4 felony offense and shall be punished by the imposition of a fine of not less than Five Hundred Dollars ($500.00) nor more than Twenty Thousand Dollars ($20,000.00) or by imprisonment for not less than thirty (30) days nor more than ten (10) years, or by both such fine and imprisonment. B. Every person who: 1. Willfully solicits or aids a minor child to perform; or 2. Shows, exhibits, loans, or distributes to a minor child any obscene material or child sexual abuse material for the purpose of inducing said minor to participate in, any act specified in paragraphs 1, 2, 3 or 4 of subsection A of this section, shall be guilty of a Class A1 felony offense, upon conviction, and shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than thirty (30) years, except when the minor child is under twelve (12) years of age at the time the offense is committed, and in such case the
person shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than twenty- five (25) years. C. Persons convicted under this section shall not be eligible for a deferred sentence. D. 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 section 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. E. For purposes of this section, "downloading on a computer" means electronically transferring an electronic file from one computer or electronic media to another computer or electronic media. R.L.1910, § 2463. Amended by Laws 1935, p. 18, § 1; Laws 1951, p. 60, § 1; Laws 1961, p. 230, § 1, emerg. eff. July 26, 1961; Laws 1967, c. 111, § 1, emerg. eff. April 25, 1967; Laws 1978, c. 121, § 1; Laws 1984, c. 91, § 1, eff. Nov. 1, 1984; Laws 1996, c. 37, § 1, eff. Nov. 1, 1996; Laws 1997, c. 133, § 276, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 179, eff. July 1, 1999; Laws 2000, c. 208, § 1, eff. Nov. 1, 2000; Laws 2002, c. 20, § 1, emerg. eff. Feb. 28, 2002; Laws 2003, c. 308, § 1, emerg. eff. May 27, 2003; Laws 2007, c. 261, § 11, eff. Nov. 1, 2007; Laws 2008, c. 3, § 12, emerg. eff. Feb. 28, 2008; Laws 2011, c. 186, § 1, eff. Nov. 1, 2011; Laws 2024, c. 59, § 7, eff. Nov. 1, 2024; Laws 2025, c. 486, § 9, eff. Jan. 1, 2026. NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 276 from July 1, 1998, to July 1, 1999. NOTE: Laws 2007, c. 325, § 2 repealed by Laws 2008, c. 3, § 13, emerg. eff. Feb. 28, 2008.
Notes of Decisions
Cited in
61
cases (
8 in the last 5 years), 1954–2026 · leading case:
Holtzclaw v. State, 2019 OK CR 17 (Okla. Crim. App. 2019).
Holtzclaw v. State, 2019 OK CR 17 (Okla. Crim. App. 2019).
· cites it 12× “2011, §§ 1111, 1114 (Counts 11, 28, 29 and 32); and Rape in the Second Degree in violation of 21 O.”
Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994).
· cites it 2× “1985, § 1123); and Count IV, Exhibition of Pornography to a Minor/Solicitation of a Minor to Perform Obscene Acts (21 O.S.Supp. 1984, § 1021(B)). He received sentences of ten (10) years for Count I, one hundred (100) years for Count II, twenty (20) years for Count III, and…”
Trim v. State, 909 P.2d 841 (Okla. Crim. App. 1996).
· cites it 10× “However, 21 O.S.Supp. 1986, § 1021(A) provides criminal penalty for every person who willfully "sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, book, picture, photograph, motion picture, figure, or form of any description.”
Glenn v. State, 749 P.2d 121 (Okla. Crim. App. 1988).
· cites it 6× “91, now 21 O.S.Supp. 1986, § 1021. That statute prohibits the exhibition of any obscene or indecent materials.”
State Ex Rel. Field v. Hess, 540 P.2d 1165 (Okla. 1975).
· cites it 6× “The book, the four picture magazines, and the film are alleged to be obscene with the sale and showing of that obscene material in violation of 21 O.S.1971 § 1021 et seq. On hearing before the trial judge, material facts as to the sale and viewing at the book store were…”
Outmezguine v. State, 641 A.2d 870 (Md. 1994).
· cites it 2× “12 (West 1993) (provides a knowledge requirement, but seemingly applies to knowledge that the act is being photographed or filmed); Okla. Stat. Ann. tit. 21, §§ 1021 , 1021.”
Martin v. State, 674 P.2d 37 (Okla. Crim. App. 1983).
· cites it 3× “Appellant was charged under 21 O.S.1981, § 1021, which reads in pertinent part: Every person who willfully either: (1) Lewdly exposes his person, or private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed…”
Brown v. State, 2008 OK CR 3 (Okla. Crim. App. 2008).
