MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A
By: Senator(s) Doty
AN ACT TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO INCLUDE COERCION AS A MEANS OF RAPE; TO AMEND SECTION 97-3-82, MISSISSIPPI CODE OF 1972, TO INCLUDE COERCION AS A MEANS OF EXTORTION; TO AMEND SECTION 97-3-95, MISSISSIPPI CODE OF 1972, TO INCLUDE COERCION AS A MEANS OF SEXUAL BATTERY; TO AMEND SECTION 97-3-97, MISSISSIPPI CODE OF 1972, TO DEFINE COERCION; TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR SEXUAL BATTERY COMMITTED BY MEANS OF COERCION; TO AMEND SECTION 97-29-61, MISSISSIPPI CODE OF 1972, TO INCLUDE COERCION AS A MEANS OF VOYEURISM; TO AMEND SECTION 97-29-63, MISSISSIPPI CODE OF 1972, TO INCLUDE COERCION AS A MEANS OF INDECENT FILMING OF ANOTHER; TO AMEND SECTION 97-45-1, MISSISSIPPI CODE OF 1972, TO DEFINE COERCION; TO AMEND SECTION 97-45-9, MISSISSIPPI CODE OF 1972, TO INCLUDE COERCION AS A MEANS OF THE COMMISSION OF INTELLECTUAL PROPERTY CRIMES; TO AMEND SECTION 97-45-15, MISSISSIPPI CODE OF 1972, TO INCLUDE COERCION AS A MEANS OF COMMITTING CERTAIN COMPUTER CRIMES; TO AMEND SECTION 45-33-23, MISSISSIPPI CODE OF 1972, TO EXPAND THE LIST OF REGISTRABLE OFFENSES TO INCLUDE COERCIVE SEXUAL CRIMES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-3-65, Mississippi Code of 1972, is amended as follows:
97-3-65. (1) The crime of statutory rape is committed when:
(a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:
(i) Is at least fourteen (14) but under sixteen (16) years of age;
(ii) Is thirty-six (36) or more months younger than the person; and
(iii) Is not the person's spouse; or
(b) A person of any age has sexual intercourse with a child who:
(i) Is under the age of fourteen (14) years;
(ii) Is twenty-four (24) or more months younger than the person; and
(iii) Is not the person's spouse.
(2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.
(3) Upon conviction for statutory rape, the defendant shall be sentenced as follows:
(a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
(b) If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense;
(c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;
(d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.
(4) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by coercion or by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.
(b) This subsection (4) shall apply whether the perpetrator is married to the victim or not.
(5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child.
(6) For the purposes of
this section * * *:
(a) "Sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female.
(b) "Coerce" or "coercion" means:
(i) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person;
(ii) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
(iii) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person;
(iv) Providing a controlled substance to a person for the purpose of compelling the person to engage in labor or sexual servitude against the person's will;
(v) Causing or threatening to cause financial harm to any person or using financial control over any person;
(vi) Abusing or threatening to abuse a position of power, the law, or legal process;
(vii) Using blackmail;
(viii) Using an individual's personal services as payment or satisfaction of a real or purported debt when: 1. the reasonable value of the services is not applied toward the liquidation of the debt; 2. the length of the services is not limited and the nature of the services is not defined; 3. the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 4. the individual is prevented from acquiring accurate and timely information about the disposition of the debt; or
(ix) Using any scheme, plan or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that the person or another person would suffer serious harm or physical restraint.
SECTION 2. Section 97-3-82, Mississippi Code of 1972, is amended as follows:
97-3-82. (1) For the purposes of this section the following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:
(a) "Obtain" means: (i) in relation to property, to bring about a transfer or purported transfer of a legal interest in, or physical possession of, the property, whether to the obtainer or another; or (ii) in relation to labor or service, or any reward, favor, or advantage of any kind, to secure performance thereof; or attempt to do (i) or (ii).
