The destruction of obscene material or child pornography upon final conviction has been extended to “any codefendant.” Previously, obscene material or child pornography had to be destroyed upon conviction of the accused. Now, it must be destroyed upon final conviction of the accused and any codefendant.
The magistrate or law enforcement must destroy the material. The district attorney must now consent to the destruction of that material. The material to be destroyed includes, but is not limited to, the destruction of any computer, hard drive, or other electronic storage media of the accused or codefendant on which such obscene material or child porn was located.
A “final conviction” includes the exhaustion of or failure to timely pursue post-conviction and state and federal habeas corpus review.
HB 1811 amended 21 O.S. § 1024.4. The law went into effect on November 1, 2017.