Oklahoma Statutes

Okla. Stat. tit. 21, § 1040.8 (2026)

Publication, distribution, or participation in

✓ current as of July 2026

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preparation of obscene material or child sexual abuse material - Unsolicited mailings. A. No person shall knowingly photograph, act in, pose for, model for, print, sell, offer for sale, give away, exhibit, publish, offer to publish, or otherwise distribute, display, or exhibit any book, magazine, story, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, electronic video game or recording, image, cast, slide, figure, instrument, statue, drawing, presentation, or other article which is obscene material or child sexual abuse material, as defined in Section 1024.1 of this title. In the case of any unsolicited mailing of any of the material listed in this section, the offense is deemed complete from the time such material is deposited in any post office or delivered to any person with intent that it shall be forwarded. Also, unless preempted by federal law, no unsolicited mail which is harmful to minors pursuant to Section 1040.75 of this title shall be mailed to any person. The party mailing the materials specified in this section may be indicted and tried in any county wherein such material is deposited or delivered, or in which it is received by the person to whom it is addressed. B. Any person who violates any provision of this section involving obscene materials, upon conviction, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than one (1) year, or by a fine of not less than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment. C. Any person who violates any provision of this section involving child sexual abuse material, upon conviction, shall be guilty of a Class B2 felony offense and shall be punished by imprisonment in the custody of the Department of Corrections for not

less than three (3) years and not more than twenty (20) years, or by a fine of not less than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment. Any person convicted of a second or subsequent violation shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years and not more than thirty (30) years, or by a fine of not less than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment. The violator, upon conviction, shall be required to register as a sex offender under the Sex Offenders Registration Act. Added by Laws 1961, p. 230, § 1, emerg. eff. July 26, 1961. Amended by Laws 1970, c. 91, § 1, emerg. eff. March 27, 1970; Laws 1983, c. 5, § 1, emerg. eff. Feb. 23, 1983; Laws 2000, c. 208, § 12, eff. Nov. 1, 2000; Laws 2002, c. 107, § 1, eff. Nov. 1, 2002; Laws 2009, c. 457, § 3, eff. July 1, 2009; Laws 2014, c. 337, § 2, eff. Nov. 1, 2014; Laws 2024, c. 59, § 18, eff. Nov. 1, 2024; Laws 2025, c. 486, § 72, eff. Jan. 1, 2026.

Notes of Decisions

Cited in 7 cases, 1973–1979 · leading case: Hunt v. State, 601 P.2d 464 (Okla. Crim. App. 1979).

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Hunt v. State, 601 P.2d 464 (Okla. Crim. App. 1979). · cites it 3× “The appellant also bases an argument on the provisions of 21 O.S.1971, § 1040.8, a misdemeanor, which she says punishes the same conduct as, and was enacted after, Section 1040.”

McCrary v. State, 533 P.2d 629 (Okla. Crim. App. 1974). · cites it 3× “In regard to defendant’s assignments of error as originally argued, we note the arguments concerning improper venue, improper conduct of the trial court, the instructions on a lesser included offense under 21 O.S.1971, § 1040.8, and the propriety of prosecuting the defendant…”

Cherokee News & Arcade, Inc. v. State, 509 P.2d 917 (Okla. Crim. App. 1973). · cites it 2× “It would appear the offenses charged were violations of 21 O.S.1971 § 1040.8 and/or 21 O. S.1971 § 1040.”

State v. Conaughty, 561 P.2d 554 (Okla. Crim. App. 1977). · cites it 2× “Conaughty, herein called the defendant, was charged with exhibiting obscene movies, in violation of 21 O.S.1971, § 1040.8. The parties stipulated all facts presented in the case.”

Cherokee News & Arcade, Inc. v. State, 533 P.2d 624 (Okla. Crim. App. 1974). “13 is predicated upon the argument that the application of the statutes is not limited to distribution to juveniles, or unwilling, unsuspecting individuals, or un *627 der pandering circumstances. In its recent opinion of Kaplan v.”

McCrary v. State, 507 P.2d 924 (Okla. Crim. App. 1973). “, § 1021(3), under which the defendant was prosecuted and convicted, is void by reason of 21 O.S.Supp.1970, § 1040.8, that being the legislature’s last expression on the matter of obscenity.”

Melton v. State, 515 P.2d 239 (Okla. Crim. App. 1973). “Out of this transaction, the defendant was originally charged with a felony and upon the defendant’s motion, the Information was amended charging the offense under authority of 21 O.S.1971, § 1040.8, reducing the charge to a misdemeanor.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.