(b) "Property" means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, sexual acts and sexually explicit images, choses-in-action, reputation of a person and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power.
(c) "Property of another" includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.
(d) "Public official" means any person elected or appointed to any office, position or employment whereby the person is paid a fee or salary by the State of Mississippi or any political subdivision thereof or any agency or subdivision of the government of the United States, regardless of the source or sources of the funds for the payment.
(2) A person is guilty of extortion if he purposely obtains or attempts to obtain property of another, sexual acts or sexually explicit images, or any reward, favor, or advantage of any kind by threatening to inflict bodily injury on any person or by committing or threatening to commit any other criminal offense, violation of civil statute, or the public or private revelation of information not previously in the public domain for the purpose of humiliating or embarrassing the other person, without regard to whether the revelation otherwise constitutes a violation of a specific statute.
(3) (a) Except as provided in paragraph (d) of this subsection, any person, whether a public official or not, who commits the offense of extortion of property or things of value of another under the value of Five Hundred Dollars ($500.00) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not to exceed six (6) months.
(b) Except as provided in paragraph (d) of this subsection, any person, whether a public official or not, who commits the offense of extortion of property or things of value of another of the value of Five Hundred Dollars ($500.00) or more shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed fifteen (15) years.
(c) Except as provided in paragraph (d) of this subsection, any person, whether a public official or not, who commits the offense of extortion in order to obtain any intangible reward, favor or advantage to which no monetary value is normally given shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed fifteen (15) years.
(d) Any public official acting in his official capacity or under color of his office who commits the offense of extortion in order to obtain any intangible reward, favor or advantage to which no monetary value is normally given, or who commits the offense of extortion of tangible property, regardless of the value of the property, shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the custody of the Department of Corrections for a term not less than two (2) nor more than twenty (20) years.
(e) Any person, whether a public official or not, who commits the offense of extortion in order to obtain any sexual acts or sexually explicit images shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed fifteen (15) years.
SECTION 3. Section 97-3-95, Mississippi Code of 1972, is amended as follows:
97-3-95. (1) A person is guilty of sexual battery if he or she engages in sexual penetration with:
(a) Another person without his or her consent;
(b) A mentally defective, mentally incapacitated or physically helpless person;
(c) A child at least
fourteen (14) but under sixteen (16) years of age, if the person is thirty-six
(36) or more months older than the child; * * *
(d) A child under the
age of fourteen (14) years of age, if the person is twenty-four (24) or more
months older than the child * * *; or
(e) Another person by using coercion.
(2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of eighteen (18) years if the person is in a position of trust or authority over the child including, without limitation, the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.
SECTION 4. Section 97-3-97, Mississippi Code of 1972, is amended as follows:
97-3-97. For purposes of Sections 97-3-95 through 97-3-103 the following words shall have the meaning ascribed herein unless the context otherwise requires:
(a) "Sexual penetration" includes cunnilingus, fellatio, buggery or pederasty, any penetration of the genital or anal openings of another person's body by any part of a person's body, and insertion of any object into the genital or anal openings of another person's body.
(b) A "mentally defective person" is one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct.
(c) A "mentally incapacitated person" is one rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or other substance administered to that person without his or her consent.
(d) A "physically helpless person" is one who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act.
(e) "Coerce" or "coercion" means:
(i) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person;
(ii) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
(iii) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person;
(iv) Providing a controlled substance to a person for the purpose of compelling the person to engage in labor or sexual servitude against the person's will;
(v) Causing or threatening to cause financial harm to any person or using financial control over any person;
(vi) Abusing or threatening to abuse a position of power, the law, or legal process;
(vii) Using blackmail;
(viii) Using an individual's personal services as payment or satisfaction of a real or purported debt when: 1. the reasonable value of the services is not applied toward the liquidation of the debt; 2. the length of the services is not limited and the nature of the services is not defined; 3. the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 4. the individual is prevented from acquiring accurate and timely information about the disposition of the debt; or
(ix) Using any scheme, plan or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that the person or another person would suffer serious harm or physical restraint.
SECTION 5. Section 97-3-101, Mississippi Code of 1972, is amended as follows:
97-3-101. (1) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(a), (b), (e) or (2) shall be imprisoned in the State Penitentiary for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the Penitentiary for not more than forty (40) years.
(2) (a) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is at least eighteen (18) but under twenty-one (21) years of age shall be imprisoned for not more than five (5) years in the State Penitentiary or fined not more than Five Thousand Dollars ($5,000.00), or both;
(b) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is twenty-one (21) years of age or older shall be imprisoned not more than thirty (30) years in the State Penitentiary or fined not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense.
(3) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(d) who is eighteen (18) years of age or older shall be imprisoned for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years.
(4) Every person who shall be convicted of sexual battery who is thirteen (13) years of age or older but under eighteen (18) years of age shall be sentenced to such imprisonment, fine or other sentence as the court, in its discretion, may determine.
SECTION 6. Section 97-29-61, Mississippi Code of 1972, is amended as follows:
97-29-61. (1) (a) Any person who enters upon real property, whether the original entry is legal or not, and thereafter pries or peeps through a window or other opening in a dwelling or other building structure for the lewd, licentious and indecent purpose of spying upon the occupants thereof, shall be guilty of a felonious trespass.
(b) Any person who looks through a window, hole or opening, or otherwise views by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, drones, camera, motion-picture camera, camcorder or mobile phone, into the interior of a bedroom, bathroom, changing room, fitting room, dressing room, spa, massage room or therapy room or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside and without the consent or knowledge of every person present, for the lewd, licentious and indecent purpose of spying upon the occupant or occupants thereof, shall be guilty of a felony.
(2) (a) Except as provided
in paragraph (b) of this subsection, a person * * * who is convicted of a violation of subsection (1) of
this section shall be imprisoned in the custody of the Department of
Corrections not more than five (5) years.
(b) When one or more occupants spied upon is a child under sixteen (16) years of age, a person who was over the age of twenty-one (21) at the time of the offense who is convicted of a violation of subsection (1) of this section shall be imprisoned in the custody of the Department of Corrections not more than ten (10) years.
(3) (a) Any person who coerces another person to allow the actor to view the sexual or other intimate parts of the body of another person is guilty of felonious coercive viewing.
(b) For the purposes of this subsection, "coerce" or "coercion" or "coercive" means:
(i) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person;
(ii) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
(iii) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person;
(iv) Providing a controlled substance to a person for the purpose of compelling the person to engage in labor or sexual servitude against the person's will;
(v) Causing or threatening to cause financial harm to any person or using financial control over any person;
(vi) Abusing or threatening to abuse a position of power, the law, or legal process;
(vii) Using blackmail;
(viii) Using an individual's personal services as payment or satisfaction of a real or purported debt when: 1. the reasonable value of the services is not applied toward the liquidation of the debt; 2. the length of the services is not limited and the nature of the services is not defined; 3. the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 4. the individual is prevented from acquiring accurate and timely information about the disposition of the debt; or
(ix) Using any scheme, plan or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that the person or another person would suffer serious harm or physical restraint.
(c) A person who is convicted of a violation of this subsection (3) shall be imprisoned in the custody of the Department of Corrections not more than five (5) years.
SECTION 7. Section 97-29-63, Mississippi Code of 1972, is amended as follows:
97-29-63. (1) (a) It is a
felony for any person with lewd, licentious or indecent intent to photograph,
film, videotape, record or otherwise * * * reproduce the image of
another person without the permission of the other person when the other person
is located in a place where a person would intend to be in a state of undress
and have a reasonable expectation of privacy, including, but not limited to,
private dwellings or any facility, public or private, used as a restroom,
bathroom, shower room, tanning booth, locker room, fitting room, dressing room
or bedroom shall be guilty of a felony.
