An Oklahoma City man remains in the Oklahoma County jail after he was arrested Friday on drug and child pornography charges. Brent Joseph Cunningham, 46, was jailed after police served a search warrant at his home, allegedly finding methamphetamine and child pornography videos.
Police were alerted to Cunningham after a teenage girl discovered a hidden camera as she was taking a shower inside the home. When law enforcement searched the home and the suspect's vehicle, they allegedly found recordings of the girl showering as well as methamphetamine they deemed to be in sufficient quantity to indicated intent to distribute.
Cunningham was arrested and booked into the Oklahoma County jail on multiple criminal complaints:
- 4 counts of manufacturing child pornography
- 4 counts of possession of child pornography
- 1 count of possession of meth with intent to distribute
- 1 count of possession of drug paraphernalia
Oklahoma's peeping tom laws make it a crime to secretly videotape someone where he or she has a reasonable expectation of privacy--for example, a bathroom, shower, or locker room. However, when the person who is secretly recorded for the sexual gratification of the viewer is a minor, the charges and the consequences become much more serious.
Under 21 O.S. § 1171(B), making a clandestine recording for illegal, lewd, or lascivious purpose is a felony:
"Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act, shall, upon conviction, be guilty of a felony. The violator shall be punished by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment."
Obviously, a felony conviction and the possibility of 5 years in prison is not something to take lightly. However, sexually explicit images of anyone under the age of 18 is considered child pornography. Making or possessing clandestine video of a minor taking a shower or in various states of undress, when these are for the sexual stimulation of the viewer, is a felony sex crime punishable by decades in prison and sex offender registration.
Under 21 O.S. § 1021.1, manufacturing child pornography carries a maximum sentence of 20 years in prison:
"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."
Add to the defendant's four counts of manufacturing child pornography the four counts of possession of child pornography, each of which is punishable by a maximum of 5 years in prison and a $5,000 fine.
If that's not enough, the suspect also faces 2 years to life in prison for possession of meth with intent to distribute.
