OUJI-CR 4-139

RAPE AND SEX CRIMES -- DEFINITIONS

Child Pornography - Any (visual depiction/(individual image) stored/contained in any format on any medium including, but not limited to, film/(motion picture)/videotape/photograph/negative/(undeveloped film)/slide/(photographic product)/(reproduction of a photographic product) /play/performance in which a child under the age of 18 years (is engaged with any person, other than his/her spouse in)/observes any (act of sexual intercourse, which is normal or perverted)/(act of anal sodomy)/(act of sexual activity with an animal)/(act of sadomasochistic abuse, including flagellation/torture/[the condition of being fettered/bound/(physically restrained) in the context of sexual conduct])/(act of fellatio/cunnilingus)/(act of excretion in the context of sexual conduct)/[(lewd exhibition of the uncovered genitals in the context of masturbation/(sexual conduct)])/(lewd exhibition of the (uncovered genitals)/buttocks/(the breast of a female minor) where the lewd exhibition has the purpose of sexual stimulation of the viewer).

Note – 21 O.S. Supp..2025, § 1024.1 was amended in 2024 to change “child pornography” to “child sexual abuse material.”

          

Child Sexual Abuse Material - Child sexual abuse material means:

(1) Any visual depiction of a child engaged in any act of sexually explicit conduct;

OR

(2) Any visual depiction of a child that has been adapted, altered, or modified so that the child depicted appears to be engaged in any act of sexually explicit conduct;

OR

(3) Any visual depiction that appears to be a child, regardless of whether the image is a depiction of an actual child, a computer-generated image, or an image altered to appear to be a child, engaged in any act of sexually explicit conduct, and such visual depiction is obscene.

 

Reference: 21 O.S. Supp. 2025, § 1024.1.

Force - Force means any force, no matter how slight, necessary to accomplish the act without the consent of the victim. The force necessary to constitute an element need not be actual physical force since fear, fright or coercion may take the place of actual physical force.

Reference: 21 O.S. Supp. 2021, § 111.

Inanimate Object - Not having the qualities associated with active, living organisms.

Genitals or Genitalia - The external sex organs.

Harmful to minors - That quality of any description/exhibition/presentation/representation, in whatever form, of nudity/(sexual conduct or sexual excitement)/(sadomasochistic abuse) when the material/performance, taken as a whole, has the following characteristics:

(1) the average person eighteen (18) years of age or older applying contemporary community standards would find that the material/performance has a predominant tendency to appeal to a prurient interest in sex to minors, and
(2) the average person eighteen (18) years of age or older applying contemporary community standards would find that the material/performance depicts/describes nudity/(sexual conduct or sexual excitement)/(sadomasochistic abuse) in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors, and
(3) the material/performance lacks serious literary, scientific, medical, artistic, or political value for minors,
OR
Any description/exhibition/presentation/representation, in whatever form, of inappropriate violence.

Reference: 21 O.S. Supp. 2025, § 1040.75.

Knowing or Knowingly - Being aware of the existence of facts that cause the act to be criminal in nature. A person need not be aware of the applicable law to do an act "knowingly," but only need to be aware of the applicable facts.

Lascivious - Characterized by or expressing lust or lewdness.

Law Enforcement Activity - A person engages in "Law Enforcement Activity" when acting under the direction of the courts or the direction or supervision of a law enforcement agency while investigating criminal activity.

Reference: 21 O.S.Supp. 2025, § 1021.1.

Lewd - Obscene, lustful, indecent, lascivious, lecherous.

Reference: 21 O.S. 2011, § 1030(6).

Obscene - Any performance or depiction, in any form or on any medium if, taken as a whole:

(1) appeals to the prurient interest in sex as determined by the average person applying the contemporary standards of their community;

(2) depicts, represents, or displays sexually explicit conduct in a patently offensive way; and

(3) a reasonable person would find the material or performance lacks serious literary, artistic, educational, political, or scientific value.

.

Reference: 21 O.S. Supp. 2025 § 1024.1.

Performance - Any display, live or recorded, in any form or medium.

Reference: 21 O.S. Supp. 2025, § 1024.1.

Private Parts - The genitals or sex organs.

Sexually Explicit Conduct -- Any of the following, whether actual or simulated:

acts of sexual intercourse;

OR

acts of oral and anal sodomy;

OR

acts of masturbation;

OR

acts of sexual activity with an animal;

OR

acts of sadomasochism including but not limited to:

(1) flagellation/torture by/upon any person who is nude/[clad in undergarments/(costume which is of a revealing nature)], or

(2) the condition of being fettered/bound/(physically restrained) on the part of one who is nude/[clad in undergarments/(costume which is of a revealing nature)].

OR

acts of excretion in a sexual context.

OR

acts of exhibiting genitalia, breast or pubic area for the purpose of the sexual stimulation of the viewer.

[Sexual conduct includes acts performed alone/(between members of the same/opposite sex)/(between humans and animals) in an act of apparent sexual stimulation/gratification.]

 

Reference: 21 O.S. Supp. 2025 § 1024.1.

Visual Depiction - any depiction/picture/movie/performance/image displayed/stored/shared/ transmitted in any format and on any medium including data that is capable of being converted into a/an depiction/picture/movie/performance/image.

Reference: 21 O.S. Supp. 2025, § 1024.1.

 

(2026 SUPP.)