Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: CF-2021-3605
Judge: Sharon Holmes
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Description: Tulsa, Oklahoma criminal law lawyer represented Defendant, charged with possession of child pornography in violation of 21 O.S. 1021.2, which provides:
A. It shall be unlawful to:
1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, use malicious computer programs on, disclose or take possession of a computer, computer system, computer network, data or any other property;
2. Use a computer, computer system, computer network or any other property as hereinbefore defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, data, services or other thing of value by means of a false or fraudulent pretense or representation;
3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network, data or any other property;
4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network, data or any other property;
5. Willfully and without authorization use or cause to be used computer services;
6. Willfully and without authorization disrupt or cause the disruption of computer services or deny or cause the denial of access or other computer services to an authorized user of a computer, computer system or computer network, other than an authorized entity acting for a legitimate business purpose with the effective consent of the owner;
7. Willfully and without authorization provide or assist in providing a means of accessing a computer, computer system, data or computer network in violation of this section;
8. Willfully use a computer, computer system, or computer network to annoy, abuse, threaten, or harass another person;
9. Willfully use a computer, computer system, or computer network to put another person in fear of physical harm or death; and
10. Willfully solicit another, regardless of any financial consideration or exchange of property, of any acts described in paragraphs 1 through 9 of this subsection.
B. Any person convicted of violating paragraph 1, 2, 3, 6, 7, 9 or 10 of subsection A of this section shall be guilty of a felony punishable as provided in Section 1955 of this title.
C. Any person convicted of violating paragraph 4, 5 or 8 of subsection A of this section shall be guilty of a misdemeanor.
D. Nothing in the Oklahoma Computer Crimes Act shall be construed to prohibit the monitoring of computer usage of, or the denial of computer or Internet access to, a child by a parent, legal guardian, legal custodian, or foster parent. As used in this subsection, "child" shall mean any person less than eighteen (18) years of age.
E. Nothing in the Oklahoma Computer Crimes Act shall be construed to prohibit testing by an authorized entity, the purpose of which is to provide to the owner or operator of the computer, computer system or computer network an evaluation of the security of the computer, computer system or computer network against real or imagined threats or harms.
Outcome: 1-2022 CONVICTED
JUDGE SHARON HOLMES: DEFENDANT PRESENT, REPRESENTED BY WRILEY ANDERSON STATE REPRESENTED BY ZACH MANELY. DEFENDANT SWORN IN OPEN COURT. COURT REPORTER WAVIED. DEFENDANT ENTERS A PLEA OF GUILTY AND WAIVES RIGHTS TO JURY, NON JURY TRIAL.. COURT ACCEPTS PLEA, DEFENDANT SENTENCED TO:
COUNT 1) CHARGE AMENDED TO VIOLATION OF COMPUTER CRIMES ACT. COURT WITHHOLDS A FINDING OF GUILTY AND DEFERS FOR SEVEN (7) YEARS UNTIL 11-19-2029 @ 9 AM BOFORE DOCKET D. DEFENDANT TO BE UNDER THE SUPERVISION PROGRAM OF THE TULSA COUNTY DISTRICT ATTORNEY'S OFFICE. DEFENDANT ASSESSED $500.00 COURT FUND, $250.00 VCA, PLUS COSTS. DEFENDANT TO FORFEITURE ALL ELECTRONIC EQUIPMENT
DEFENDANT ADVISED OF APPEAL RIGHTS, RULE 8 ISSUED, ORDER OF DEFERRED SENTENCE ISSUED. BOND EXONERATED.