In Oklahoma, teens who send or receive sexually explicit images can be charged with the same child pornography felonies as adult predators, with penalties of up to 20 years in prison, fines up to $25,000, and mandatory lifetime sex offender registration. Oklahoma has no separate sexting law for minors, meaning ignorance of the law is no defense and the consequences are permanent. If your child is facing these charges, early legal representation from an experienced Oklahoma criminal defense attorney is critical.
The laws in Oklahoma have very strong protections for minors and children under the age of 18 from being exploited for child pornography.
The problem is that Oklahoma sex crime laws as of right now can’t keep up with technology. And what we see is that these children, whom the laws were designed to protect from adult predators, are now becoming defendants charged with possession, distribution, and procurement of child pornography. How is this happening?
From criminal defense attorney Jacqui Ford of Jacqui Ford Law, here’s what you need to know about being charged with sex crimes involving children in Oklahoma.
“Sexting” and Child Pornography in Oklahoma
“Sexting” is the act of texting in a flirtatious or sexual way. What we see more and more these days with cameras and videos on everyone’s phones is that our children, mostly our teenagers (who are still children under the law) are engaging in an act of exchanging photographs with their friends and their boyfriends and girlfriends.
What these children don’t know is what they’re doing is a crime. It’s a felony crime in the state of Oklahoma to possess child pornography. It is a felony crime in the state of Oklahoma to manufacture child pornography. And it is a felony crime in the state of Oklahoma to distribute child pornography. Every one of those crimes is a registerable offense.
So how do our teenagers find themselves charged with possession, manufacture, or distribution?
How “Sexting” Turns Into Child Pornography Charges
Let’s say a teenage boy sends a text to his girlfriend. They’re flirting back and forth and talking about all of the things they want to do to one another. And the boyfriend says, “Hey, why don’t you send me a pic?” Girlfriend, whether she’s inclined to do so or not, ultimately decides she’s going to send a sexy pic of herself to her boyfriend because she doesn’t want to be rejected. Who doesn’t want to give their boyfriend what he’s asking for?
And she takes a photograph of herself. If she is under the age of 18, she has now manufactured child pornography.
Once she has that photograph or video on her phone, she’s committed the secondary crime of possessing the child pornography that she manufactured. And the moment she hits ‘SEND,’ she has participated in the distribution of child pornography.
Penalties for Oklahoma Child Pornography Charges
These are very serious crimes with life-altering consequences. Under Oklahoma law, the penalties include:
- Possession or procurement of child sexual abuse material under 21 O.S. § 1024.2: Up to 20 years in the Oklahoma Department of Corrections and fines up to $25,000
- Manufacture, distribution, or procuring a minor’s participation under 21 O.S. § 1021.2: Up to 20 years in the Oklahoma Department of Corrections and fines up to $25,000
- Aggravated possession (subsequent conviction): Up to life imprisonment
- Soliciting child sexual abuse material: Up to 20 years in the Oklahoma Department of Corrections
All of these offenses require mandatory sex offender registration for life. Deferred sentences are not available in these cases, meaning there is no way to keep a conviction off your record. A suspended sentence is still a felony conviction that follows your child for the rest of their life and cannot be expunged.
The fines are significant. Far more than most teenagers can fathom. So it is incredibly important that we talk to our children about sexting and the serious consequences it carries under Oklahoma law.
What to Do If Your Teen Has Been Charged with These Sex Crimes
It’s important that we all know that even though we know it’s ‘just kids being kids,’ the cops don’t care and the district attorneys don’t care. It is a violation of the law, and they do arrest these children. And they do take them to jail. And they do, in fact, charge them with felony crimes. Sometimes these children will be charged in adult court; sometimes they will be charged in juvenile court. But, regardless, the consequences are lifelong.
So, as parents, educators, and friends of kids, and aunts and uncles, we all have to be able to have these hard conversations. And nobody wants to go talk to their children about sex or sexting. And nobody wants to have a conversation as to whether or not their beautiful daughter has sent nude photographs of herself or if their handsome son is sending nude photographs of himself.
