CHILD PORNOGRAPHY DEFENSE
Oklahoma Child Sexual Abuse Material (CSAM) Defense Lawyer
Being investigated or charged with possessing, viewing, downloading, sharing, distributing, or producing child sexual abuse material can have immediate and serious consequences. Even before a criminal case is resolved, an accusation can affect a person's reputation, employment, family relationships, and future.
Oklahoma law refers to this material as child sexual abuse material (CSAM), a term that has largely replaced the older statutory terminology of “child pornography.” Depending on the conduct alleged, a person may face prosecution under Oklahoma law, federal law, or both.
A conviction can result in imprisonment, substantial fines, post-imprisonment supervision, and registration under the Oklahoma Sex Offenders Registration Act. Because electronic evidence frequently plays a central role in these cases, early involvement by an experienced Oklahoma criminal defense attorney can also be important in evaluating search warrants, forensic examinations, account records, device ownership, and whether the evidence establishes knowing possession or other prohibited conduct.
Oklahoma Child Sexual Abuse Material Laws
Several provisions of Title 21 of the Oklahoma Statutes address child sexual abuse material.
Under 21 O.S. § 1024.1, a “child” is a person under eighteen years of age. The statute defines child sexual abuse material to include certain visual depictions of a child engaged in sexually explicit conduct. Oklahoma law also addresses visual depictions that have been altered or modified to make a child appear to be engaged in sexually explicit conduct, as well as certain obscene depictions that appear to involve a child even when the image is computer-generated or altered.
“Sexually explicit conduct” includes conduct such as sexual intercourse, oral or anal sodomy, masturbation, sexual activity involving an animal, specified sadomasochistic conduct, sexual-context excretion, and certain exhibitions of genitalia, breasts, or the pubic area for sexual stimulation of the viewer.
The law applies to visual depictions stored, displayed, shared, or transmitted in virtually any format or medium, including digital files on computers, phones, tablets, storage devices, online accounts, and other electronic systems.
Importantly, Oklahoma law generally treats each visual depiction or individual image as a separate item and act. As a result, the number of files allegedly involved can significantly affect the charges and potential consequences.
Possession of Child Sexual Abuse Material in Oklahoma
Under 21 O.S. § 1024.2, buying, procuring, or possessing child sexual abuse material is a Class B1 felony offense.
A conviction under this section is punishable by:
- imprisonment for up to 20 years;
- a fine of up to $25,000; or
- both imprisonment and a fine.
The State must prove the elements of the charged offense beyond a reasonable doubt. In a digital-evidence case, important questions may include who owned or controlled a device or account, whether files were knowingly acquired or possessed, whether another person had access to the device, how files were stored or downloaded, and what forensic evidence connects the accused to the material.
Possessing, Viewing, Downloading, Sharing, or Distributing CSAM
Oklahoma's 21 O.S. § 1021.2 is broader and applies to a number of activities involving child sexual abuse material.
The statute prohibits knowingly possessing, viewing, accessing, sharing, streaming, downloading, procuring, selling, distributing, or manufacturing child sexual abuse material, as well as causing such material to be possessed, viewed, accessed, shared, streamed, downloaded, procured, sold, distributed, or manufactured. It also prohibits procuring or causing a minor under eighteen to participate in child sexual abuse material or obscene material.
A violation of § 1021.2 is a Class B1 felony punishable by up to 20 years in the custody of the Oklahoma Department of Corrections and a fine of up to $25,000.
A person convicted under § 1021.2 is not eligible for a deferred sentence. Oklahoma law also provides for post-imprisonment supervision in qualifying cases involving a sentence of imprisonment of two years or more.
The statute further provides that the consent of the minor, parent, guardian, or custodian does not constitute a defense to conduct prohibited by § 1021.2.
Aggravated Possession of Child Sexual Abuse Material
Oklahoma provides substantially greater potential punishment when a person knowingly possesses 100 or more separate visual depictions of child sexual abuse material.
Under 21 O.S. § 1040.12a, aggravated possession of child sexual abuse material is a Class A2 felony offense.
A conviction is punishable by:
- imprisonment for a term of up to life; and
- a fine of up to $10,000.
A conviction also requires registration under the Oklahoma Sex Offenders Registration Act.
For purposes of the 100-image threshold, multiple copies of identical material may each be counted separately.
Sexting and Images Involving Minors
The fact that Oklahoma law may permit certain consensual sexual activity involving older teenagers does not mean that sexually explicit images of a person under eighteen are lawful to possess or distribute.
For purposes of Oklahoma's child sexual abuse material statutes, a “child” is generally defined as a person under eighteen years of age.
Oklahoma also has specific provisions addressing the electronic transmission of obscene material or child sexual abuse material involving juveniles. Depending on the ages of the people involved and the circumstances of the transmission, juvenile procedures or other criminal statutes may apply.
Because the applicable law depends heavily on the ages of the individuals, who created or transmitted the image, whether it was solicited, whether it was redistributed, and other facts, sexting cases require an individualized legal analysis.
Downloading or Sharing CSAM Using a Computer
Digital CSAM investigations commonly involve computers, smartphones, cloud-storage accounts, social-media platforms, messaging applications, peer-to-peer networks, or other internet services.
In addition to a CSAM offense, prosecutors may allege a violation of 21 O.S. § 1958, part of the Oklahoma Computer Crimes Act. That statute prohibits communicating with, storing data in, or retrieving data from a computer system or network for the purpose of using that access to violate Oklahoma law.
Following Oklahoma's felony-classification changes, a violation of § 1958 is a Class D1 felony offense. A conviction may result in imprisonment under Oklahoma's Class D1 sentencing provisions, a fine of up to $5,000, or both.
Whether a separate computer-crime charge is appropriate depends on the conduct and evidence alleged in the particular case.
Oklahoma Sex Offender Registration for CSAM Convictions
Many Oklahoma offenses involving child sexual abuse material are covered by the Oklahoma Sex Offenders Registration Act, including offenses under 21 O.S. §§ 1021.2, 1024.2, and 1040.12a.
Oklahoma uses a three-level registration system. Under current law, the registration periods generally are:
- Level 1: 15 years;
- Level 2: 25 years; and
- Level 3, habitual, or aggravated sex offender: lifetime registration.
The registration period generally begins after completion of the sentence, and compliance requirements can extend the actual period a person remains subject to registration.
Registration can also impose substantial reporting, residency, employment, and other legal obligations. Because the applicable level and registration requirements depend on the offense and circumstances, a person facing a CSAM charge should not assume that a particular charge automatically results in a specific registration period.
Defending an Oklahoma CSAM Charge
Child sexual abuse material cases frequently depend on complex digital evidence. An accusation that prohibited material was found on a computer, phone, storage device, or online account does not by itself answer every question necessary to establish criminal responsibility.
Depending on the facts, a defense attorney may examine issues such as:
- whether the defendant knowingly possessed, viewed, accessed, downloaded, or distributed the material;
- whether other people had access to the device, network, account, or storage location;
- whether files were automatically downloaded, cached, synchronized, or stored by software;
- whether forensic evidence reliably connects the accused to particular files or activity;
- whether investigators properly identified the device or user responsible for online activity;
- whether a search warrant was supported by probable cause and properly executed;
- whether statements to investigators were obtained lawfully;
- whether the material satisfies the statutory definition of child sexual abuse material; and
- whether prosecutors can establish each element of the particular offense beyond a reasonable doubt.
Investigations may involve local law enforcement, Internet Crimes Against Children (ICAC) task forces, federal agencies, internet service providers, technology companies, and forensic examinations of electronic devices.
Because evidence can involve search warrants, IP-address information, account records, cloud data, device forensics, and other technical evidence, obtaining legal counsel early in an investigation can be important.
Oklahoma Child Sexual Abuse Material Defense Attorney
An investigation or criminal charge involving child sexual abuse material can expose a person to serious felony penalties and long-term consequences. The potential sentence depends on the statute charged, the alleged conduct, the number of images or visual depictions involved, prior convictions, and other circumstances.
Attorney Ryan Coventon at Coventon Law represents individuals facing serious criminal allegations in Oklahoma. If you are under investigation or have been charged with possessing, viewing, downloading, sharing, distributing, or producing child sexual abuse material, contact Coventon Law to discuss the allegations, the evidence, and the defense options that may be available in your case.
