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Sex Offender Arrested for Child Porn and Oklahoma Computer Crimes Act Violation

11-Dec-2012

A registered Oklahoma sex offender was arrested last week in McCurtain County on complaints of possession of child pornography, distribution child pornography, and violation of the Oklahoma Computer Crimes Act.  Terry Lee McDonald, 53, of Dibble, was arrested after allegedly distributing child pornography online to an undercover agent.  The Oklahoma State Bureau of Investigations Computer Crimes Unit has confiscated several storage devices and a computer on which investigators reportedly found several pornographic images involving children.

McDonald was previously convicted in 1992 on charges of attempted first degree rape and lewd molestation.  He served six years of a fifteen year sentence.

Internet sex crimes, such as distribution of child pornography and soliciting minors online, are often prosecuted in accordance with the Oklahoma Computer Crimes Act.  The electronic crime statutes, under Title 21 of the Oklahoma criminal code, define terms pertaining to use of computers, software, networks, and other electronic devices in §1952.  Further sections outline prohibited acts:

  • §1953 outlines illegal acts including hacking, cyber-bullying (harassing or threatening), and computer fraud. 
  • §1958 states that using a computer or electronic device to violate any other Oklahoma law is a separate criminal offense.
  • Under §1958, a person is subject to penalties for violation of the Computer Crimes Act in addition to any penalties associated with conviction of another crime perpetrated through the use of a computer or electronic device.  This section of the statutes proclaims:
  • No person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate any of the provisions of the Oklahoma Statutes.
  • Any person convicted of violating the provisions of this statute shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not more than five (5) years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
  • This means that a person convicted of possession of child pornography and violation of the Oklahoma Computer Crimes act for storing the pornographic images on his or her computer or electronic device would face penalties for both crimes:
  • Up to ten years in prison and a fine of up to $20,000 for possession of child pornography (outlined under O.S. §21-1021)
  • Up to five years in prison and a fine of up to $5,000 for violation of the electronic crimes statutes (outlined under O.S. §21-1958)

Prosecution for computer crimes and for sex crimes may result in heavy penalties without adequate defense.  To find an internet sex crimes defense attorney in Oklahoma, please visit us online at www.oklahomalegalgroup.com/internet-sex-crimes.



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