Text of OK SB 1994 (2024)

Req. No. 2422 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) SENATE BILL 1994 By: Standridge AS INTRODUCED An Act relating to obscene material; amending 21 O.S. 2021, Section 1024.1, which relates to definitions; updating statutory references; modifying definitions; updating statutory language; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 21 O.S. 2021, Section 1024.1, is amended to read as follows: Section 1024.1. A. As used in Sections 1021, 1021.1 through 1021.4, Sections 1022 through 1024 1024.4, and Sections 1040.8 through 1040.24 of this title, “child pornography” means and includes any visual depiction or individual image stored or 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 or performance wherein a minor under the age of eighteen (18) years is engaged in any act with a person, other than his or her spouse, of sexual intercourse which is normal or Req. No. 2422 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 perverted, in any act of anal sodomy, in any act of sexual activity with an animal, in any act of sadomasochistic abuse including, but not limited to, flagellation or torture, or the condition of being fettered, bound or otherwise physically restrained in the context of sexual conduct, in any act of fellatio or cunnilingus, in any act of excretion in the context of sexual conduct, in any lewd exhibition of the uncovered genitals in the context of masturbation or other sexual conduct, or where the lewd exhibition of the uncovered genitals, buttocks or, if such minor is a female, the breast, has the purpose of sexual stimulation of the viewer, or wherein a person under the age of eighteen (18) years observes such acts or exhibitions. Each visual depiction or individual image shall constitute a separate item and multiple copies of the same identical material shall each be counted as a separate item. B. As used in Sections 1021 through 1024.4 and Sections 1040.8 through 1040.24 of this title: 1. “Obscene material” means and includes any representation, performance, depiction or description of sexual conduct, whether in any form or on any medium including still photographs, undeveloped photographs, motion pictures, undeveloped film, videotape, optical, magnetic or solid-state storage, CD or DVD, or a purely photographic product or a reproduction of such product in any book, pamphlet, magazine, or other publication or electronic or photo-optical format, if said such items contain the following elements: Req. No. 2422 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. depictions or descriptions of sexual conduct which are patently offensive as found by the average person applying contemporary community standards, b. taken as a whole, have as the dominant theme an appeal to prurient interest in sex, or in minors create a prurient interest in sex, as found by the average person applying contemporary community standards, and c. a reasonable person would find the material or performance taken as a whole lacks serious literary, artistic, educational, political, or scientific purposes or value; provided, however, such standard shall not apply when an adult knowingly provides material that qualifies as obscene to a minor without written informed consent by the minor’s parent or guardian. The standard for obscenity applied in this section shall not apply to child pornography; 2. “Performance” means and includes any display, live or recorded, in any form or medium; 3. “Sexual conduct” means and includes any of the following: a. acts of sexual intercourse including any intercourse which is normal or perverted, actual or simulated, b. acts of deviate deviant sexual conduct, including oral and anal sodomy, Req. No. 2422 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. acts of masturbation, d. acts of sadomasochistic abuse including but not limited to: (1) flagellation or torture by or upon any person who is nude or clad in undergarments or in a costume which is of a revealing nature, or (2) the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed, e. acts of excretion in a sexual context, or f. acts of exhibiting human genitals or pubic areas; and 4. “Explicit child pornography” means material which a law enforcement officer can immediately identify upon first viewing without hesitation as child pornography. The types of sexual conduct described in paragraph 3 of this subsection are intended to include situations when, if appropriate to the type of conduct, the conduct is performed alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. SECTION 2. This act shall become effective November 1, 2024. 59-2-2422 TEK 1/18/2024 2:34:46 PM

An Act ENROLLED SENATE BILL NO. 1994 By: Standridge, Bullard, Hamilton, Jett, Stephens, and Woods of the Senate and Ford, O’Donnell, Worthen, Echols, Crosswhite Hader, Hays, Stark, Staires, Cantrell, Townley, Steagall, Conley, and Maynard of the House An Act relating to unlawful occupation of property; authorizing property owners or their authorized agents to request assistance from the sheriff from where the property is located for the immediate removal of unauthorized occupants under certain conditions; requiring such owners or agents to submit completed and verified complaints; specifying requirements for complaints; providing requirements for the sheriff; authorizing sheriffs to arrest unauthorized occupants for legal cause; providing fee for service of such notice; authorizing owners or agents to request that sheriffs stand by while the owner or agent takes possession of the property; authorizing sheriffs to charge a reasonable hourly rate; exempting sheriffs from liability to any party for loss, destruction, or damage; exempting property owners or agents from liability to any party for the loss, destruction, or damage to personal property unless it was wrongfully removed; providing civil remedies; providing criminal penalties for certain persons who cause intentional damages to the property; providing criminal penalties for persons who present false documents purporting to be valid lease agreements, deeds, or other instruments conveying real property rights; prohibiting use of act to circumvent rights or laws governing the ENR. S. B. NO. 1994 Page 2 landlord-tenant relationship; providing for codification; and declaring an emergency. SUBJECT: Unlawful occupation of property 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 