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Possession of child pornography in the state of Oklahoma

It is universally accepted that children should be protected. Children are one of the most vulnerable segments of our society. Those who choose to prey on them deserve to be punished to the fullest extent of the law. However, it is important that the prosecution of the accused follows the letter of the law rather than a biased, overzealous prosecution that neither seeks nor searches for the truth.

The Oklahoma child pornography statute has serious consequences for anyone found guilty of the crime. The statute classifies a minor as anyone under the age of 18. Any person that helps a minor to participate in pornography may be punished under the statute. Anyone who knowingly possesses, procures, manufacturers or causes child pornography to be sold may also be charged under the statute.

Once convicted, a person could be imprisoned for a maximum of 20 years. A defendant may also face a fine of up to $25,000. In some cases, a defendant may face both a fine and imprisonment. Any defendant that faces more than two years of imprisonment will also be subject to post-imprisonment supervision. A jury should always be advised that this post-imprisonment supervision is in addition to the term of imprisonment and that the two do not run concurrently.

A defendant may have a valid defense to a charge of possession of child pornography. However, the permission of the parent or guardian of the child is never a valid defense to this crime. Some defendants may be eligible for a deferred sentence and should seek the counsel of an experienced defense attorney to determine the best legal defenses to this charge.

Source: Oklahoma State Courts Network, "Title 21.Crimes and Punishment," March 8, 2015

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M.K. Bailey Law Offices
1001 NW 63rd Street Ste. 280
Oklahoma City, OK, 73116
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