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Date: 04-15-2024
Case Style:
Case Number: CF-2023-2377
Judge: CF Docket F
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney: Brett Swab
Description: Tulsa, Oklahoma, criminal law lawyer represented the Defendant, charged with aggravated possession of child pornography in violation of 21 O.S. 1040, which provides:
A. 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.
B. For purposes of this section:
1. Multiple copies of the same identical material shall each be counted as a separate item;
2. The term "material" means the same definition provided by Section 1040.75 of Title 21 of the Oklahoma Statutes and, in addition, includes all digital and computerized images and depictions; and
3. The term "child pornography" means the same definition provided by Section 1040.80 of Title 21 of the Oklahoma Statutes and, in addition, includes sexual conduct, sexual excitement, sadomasochistic abuse, and performance of material harmful to minors where a minor is present or depicted as such terms are defined in Section 1040.75 of Title 21 of the Oklahoma Statutes.
Outcome: 04-15-2024 CONVICTED
JUDGE MICHELLE KEELY: DEFENDANT PRESENT, IN CUSTODY AND REPRESENTED BY T. BRETT SWAB AND JAY-MICHAEL SWAB. STATE REPRESENTED BY LEYNA CHURCHILL. RECORDING MADE DUE TO COURT REPORTER UNAVAILABLE. ALL PARTIES IN RECEIPT OF PRE-SENTENCE INVESTIGATION REPORT. ARGUMENTS HEARD. STATE'S EXHIBIT #1 ADMITTED. THE COURT SENTENCES AS FOLLOWS:
COUNT 1) DEFENDANT SENTENCED TO THIRTY (30) YEARS IN THE DEPARTMENT OF CORRECTIONS - THE FIRST SEVENTEEN (17) YEARS TO BE SERVED IN CUSTODY AND THE LAST THIRTEEN (13) YEARS TO BE SUSPENDED. DEFENDANT ASSESSED: $500.00 FINE, $250.00 VCA, PLUS COSTS.
DEFENDANT RECEIVES CREDIT FOR TIME SERVED AND EARNED.
THE COURT ORDERS THE DEFENDANT TO REMAIN IN THE TULSA COUNTY JAIL FOR TEN (10) DAYS PRIOR TO TRANSPORTATION TO THE DEPARTMENT OF CORRECTIONS AT THE REQUEST OF THE DEFENDANT.
DEFENDANT IS GIVEN 180 DAYS AFTER RELEASE TO REPORT TO COST ADMINISTRATION TO SET UP A PAYMENT PLAN.
DEFENDANT TO BE UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS - PROBATION AND PAROLE.
DEFENDANT TO FOLLOW THE SPECIAL RULES AND CONDITIONS FOR SEX OFFENDERS.
DEFENDANT IS ORDERED TO HAVE SEX OFFENDER TREATMENT INCLUDING POLYGRAPHS, CANNNOT HAVE INTERNET ACCESS, AND TO HAVE NO CONTACT WITH CHILDREN.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 EXECUTED. BOND EXONERATED. J&S ISSUED. COMMITMENT FOR PUNISHMENT ISSUED.
Plaintiff's Experts:
Defendant's Experts:
Comments: