An Oklahoma child pornography defense attorney provides legal representation to a defendant facing criminal charges involving the possession, production, or distribution of sexually explicit material depicting minors. The child pornography defense lawyers at Phillips & Associates of Oklahoma City represent individuals facing both state or federal charges. The attorneys develop a case strategy, challenge state's evidence, and ensure the prosecution meets its burden of proof beyond a reasonable doubt while advocating for clients through plea negotiations, trial, and sentencing. Legal defense strategies used in child pornography cases focus on protecting the defendant by challenging evidence, suppressing unlawful evidence, and discrediting witness testimony.

Clearly, the consequences of conviction are great. Finding a skillful attorney is critical to a successful outcome to any case. Whether aggressively pursuing a dismissal of charges or an acquittal at trial for an innocent person, or diligently preserving the constitutional rights of a defendant who violated the law, the attorneys with Phillips & Associates are committed to providing superior legal representation for each and every client. Our record of successful sex crimes defense is marked by numerous dismissals and acquittals for our clients who are able to walk free without the stigma associated with being a registered Oklahoma sex offender.

Oklahoma Child Pornography Charges We Fight

The criminal defense attorneys at Phillips & Associates fight all charges of child pornography. Child pornography charges in Oklahoma include the creation, possession, distribution, and facilitation of sexually explicit material involving minors. Oklahoma child pornography laws are outlined in 21 O.S. § 1021.1 through 21 O.S. § 1021.4. These statutes define, prohibit, and punish conduct involving sexually explicit material that depicts minors. Oklahoma classifies these offenses as felonies and legal penalties increase as the severity of conduct increases. Additionally, anyone convicted of possessing child pornography is labeled a Level 1 Sex Offender and required to register as a sex offender for 15 years upon the first offense. Registered sex offenders face significant restrictions on residential, recreational, and employment opportunities, and the public has easy access to their personal information and sex offender status on the Oklahoma Sex Offender Registry.

Possession of child pornography charges are divided into two tiers including simple possession and aggravated possession. Simple possession is for individuals who are charged with possessing up to 99 images of child pornography. Aggravated possession is charged when an individual possesses 100 or more images.

Simple Possession of Child Pornography

Simple possession of child pornography in Oklahoma involves knowingly possessing visual material, such as photographs, videos, or digital images that depicts a minor involved in sexually explicit behavior. Possession of child pornography is a Class B1 felony according to 21 O.S. § 1021.2. Simple possession excludes conduct involving production, distribution, or intent to share such material. Oklahoma distinguishes simple possession from aggravated possession based on statutory factors, including the number of prohibited images or files involved.

What is the Sentence for Simple Possession of Child Pornography?

The sentence for possession of child pornography includes prison time ranging from zero (0) to twenty (20) years in the custody of the Department of Corrections, a fine of up to Twenty-Five Thousand Dollars ($25,000), or both. A conviction also requires mandatory registration as a sex offender.

Is Possession of Child Pornography a Sex Crime?

Yes, the possession of child pornography is a sex crime in the state of Oklahoma. Individuals charged with possessing, distributing, producing, or viewing sexually explicit material involving minors must contact a sex crime defense lawyer to protect their rights and reputation. This offense is a serious felony and those convicted are subject to severe legal penalties, including lengthy prison sentences and mandatory registration as a sex offender.

Aggravated Possession of Child Pornography

Aggravated possession of child pornography charges are filed when an individual possess 100 or more separate materials containing child pornography. Aggravated possession of child pornography is governed by 21 O.S. § 1021.4 and is a Class A2 felony. Aggravated possession of applies if the number of pornographic images or videos meets or exceeds the statutory threshold of 100 images. The potential penalty rises exponentially based on the amount of obscene material someone possesses.

What is the Sentence for Aggravated Possession of Child Pornography?

The sentence for aggravated possession of child pornography in Oklahoma is up to life in prison, a fine of up to Ten Thousand Dollars ($10,000.00), or both. This offense is a Class A2 felony.

Distribution of Child Pornography

Distribution of child pornography charges apply to individuals who knowingly deliver, transfer, share, transmit, or disseminate materials that depict minors involved in sexually explicit acts to another person. The distribution of child pornography in Oklahoma is a Class A2 felony and is governed by 21 O.S. § 1021.3. Distribution charges apply when an individual sends or makes available images or videos that contain child pornography through any means. The means include electronic communication, digital networks, or physical media.

Charges of distribution of child pornography do not require large quantities and applies even if a single image or video is transferred. Distribution charges focus on the act of sharing rather than the amount of material shared. The legal severity increases because distribution expands harm. The harm increases because dissemination perpetuates exploitation of minors.