(b) (i) It is a felony for any person to invade the privacy of another person and with lewd, licentious or indecent intent to photograph, film, videotape, record or otherwise reproduce the image of another, identifiable person under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, the other person without the consent or knowledge of the other person and under circumstances in which the other person has a reasonable expectation that the other person's body or undergarments would not be viewed or would not be the subject of a reproduced image.
(ii) It is a felony for any person with lewd, licentious or indecent intent to coerce another person to allow the actor to photograph, film, videotape, record or otherwise reproduce the image of another, identifiable person under or through the clothing being worn by that other person for the purpose of viewing the body of, or the undergarments worn by, the other person.
(c) For the purposes of this subsection, "coerce" or "coercion" or "coercive" means:
(i) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person;
(ii) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
(iii) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person;
(iv) Providing a controlled substance to a person for the purpose of compelling the person to engage in labor or sexual servitude against the person's will;
(v) Causing or threatening to cause financial harm to any person or using financial control over any person;
(vi) Abusing or threatening to abuse a position of power, the law, or legal process;
(vii) Using blackmail;
(viii) Using an individual's personal services as payment or satisfaction of a real or purported debt when: 1. the reasonable value of the services is not applied toward the liquidation of the debt; 2. the length of the services is not limited and the nature of the services is not defined; 3. the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 4. the individual is prevented from acquiring accurate and timely information about the disposition of the debt; or
(ix) Using any scheme, plan or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that the person or another person would suffer serious harm or physical restraint.
(2) (a) Except as provided
in paragraph (b) of this subsection, a person * * * who is convicted of a violation of subsection (1) of
this section shall be punished by a fine of Five Thousand Dollars ($5,000.00)
or by imprisonment of not more than five (5) years in the custody of the
Department of Corrections, or both.
(b) Where the person who is secretly photographed, filmed, videotaped or otherwise reproduced is a child under sixteen (16) years of age, a person who was over the age of twenty-one (21) at the time of the offense who is convicted of a violation of subsection (1) of this section shall be punished by a fine of Five Thousand Dollars ($5,000.00) or by imprisonment of not more than ten (10) years in the custody of the Department of Corrections, or both.
SECTION 8. Section 97-45-1, Mississippi Code of 1972, is amended as follows:
97-45-1. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Access" means to program, to execute programs on, to communicate with, store data in, retrieve data from or otherwise make use of any resources, including data or programs, of a computer, computer system or computer network.
(b) "Coerce" or "coercion" or "coercive" means:
(i) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person;
(ii) Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
(iii) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person;
(iv) Providing a controlled substance to a person for the purpose of compelling the person to engage in labor or sexual servitude against the person's will;
(v) Causing or threatening to cause financial harm to any person or using financial control over any person;
(vi) Abusing or threatening to abuse a position of power, the law, or legal process;
(vii) Using blackmail;
(viii) Using an individual's personal services as payment or satisfaction of a real or purported debt when: 1. the reasonable value of the services is not applied toward the liquidation of the debt; 2. the length of the services is not limited and the nature of the services is not defined; 3. the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 4. the individual is prevented from acquiring accurate and timely information about the disposition of the debt; or
(ix) Using any scheme, plan or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that the person or another person would suffer serious harm or physical restraint.
( * * *c) "Computer" includes an
electronic, magnetic, optical or other high-speed data processing device or
system performing logical arithmetic and storage functions and includes any
property, data storage facility or communications facility directly related to
or operating in conjunction with such device or system. "Computer"
shall not include an automated typewriter or typesetter, a machine designed
solely for word processing which contains no database intelligence or a
portable hand-held calculator nor shall "computer" include any other
device which contains components similar to those in computers but in which the
components have the sole function of controlling the device for the single
purpose for which the device is intended unless the thus controlled device is a
processor of data or is a storage of intelligence in which case it too is
included.