· cites it 2× “The Judgment and Sentence states that Brown was convicted for violating 21 O.S.2001, § 1021. The information and jury instructions clearly show, however, that he was charged and convicted for violating 21 O.”
Hanf v. State, 560 P.2d 207 (Okla. Crim. App. 1977).
· cites it 2× “Our prospective holding merely adds a clarifying gloss that makes Section 1040.”
McCrary v. State, 533 P.2d 629 (Okla. Crim. App. 1974).
· cites it 3× “In the instant case the trial court instructed the jury in the exact language of 21 O.S.1971, § 1021(3), and in so doing, instructed the jury that the prohibited acts must be wilfully committed.”
Osburn v. Oklahoma Dep't of Corr., 313 P.3d 926 (Okla. 2013).
· cites it 3× “FACTS AND PROCEDURAL HISTORY ' 1 On or about, August 18, 1997, Appellee, Keith Allen Osburn (hereinafter, "Osburn") was charged with one felony count of indecent exposure in violation of 21 O.S., § 1021(A)(1) (CF 97-262; Kay County, Oklahoma).”
Miller v. State, 827 P.2d 875 (Okla. Crim. App. 1992).
“1981, § 1081); and Indecent Exposure (21 O.S.1981, § 1021) in Comanche County District Court, Case No.”
— Okla. Stat. tit. 21, § 1021(1) — 3 cases
— Okla. Stat. tit. 21, § 1021(2) — 1 case
— Okla. Stat. tit. 21, § 1021(3) — 6 cases
Hanf v. State, 560 P.2d 207 (Okla. Crim. App. 1977).
“Our prospective holding merely adds a clarifying gloss that makes Section 1040.”
McCrary v. State, 533 P.2d 629 (Okla. Crim. App. 1974).
“In the instant case the trial court instructed the jury in the exact language of 21 O.S.1971, § 1021(3), and in so doing, instructed the jury that the prohibited acts must be wilfully committed.”
State Ex Rel. Field v. Hess, 540 P.2d 1165 (Okla. 1975).
“The book, the four picture magazines, and the film are alleged to be obscene with the sale and showing of that obscene material in violation of 21 O.S.1971 § 1021 et seq. On hearing before the trial judge, material facts as to the sale and viewing at the book store were…”
— Okla. Stat. tit. 21, § 1021(4) — 1 case
— Okla. Stat. tit. 21, § 1021(A) — 4 cases
Glenn v. State, 749 P.2d 121 (Okla. Crim. App. 1988).
“91, now 21 O.S.Supp. 1986, § 1021. That statute prohibits the exhibition of any obscene or indecent materials.”
Trim v. State, 909 P.2d 841 (Okla. Crim. App. 1996).
“However, 21 O.S.Supp. 1986, § 1021(A) provides criminal penalty for every person who willfully "sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, book, picture, photograph, motion picture, figure, or form of any description.”
— Okla. Stat. tit. 21, § 1021(A)(1) — 7 cases
Osburn v. Oklahoma Dep't of Corr., 313 P.3d 926 (Okla. 2013).
“FACTS AND PROCEDURAL HISTORY ' 1 On or about, August 18, 1997, Appellee, Keith Allen Osburn (hereinafter, "Osburn") was charged with one felony count of indecent exposure in violation of 21 O.S., § 1021(A)(1) (CF 97-262; Kay County, Oklahoma).”
— Okla. Stat. tit. 21, § 1021(A)(2) — 1 case
Holtzclaw v. State, 2019 OK CR 17 (Okla. Crim. App. 2019).
“2011, §§ 1111, 1114 (Counts 11, 28, 29 and 32); and Rape in the Second Degree in violation of 21 O.”
— Okla. Stat. tit. 21, § 1021(A)(3) — 2 cases
Trim v. State, 909 P.2d 841 (Okla. Crim. App. 1996).
“However, 21 O.S.Supp. 1986, § 1021(A) provides criminal penalty for every person who willfully "sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, book, picture, photograph, motion picture, figure, or form of any description.”
— Okla. Stat. tit. 21, § 1021(B) — 3 cases
Simpson v. State, 876 P.2d 690 (Okla. Crim. App. 1994).
“1985, § 1123); and Count IV, Exhibition of Pornography to a Minor/Solicitation of a Minor to Perform Obscene Acts (21 O.S.Supp. 1984, § 1021(B)). He received sentences of ten (10) years for Count I, one hundred (100) years for Count II, twenty (20) years for Count III, and…”
— Okla. Stat. tit. 21, § 1021(B)(2) — 1 case
— Okla. Stat. tit. 21, § 1021(a)(1) — 1 case
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