Every person who, with knowledge of its contents, sends, brings, or causes to be sent or brought into this state for sale or commercial distribution, or in this state prepares, sells, exhibits, commercially distributes, gives away, offers to give away, or has in his or her possession with intent to sell, to commercially distribute, to exhibit, to give away, or to offer to give away any
obscene material or child sexual abuse material or gives information stating when, where, how, or from whom, or by what means obscene material or child sexual abuse material can be purchased or obtained, upon conviction, is guilty of a Class B4 felony offense and shall be punished by imprisonment for not more than ten (10) years in prison or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine. Added by Laws 1968, c. 121, § 3, emerg. eff. April 4, 1968. Amended by Laws 1983, c. 5, § 2, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, § 14, eff. Nov. 1, 2000; Laws 2024, c. 59, § 21, eff. Nov. 1, 2024; Laws 2025, c. 486, § 111, eff. Jan. 1, 2026.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1973–2021 · leading case:
Arganbright v. State, 2014 OK CR 5 (Okla. Crim. App. 2014).
Arganbright v. State, 2014 OK CR 5 (Okla. Crim. App. 2014).
“2013, § 1029(B)); and the commercial distribution of child pornography (21 O.S.2011, § 1040.13). These are other well-known prohibitions intended to prevent the sexual exploitation of minors.”
Cherokee News & Arcade, Inc. v. State, 509 P.2d 917 (Okla. Crim. App. 1973).
“” The charge herein also states a violation of 21 O.S.1971 § 1040.13, which provides in relevant part that “Every person who, with knowledge of its contents, .”
McCrary v. State, 507 P.2d 924 (Okla. Crim. App. 1973).
“496, upheld the constitutionality of 21 O.S., § 1040.13, which is an obscenity statute dealing with substantially the same subject matter as 21 O.”
Doe v. Coomes (N.D. Okla. 2021).
· cites it 2× “invasion of privacy by receiving and reviewing the photographs of Plaintiff shown by Coomes with prurient interest and without prior authorization from Plaintiff, in violation of 21 O.S. §1040.13(b), against Mitchell, McLeod and Franklin.”
Arganbright v. State, 2014 OK CR 5 (Okla. Crim. App. 2014).
“2013, § 1029(B)); and the commercial distribution of child pornography (21 O.S.2011, § 1040.13). These are other well-known prohibitions intended to prevent the sexual exploitation of minors.”
— Okla. Stat. tit. 21, § 1040.13(b) — 1 case
Doe v. Coomes (N.D. Okla. 2021).
“invasion of privacy by receiving and reviewing the photographs of Plaintiff shown by Coomes with prurient interest and without prior authorization from Plaintiff, in violation of 21 O.S. §1040.13(b), against Mitchell, McLeod and Franklin.”
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treatment. Dots show Syfertize treatment of the citing case itself.