The Phillips & Associates Oklahoma Law Blog


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By Dustin Phillips on
December 17, 2013
February 5, 2020

A supervisor at the McAlester Army Ammunition Plant has been charged with state and federal crimes after being accused of installing a video camera into a women's restroom in order to secretly record them. Because the ammunition plant is federal property, the alleged crimes fall under U.S. government jurisdiction. Kenneth Wayde Elkins, 55, was charged in United States District Court for the Eastern District of Oklahoma with three counts of Video Voyeurism (18 USC 1801). He is likewise charged in Pittsburg County District Court with two counts of Recording or Transmitting Obscenity (21 O.S. 1021) and two counts of Using Electronic Equipment in Clandestine Manner (21 O.S. 1171). Elkins is accused of secretly planting a hidden camera in the women's restroom of the ammunition plant to record women. He allegedly captured images of the private parts of at least three separate women. An investigation by the McAlester Army Ammunition Plant Security, the Federal Bureau of Investigation and the McAlester Police Department led to a search of Elkins's home, where investigators allegedly found child pornography downloaded to the suspect's computer. They also say they found evidence that Elkins placed a covert surveillance camera at a private residence to capture images of the private areas of a person living at the residence. The federal video voyeurism statute states that anyone who intends to capture images of a person's private areas, without the person's consent and under circumstances in which the person should have a reasonable expectation of privacy, is subject to a maximum of one year in prison and a fine of up to $100,000. Find out more about federal sex crimes here. A similar Oklahoma law, with which Elkins has been charged in state court, is found in 21 O.S. 1171 (c): "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 and capture an image of a private area of a person without the knowledge and consent of such person and knowingly does so under circumstances in which a reasonable person would believe that the private area of the person would not be visible to the public, regardless of whether the person is in a public or private place shall, upon conviction, be guilty of a misdemeanor. The violator shall be punished by imprisonment in the county jail for a term of not more than one (1) year, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Recording or transmitting obscenity, however, carries much more stringent penalties under state law. Under 21 O.S. 1021 (A)(3), any person who "willfully and knowingly . . . writes, composes, stereotypes, prints, photographs, designs, copies, draws, engraves, paints, molds, cuts, or otherwise prepares, publishes, sells, distributes, keeps for sale, knowingly downloads on a computer, or exhibits any obscene material or child pornography," is guilty of a felony punishable by 30 days to 10 years in prison and a fine ranging from $500 to $20,000. Read more about Oklahoma obscenity statutes. According to the United States Attorney's Office for the Eastern District of Oklahoma, Kenneth Elkins is out on bond for the state charges, with his next court appearance scheduled for December 20. His arraignment on federal charges is set for January 15, 2014.


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