But we owe it to them as their parents and the people here to teach them, because ignorance of this law is no defense, and the consequences last a lifetime.
How Jacqui Ford Law Can Help
Learning all of this information can be overwhelming, and these cases can feel hopeless.
The fact of the matter is that’s not the case. That is the way the law is designed, but when you hire an experienced criminal defense lawyer who works in these kinds of cases, we understand how to negotiate these matters and how to navigate you and your child through the incredibly traumatic criminal justice system.
These cases can be worked out. We can work with the district attorney to do things to mitigate the damages. Although they’re not legal defenses as if we were in front of a jury, there are ways to be able to save our kids in certain situations.
Even if your teen is facing these sex crime charges, there’s a lot of hope and there’s a lot of light at the end of this tunnel. It’s just going to take some work.
Contact an Oklahoma City Defense Attorney Today
When you seek counsel, you want to find someone who’s experienced in defending children who are charged in these kinds of child pornography cases and is familiar with sexting and the laws surrounding sexting in Oklahoma today.
If you ever need any information on these matters, please feel free to contact Jacqui Ford Law today. It would be our pleasure to at least be able to advise you and, if necessary, represent you and your child.
Frequently Asked Questions About Sexting and Child Pornography Charges in Oklahoma
1. Can a teenager really be charged with child pornography for sending a picture of themselves?
Yes, and it happens more than most people realize. Under Oklahoma law, any person under 18 who takes and sends a sexually explicit image of themselves has technically manufactured, possessed, and distributed child sexual abuse material. All of these are felony offenses. The law makes no exceptions based on the age of the sender or the fact that both parties are minors. If your child is facing these charges, contact Jacqui Ford Law immediately.
2. What are the penalties for sexting-related charges in Oklahoma?
Under 21 O.S. § 1021.2 and 21 O.S. § 1024.2, possession, distribution, or manufacture of child sexual abuse material carries up to 20 years in the Oklahoma Department of Corrections and fines up to $25,000. All convictions require mandatory lifetime sex offender registration, and no deferred sentences are available, meaning a conviction cannot be kept off your child’s record.
3. Will my child have to register as a sex offender?
Yes. Every offense related to child sexual abuse material in Oklahoma is a registerable offense. Sex offender registration in Oklahoma is public, affects where a person can live and work, and follows them for life. This is one of the most serious long-term consequences of these charges and one of the most important reasons to retain an experienced defense attorney as quickly as possible.
4. Can these charges be expunged from my child’s record?
No. A suspended sentence in Oklahoma is still a felony conviction, and felony convictions cannot be expunged. Deferred sentences, which allow a record to be cleared after completing probation, are not available for child sexual abuse material offenses. This makes early and aggressive legal defense critical.
5. What is the difference between juvenile court and adult court for these charges?
Depending on your child’s age and the circumstances of the case, they may be charged in juvenile court or adult court. Juvenile court proceedings are generally less public and focus more on rehabilitation, while adult court carries the full weight of adult criminal penalties, including prison time. An experienced sex crime defense attorney can advocate for juvenile court jurisdiction where appropriate and fight to keep your child’s case out of adult court.
6. What should I do if my child is being investigated but hasn’t been charged yet?
Do not wait. If law enforcement has contacted your family, seized your child’s phone, or indicated they are investigating, contact a defense attorney immediately. You have the right to remain silent and the right to legal representation. Exercising those rights early can make a significant difference in how the case develops. Jacqui Ford Law handles these cases with discretion and urgency.
Is ignorance of the law a defense in these cases?
No. Not knowing that sexting constitutes a crime under Oklahoma law is not a legal defense. However, an experienced defense attorney can explore other avenues, including negotiating with prosecutors, challenging the evidence, and working to mitigate the consequences even when a technical violation occurred. These cases can be worked out, and there is more hope than it may seem.
