Okla. Stat. tit. 15 § 791

Current through Laws 2024, c. 453.

Section 791

As used in this act:

1. "Child pornography" means the same as used in Section 1024.1 of Title 21 of the Oklahoma Statutes;

2. "Child sexual exploitation" means the same as used in Section 843.5 of Title 21 of the Oklahoma Statutes;

3. "Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity;

4. "Digitized identification card" means a data file available on any mobile device, which has connectivity to the Internet, through a state-approved application that allows the mobile device to download the data file from a state agency or any authorized agent of a state agency that contains all of the data elements visible on the face and back of a license or identification card and displays the current state of the licensed or identification card;

5. "Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means;

6. "Harmful to minors" means the same as terms defined in Sections 1040.75 through 1040.77 of Title 21 of the Oklahoma Statutes;

7. "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks;

8. "Minor" means any person eighteen (18) years of age or younger;

9. "News-gathering organization" means any of the following:

a. an employee of a newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subsection, who can provide documentation of such employment with the newspaper, news publication, or news source, or

b. an employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subsection, who can provide documentation of such employment;

10. "Obscene material means the same as used in Section 1024.1 of Title 21 of the Oklahoma Statutes;

11. "Publish" means to communicate or make information available to another person or entity on a publicly available Internet website;

12. "Reasonable age verification methods means verifying that the person seeking access to the available material is eighteen (18) years of age or older by using the following methods:

a. use of a digitized identification card as defined in this section,

b. verification through an independent, third-party age verification service that compares the personal information entered by the individual who is seeking access to the material that is available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for purpose of age and identity verification, or

c. any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material;

13. "Substantial portion" means when more than a third of the total material available on the website meets the definition of material harmful to minors as defined in this section; and

14. "Transactional data" means a sequence of information that documents as exchange, agreement, or transfer between an individual, commercial entity, or a third party used for the purpose of satisfying a request or event. Transactional data may include, but not be limited to, records from mortgage, education, and employment entities.

Okla. Stat. tit. 15, § 791

Added by Laws 2024 , c. 181, s. 1, eff. 11/1/2024.