Criminal Judiciary

OKLAHOMA CITY – Rep. Collin Duel, R-Guthrie, on Tuesday unanimously passed a bill in committee that would criminalize a straw purchase of property on behalf of a foreign national. House Bill 3495 would make it unlawful to knowingly and willfully purchase or attempt to obtain any property on behalf of a foreign national. Punishment would be a felony not to exceed two years imprisonment, a fine of up to $1,000 or both. The measure defines "straw person or party" as a third party who is put up in name only to take part in a transaction. "This law will help stop organized crime and cartel activity that has allowed a free-flow of human, drug and sex trafficking in and through Oklahoma," Duel said. "We must secure ourselves from hostile foreign interests that do not have our best interests, or even our survival, at heart." Duel pointed to the number of drug busts conducted on illegal marijuana grows in the state - and the consequent number of people arrested that were in the country illegally – as evidence of the problem of straw purchase. He also notes that Interstates 35 and 40, which crisscross the state and the nation, have long served as major corridors for human and drug smuggling. Shutting down the straw purchase loophole, will help stop the amount of illegal activity along these highways and throughout the state. "In talking with law enforcement from across Oklahoma, it's evident this has become a growing problem," Duel said. "We must have the ability to prosecute and punish those who would seek to hide behind gaps in the law." The bill passed the Criminal Judiciary Committee on a vote of 5-0. It now is eligible for consideration in the Committee on Judiciary and Public Safety Oversight.

Legislation prohibiting the use of artificial intelligence (AI) to develop revenge pornography was unanimously approved by the Oklahoma House of Representatives. Rep. Toni Hasenbeck, R-Elgin, said House Bill 1364 , which would add sexual content created through artificial intelligence to the statute prohibiting the sharing of revenge pornography, is a response to how AI can be misused. Revenge pornography is when a person shares private sexual images without the consent of the depicted person with the intention of humiliating that person. It became a misdemeanor offense in 2016. If HB1364 becomes law, revenge porn images created using AI would fall under this same category. "Artificial intelligence continues to reshape the landscape of both innovation and privacy, and it's critical that our laws evolve to protect our citizens from potential harm," Hasenbeck said. "House Bill 1364 directly addresses the harm that can arise from this technology by recognizing that AI-generated revenge porn, while fake, is nonetheless a very real violation of a person's dignity and privacy. This bill protects the autonomy and rights of every individual, no matter how technology may continue to evolve." Last year, Hasenbeck passed legislation that expanded the definition of "child pornography" to include artificial intelligence-generated depictions of children involved in sexually explicit content. After House Bill 3642 took effect on November 1, individuals who create or view AI-generated child pornography can now face felony prosecution. HB1364 was approved by the House 90-0 and now moves to the Senate for further consideration.

A measure aimed at improving school board policies on bullying has been passed by the Oklahoma House of Representatives. Currently, each school board must adopt a policy regarding bullying. House Bill 2017 would require a process for parental notification of bullying within 24 hours of notification of a bullying incident. Additionally, if a student expresses suicidal thoughts or intentions or encourages another student to commit suicide, the parents or legal guardians of the student must be notified immediately. Rep. Daniel Pae, R-Lawton, filed the bill to strengthen school district policies regarding bullying. "House Bill 2017 protects the well-being of all Oklahoma’s students," Pae said. "We have a responsibility to ensure that every student feels safe and supported, and that starts with clear policies, effective communication and a commitment to minimizing bullying in all its forms. Schools, parents and communities must work together to protect the well-being of our students." Under HB2017, the measure would require the adoption of procedures for students, school employees, school volunteers, or parents or legal guardians to report acts of bullying. Additionally, the school board must hold public hearings before the adoption or modification of the bullying policy. HB2017 also requires the addition of a statement prohibiting retaliation against a school employee who notifies the district board of education or the State Department of Education of noncompliance with the established bullying policy. The bill specifies that these provisions do not apply to speech protected under the First Amendment, nor do they apply to any other activity authorized by law. The House passed HB2017 62-32. It now moves to the Senate.