What Is the Sentence for Distribution of Child Pornography?

The sentence for a conviction on charges of distribution of child pornography in Oklahoma includes up to twenty (20) years in prison, a fine of up to Ten Thousand Dollars ($10,000.00), or both.

Production of Child Pornography

Charges for the production of child pornography in Oklahoma are governed by 21 O.S. § 1040.12a. This law makes it illegal to knowingly create, film, photograph, record, or produce any visual depiction of a minor engaged in sexually explicit conduct. A person can also be charged if they cause, allow, or encourage a minor to take part in creating this type of material. This includes directing, staging, or participating in the production of images or videos involving a minor. The offense applies even if the material is never shared or distributed. The crime is based on the creation of the material itself, not whether it is later shown to others.

What Is the Sentence for Production of Child Pornography?

The sentence for a conviction on charges of the production of child pornography in Oklahoma is up to twenty (20) years in prison, a fine up to twenty-five thousand dollars ($25,000), or both. Each image or video can be charged as a separate offense, which can significantly increase the total sentence.

Federal Child Pornography Laws

The U.S. Criminal Code defines child pornography as follows:
(8) "[C]hild pornography" means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where—

(A) the production of such visual depiction involves the use of a minor engaging in sexually explicit conduct;
(B) such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
(C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. (18 USC § 2256)

In other words, child pornography may include an actual image of a minor engaging in sexually explicit conduct as well as images that only appear as if a minor is engaging in sexually explicit conduct. Federal law defines a minor as anyone under the age of 18. According to both state and federal law, sexually explicit images of anyone under the age of 18 is child pornography. This is important to note, because in Oklahoma, the legal age of consent is 16. This means that a person who can legally consent to engage in sexual activity may not be able to provide legal consent to create images of that activity. This discrepancy between laws defining second degree rape and those defining child pornography create a loophole where many individuals find themselves charged with possession or distribution of child pornography as a result of sexting.

What is the Federal Sentence For Child Pornography?

As a federal sex crime, the possession, distribution, or production of child pornography is penalized depending on certain variables of the offense:

• Conviction of first offense – 5 to 20 years in federal prison
• Conviction after prior conviction for child pornography, trafficking in children, or certain other crimes related to the sexual abuse of children – 15 to 40 years in prison

If possession or distribution of child pornography takes place within the borders of Oklahoma, it is generally prosecuted as a state crime. However, crimes which occur on Indian land often fall under federal jurisdiction, and crimes which are perpetrated across state lines, as is often the case in online distribution of child pornography are typically prosecuted in the United States District Courts.

Anyone charged with a crime related to child pornography needs to understand the charges he or she faces and whether that crime will be prosecuted by an Oklahoma district attorney or a U.S. District attorney. If the crime is charged as a federal offense, it is imperative to get representation from a federal criminal lawyer admitted to practice in the U.S. District Courts for the Eastern, Western, and Northern Districts of Oklahoma.

Find out more about the development of federal child pornography laws here.

Defense Strategies for Child Pornography Charges

If you have been charged with possession, distribution (such as sexting child pornography), or production of child pornography, you may feel like your back is against the wall. However, you do have options for a successful defense.

For a free, confidential review of your case, contact us to speak with an experienced Oklahoma criminal attorney. Submit our online case review form or call now to see how we can help.

Oklahoma Internet Crimes Against Children Task Force

Recently a number of arrests have resulted from online sting operations conducted by the Oklahoma Internet Crimes Against Children (ICAC) Task Force, an agency of the National ICAC Task Force. The National ICAC Task Force was developed under the Providing Resources, Officers, and Technology to Eradicate Cyber Threats to Our Children Act (PROTECT Act) of 2008. It is designed to help state and local law enforcement agencies investigate and prosecute internet sex crimes including child pornography and soliciting minors online.

The Oklahoma ICAC Task Force is one of 61 task forces including more than 2,000 state and federal agencies. Led by the Oklahoma State Bureau of Investigation (OSBI) the state Internet Crimes Against Children Task Force is comprised of county sheriff's offices, municipal police departments, and district attorney's offices. ICAC investigations often include a task force agent, typically a police officer, posing as a decoy online either as a minor or as an adult soliciting child pornography. When a computer user solicits sex from the "minor" or distributes child pornography to the decoy, task force agents gather evidence to arrest the individual.

Sting operations must be conducted carefully to avoid entrapment, a condition in which law enforcement coerces a person to perform criminal acts or behave in ways he or she would not have done without the coercion of the investigators.