Text of OK HB 2186 (2023)
Crimes and punishments; adult cabaret and drag performance; making certain acts unlawful; codification; emergency.
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As introduced
3,507 characters
Req. No. 5378
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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2186
By: West (Kevin)
AS INTRODUCED
An Act relating to crimes and punishments; defining
terms; making certain acts unlawful; providing
penalties; providing preemption provision; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1040.57 of Title 21, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Adult cabaret performance" means a performance in a
location, other than an adult cabaret, that features topless
dancers, go-go dancers, exotic dancers, strippers, drag queens or
similar entertainers, who provide entertainment that appeals to the
prurient interest, regardless of whether or not the performance is
for consideration;
2. "Drag queen" means a male or female performer who adopts a
flamboyant or parodic feminine persona with glamorous or exaggerated
costumes and makeup;
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3. "Drag queen story hour" means an event hosted by a drag
queen who reads children's books and engages in other learning
activities with minor children present; and
4. "Minor" means an individual under eighteen (18) years of
age.
B. 1. It shall be unlawful for a person to engage in an adult
cabaret performance or to organize or authorize the viewing of an
adult cabaret performance on public property or in a location where
the adult cabaret performance could be viewed by a person who is a
minor.
2. Any person who violates the provisions of this subsection
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for a
term of not less than thirty (30) days and not exceeding two (2)
years, or by a fine of not less than Five Hundred Dollars ($500.00)
and not exceeding Twenty Thousand Dollars ($20,000.00), or by both
such fine and imprisonment.
C. 1. It shall be unlawful for a person to organize or
authorize the viewing of a drag queen story hour on public property
or in a location where the drag queen story hour could be viewed by
a person who is a minor.
2. Any person who violates the provisions of this subsection
shall, upon conviction, be guilty of a misdemeanor punishable by
imprisonment in a county jail for a term not exceeding one (1) year,
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or by a fine of not less than Five Hundred Dollars ($500.00) and not
exceeding One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
D. The provisions of this section shall preempt any ordinance,
regulation, or restriction that was lawfully adopted or license that
was issued by a political subdivision of this state prior to the
effective date of this act that is in conflict with the provisions
of this section.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5378
GRS
01/14/23