State lawmakers pass legislation to prohibit 'obscene material' for minors

House Bill 1217 makes it unlawful for a person to engage in an adult performance which contains obscene material, or for any political subdivision of this state to allow, permit, organize, or authorize the viewing of an adult performance which contains obscene material, on public property or in a public place where a minor, as part of the general public, will be exposed to view such adult performance. 

Punishment for violating HB 1217:

Anybody convicted of violating HB 1217 would be punished with a misdemeanor, subject to up to 1 year in the county jail, or between $500 and $1,000, or both.

Explanation of the bill from senate republicans 

"This is about protecting children from public sexualization and perversion disguised as inclusivity,” said Sen. Dusty Deevers (R-Elgin).

“Why in the world do you want obscene material, sexual material in front of minors,” said Sen. David Bullard (R-Durant). 

The Senate author, Sen. Bullard, says these obscene performances are being held in front of minors in his district, saying this law is necessary.

“If it's already illegal now, then why is it happening all across my state?” questioned Sen. Bullard.

Concerns from Senate Democrats over HB 1217:

“House Bill 1217 is not about addressing a problem, it's about manufacturing one,” said Sen. Carri Hicks, (D-OKC). “House Bill 1217 is not about protecting children, it's about punishing queer joy.” 

Senate Democrats argued that there is already a state statute that criminalizes obscenity, which carries a felony punishment. They questioned why an additional law like this was necessary.

Many Senate Democrats also say this bill is targeting drag shows. The language of the bill does not say anything specifically about drag shows, but the author says that if a drag show had “obscene material,” it would be included in the purview.

“What this really is about is a small group in our community, our neighbors, making another small group in our community uncomfortable,” said Sen. Mark Mann (D-OKC).

"House Bill 1217 which criminalizes a form of artistic expression that is older than our state itself, one that has cultural, historical and educational value,” said Sen. Hicks. “The FBI and GLADD have documented an alarming rise in politically motivated threats linked to anti-drag rhetoric that we're seeing here today.” 

Next steps for HB1217:

The legislation passed with a vote of 39-8 and now heads to the governor's desk. There is an emergency on the bill, meaning it would go into effect as soon as it’s signed into law.