An Oklahoma man was arrested on a complaint of possession of child pornography after a tip from the National Center for Missing and Exploited Children led state investigators to him.
Mark Bailey, 43, of Seiling was arrested early this week after police received a tip that children were possibly being sexually abused at his home. The possible abuse was associated with an internet address at Bailey's Seiling home.
Investigators found no children in the home and no indication of sexual abuse occurring there; however, when serving a warrant, they allegedly found pornographic images of children on a computer and arrested Bailey for possession of child pornography and violation of the Oklahoma Computer Crimes Act.
He was booked into the Dewey County jail.
Police also arrested Bailey's wife, Heather Bailey, on an outstanding warrant from Major County for failure to appear related to an omission to provide for a minor child charge.
Oklahoma child pornography charges are serious felony charges. If convicted of possession of child pornography in Oklahoma, a person is subject to up to ten years in prison:
Every person who willfully and knowingly . . . downloads on a computer . . . any obscene material or child pornography . . . shall be guilty, upon conviction, of a felony 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. (21 O.S. § 1021)
Violating the Oklahoma Computer Crimes Act is an additional charge, and any penalties of conviction are in addition to those associated with the underlying crime or crimes. Typically, the Oklahoma Computer Crimes Act deals with actions such as hacking or illegally accessing a computer or network. However, there is a provision that prohibits the use of a computer or computer network in committing any state crime:
No person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate any of the provisions of the Oklahoma Statutes. Any person convicted of violating the provisions of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not more than five (5) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. (21 O.S. § 1958)
This statute makes additional penalties possible for using computer or internet technology to facilitate a crime. Solicitation of a minor is subject to serious penalties, but soliciting minors online means that an additional 5 years and $5,000 can be added to the sentence for violating the Oklahoma Computer Crimes Act. Possession of child pornography is a felony punishable by significant penalties, but if the pornographic images are stored on a computer or computer storage device, §1958 allows for additional penalties for violating the Act.
For those accused of computer sex crimes and violating the Oklahoma Computer Crimes Act, quality defense representation is critical for a favorable and just outcome. If you need an internet sex crime lawyer in Oklahoma, visit the criminal defense website of attorney Ryan Coventon to submit a free case review form, or call (405) 417-3842 to schedule your confidential consultation.