1354 of Title 21, unless there is created a duplication in numbering, reads as follows: A. A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying real property pursuant to this section if all of the following conditions are met: 1. The requesting person is the property owner or authorized agent of the property owner; 2. An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner's property; 3. The real property was not open to members of the public at the time the unauthorized person or persons entered; 4. The property owner or their agent has directed the unauthorized persons to leave the property; 5. The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner; 6. The unauthorized person cannot produce documentation, correspondence, or identification cards sent or issued by a government agency, including, but not limited to, Service Oklahoma or the Election Board, which show that the person used the property address as an address of record with the agency within the previous twelve (12) months; ENR. S. B. NO. 1994 Page 3 7. The unauthorized person cannot produce a lease signed by the property owner or their agent; 8. The unauthorized person or persons are not immediate family members of the property owner; and 9. There is no pending litigation related to the real property between the property owner and any known unauthorized person. B. To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner or his or her authorized agent must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property form to the sheriff of the county in which the real property is located. The submitted complaint must be in substantially the following form: COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING REAL PROPERTY I, the owner or authorized agent of the owner of the real property located at __________________, declare under the penalty of perjury that (initial each box): 1. ______ I am the owner of the real property or the authorized agent of the owner of the real property. 2. ______ I purchased the property on _________________. 3. ______ An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property. 4. ______ The real property was not open to members of the public at the time the unauthorized person or persons entered. 5. ______ I have directed the unauthorized person or persons to leave the real property, but they have not done so. 6. ______ The person or persons are not current or former tenants pursuant to any valid lease authorized by the property ENR. S. B. NO. 1994 Page 4 owner, and any lease that may be produced by an occupant is fraudulent. 7. ______ The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud. 8. ______ The unauthorized person or persons are not immediate family members of the property owner. 9. ______ There is no litigation related to the real property pending between the property owner and any person sought to be removed. 10. _____ I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees. 11. _____ I am requesting the sheriff to immediately remove the unauthorized person or persons from the property. 12. _____ A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner's behalf are attached. I ACKNOWLEDGE AND UNDERSTAND THAT MAKING OR CAUSING TO BE MADE A FALSE STATEMENT IN THIS AFFIDAVIT MAY SUBJECT ME TO CRIMINAL PROSECUTION FOR PERJURY AND/OR BEING LIABLE FOR ACTUAL DAMAGES SUFFERED OR INCURRED BY ANY PERSON OR OTHER ENTITY AS A RESULT OR CONSEQUENCE OF THE MAKING OF OR RELIANCE UPON SUCH FALSE STATEMENT. _____________________________ (Signature of Property Owner or Agent of Owner) C. Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise ENR. S. B. NO. 1994 Page 5 entitled to relief under this section. If verified, the sheriff must, without unnecessary delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or at a conspicuous location on the property. The sheriff shall also attempt to verify the identities of all persons occupying the property and note the identities on the return of service. If appropriate, the sheriff may arrest any person found on the property for trespass, outstanding warrants, or any other legal cause. D. The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of execution under Section 1148.10 of Title 12 of the Oklahoma Statutes. After the sheriff serves the notice to immediately vacate, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unlawful occupants from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property. The property owner or his or her authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful. E. A person may bring a civil cause of action for wrongful removal against the person who requested such removal under this section. A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees. F. This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes. ENR. S. B. NO. 1994 Page 6 SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1355 of Title 21, unless there is created a duplication in numbering, reads as follows: A person who unlawfully detains or occupies or trespasses upon a property and who intentionally damages the dwelling causing One Thousand Dollars ($1,000.00) or more and is removed from the property pursuant to this act shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding three (3) years or by a fine not exceeding Ten Thousand Dollars ($10,000.00), or both such fine and imprisonment. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1356 of Title 21, unless there is created a duplication in numbering, reads as follows: Any person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights upon conviction is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one (1) year or by a fine not exceeding One Thousand Dollars ($1,000.00), or both such fine and imprisonment. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1357 of Title 21, unless there is created a duplication in numbering, reads as follows: This act shall not be used to circumvent any rights or laws governing the landlord tenant relationship as provided in Title 41 of the Oklahoma Statutes. SECTION 5. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. ENR. S. B. NO. 1994 Page 7 Passed the Senate the 23rd day of May, 2024. Presiding Officer of the Senate Passed the House of Representatives the 17th day of April, 2024. Presiding Officer of the House of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M. By: _________________________________