An Oklahoma City man was arrested last week after allegedly sharing images of child pornography with an undercover officer on a file sharing site. 

A multi-agency task force served an arrest warrant at the home of David Michael Erwin, 57, arresting the man on complaints of possession of child pornography, distribution of child pornography, and violation of the Oklahoma Computer Crimes Act. Investigators seized a computer and related technology from the man's home, and they say additional felony charges may be pending after examination of the devices.

In Oklahoma, many child pornography arrests are the result of undercover investigations by law enforcement agencies and groups such as the Internet Crimes Against Children (ICAC) task force. These investigations involve an undercover office or officers who log onto file sharing sights known to involve child pornography. When a person downloads a child pornography image or shares an image with another user, who turns out to be a law enforcement officer, the person's IP address is tracked and the he or she is arrested for possession and/or distribution of child pornography.

Child pornography is defined by both state and federal law to include sexually explicit images of anyone under the age of 18. There are a number of Oklahoma laws against child pornography:

  • 21 O.S. § 1021.2 - "Any person who shall procure or cause the participation of any minor under the age of eighteen (18) years in any child pornography or who knowingly possesses, procures, or manufactures, or causes to be sold or distributed any child pornography shall be guilty, upon conviction, of a felony and shall be punished by imprisonment for not more than twenty (20) years or by the imposition of a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by both said fine and imprisonment. Persons convicted under this section shall not be eligible for a deferred sentence. Except for persons sentenced to life or life without parole, any person sentenced to imprisonment for two (2) years or more for a violation of this subsection shall be required to serve a term of post-imprisonment supervision pursuant to subparagraph f of paragraph 1 of subsection A of Section 991a of Title 22 of the Oklahoma Statutes under conditions determined by the Department of Corrections. The jury shall be advised that the mandatory post-imprisonment supervision shall be in addition to the actual imprisonment."
  • 21 O.S. § 1024.2 - "It shall be unlawful for any person to buy, procure or possess child pornography in violation of Sections 1024.1 through 1024.4 of this title. Such person shall, upon conviction, be guilty of a felony and shall be imprisoned for a period of not more than five (5) years or a fine up to, but not exceeding, Five Thousand Dollars ($5,000.00) or by both such fine and imprisonment."
  • 21 O.S. § 1040.12a - "Any person who, with knowledge of its contents, possesses one hundred (100) or more separate materials depicting child pornography shall be, upon conviction, guilty of aggravated possession of child pornography. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term not exceeding life imprisonment and by a fine in an amount not more than Ten Thousand Dollars ($10,000.00). The violator, upon conviction, shall be required to register as a sex offender under the Sex Offenders Registration Act."

Additionally, using a computer or computer network to download, store, or share child pornography is a separate offense in violation of the Oklahoma Computer Crimes Act. Using a computer to violate any state law is a separate and additional charge that is punishable by a maximum of five years in prison and a fine of up to $5,000 in addition to any sentence received for conviction of possession or distribution of child pornography.

Learn more about Oklahoma child pornography laws, or call (405) 417-3842 for a free case review.