MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary B
By: Representative Upshaw
AN ACT TO AMEND SECTIONS 97-5-31 AND 97-5-33, MISSISSIPPI CODE OF 1972, TO INCLUDE THE USE OF CELL PHONES AS A VIOLATION OF EXPLOITATION OF CHILDREN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-5-31, Mississippi Code of 1972, is amended as follows:
97-5-31. As used in Sections 97-5-33 through 97-5-37, the following words and phrases shall have the meanings given to them in this section:
(a) "Child" means any individual who has not attained the age of eighteen (18) years.
(b) "Sexually explicit conduct" means actual or simulated:
(i) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) Bestiality;
(iii) Masturbation;
(iv) Sadistic or masochistic abuse;
(v) Lascivious exhibition of the genitals or pubic area of any person; or
(vi) Fondling or other erotic touching of the genitals, pubic area, buttocks, anus or breast.
(c) "Producing" means producing, directing, manufacturing, issuing, publishing or advertising.
(d) "Visual depiction" includes without limitation developed or undeveloped film and video tape or other visual unaltered reproductions by computer or cell phone.
(e) "Computer" has the meaning given in Title 18, United States Code, Section 1030.
(f) "Simulated" means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.
SECTION 2. Section 97-5-33, Mississippi Code of 1972, is amended as follows:
97-5-33. (1) No person shall, by any means including computer or cell phone, cause, solicit or knowingly permit any child to engage in sexually explicit conduct or in the simulation of sexually explicit conduct for the purpose of producing any visual depiction of such conduct.
(2) No person shall, by any means including computer, photograph, film, video tape, cell phone or otherwise depict or record a child engaging in sexually explicit conduct or in the simulation of sexually explicit conduct.
(3) No person shall, by any means including computer or cell phone, knowingly send, transport, transmit, ship, mail or receive any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.
(4) No person shall, by any means including computer or cell phone, receive with intent to distribute, distribute for sale, sell or attempt to sell in any manner any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.
(5) No person shall, by any means including computer or cell phone, possess any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.
(6) No person shall, by any means including computer or cell phone, knowingly entice, induce, persuade, seduce, solicit, advise, coerce, or order a child to meet with the defendant or any other person for the purpose of engaging in sexually explicit conduct.
(7) No person shall by any means, including computer or cell phone, knowingly entice, induce, persuade, seduce, solicit, advise, coerce or order a child to produce any visual depiction of adult sexual conduct or any sexually explicit conduct.
(8) The fact that an undercover operative or law enforcement officer posed as a child or was involved in any other manner in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.
(9) For purposes of determining jurisdiction, the offense is committed in this state if all or part of the conduct described in this section occurs in the State of Mississippi or if the transmission that constitutes the offense either originates in this state or is received in this state.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.