( * * *d) "Computer network" means
a set of related, remotely connected devices and communication facilities
including at least one (1) computer system with the capability to transmit data
through communication facilities.
( * * *e) "Computer program" means
an ordered set of data representing coded instructions or statements that when
executed by a computer cause the computer to process data.
( * * *f) "Computer software" means
a set of computer programs, procedures and associated documentation concerned
with operation of a computer system.
( * * *g) "Computer system" means a
set of functionally related, connected or unconnected, computer equipment,
devices or computer software.
( * * *h) "Computer services" means
providing access to or service or data from a computer, a computer system or a
computer network and includes the actual data processing.
( * * *i) "Credible threat" means a
threat made with the intent and the apparent ability to carry out the threat so
as to cause the person who is the target of the threat to reasonably fear for
his or her safety.
( * * *j) "Loss or damage" includes
any reasonable cost to any victim, including the cost of responding to an
offense, conducting a damage assessment, and restoring the data, program,
system, or information to its condition prior to the offense, and any revenue
lost, cost incurred or other consequential damages incurred because of
interruption of service.
( * * *k) "Device" includes, but is
not limited to, an electronic, magnetic, electrochemical, biochemical,
hydraulic, optical, or organic object that performs input, output, or storage
functions by the manipulation of electronic, magnetic or other impulses.
( * * *l) "Electronic
communication" means any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature, transmitted in whole or in part by
a wire, radio, computer, electromagnetic, photoelectric or photo-optical
system.
( * * *m) "Electronic mail" means
the transmission of information or communication by the use of the Internet, a
computer, a facsimile machine, a pager, a cellular telephone, a video recorder
or other electronic means sent to a person identified by a unique address or
address number and received by that person.
( * * *n) "Emotional distress"
means significant mental suffering or distress that may, but does not
necessarily, require medical or other professional treatment or counseling.
( * * *o) "Financial instrument"
means any check, draft, money order, certificate of deposit, letter of credit,
bill of exchange, credit card as defined in Section 97-19-9(b), Mississippi
Code of 1972, or marketable security.
( * * *p) "Financial transaction
device" means any of the following:
(i) An electronic funds transfer card.
(ii) A credit card.
(iii) A debit card.
(iv) A point-of-sale card.
(v) Any instrument, device, card, plate, code, account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or state identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes.
1. Obtaining money, cash refund or credit account credit, goods, services or any other thing of value.
2. Certifying or guaranteeing to a person or business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
3. Providing the device holder access to a deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account or making an electronic funds transfer.
( * * *q) "Intellectual property"
includes data, computer programs, computer software, trade secrets, copyrighted
materials, sexually explicit images, and confidential or proprietary
information in any form or medium when such is stored in, produced by or
intended for use or storage with or in a computer, a computer system or a
computer network.
( * * *r) "Internet" means that
term as defined in Section 230 of Title II of the Communications Act of 1934,
Chapter 652, 110 Stat. 137, 47 USCS 230.
( * * *s) "Medical records"
includes, but is not limited to, medical and mental health histories, reports,
summaries, diagnoses and prognoses, treatment and medication information,
notes, entries, and x-rays and other imaging records.
( * * *t) "Personal identity
information" means any of the following information of another person:
(i) A social security number.
(ii) A driver's license number or state personal identification card number.
(iii) Employment information.
(iv) Information regarding any financial account held by another person including, but not limited to, any of the following:
1. A savings or checking account number.
2. A financial transaction device account number.
3. A stock or other security certificate or account number.
4. A personal information number for an account described in items 1 through 4.
( * * *u) "Post a message" means
transferring, sending, posting, publishing, disseminating, or otherwise
communicating or attempting to transfer, send, post, publish, disseminate or
otherwise communicate information, whether truthful or untruthful, about the
victim.
( * * *v) "Property" means property
as defined in Section 1-3-45, Mississippi Code of 1972, and shall specifically
include, but not be limited to, financial instruments, electronically stored or
produced data and computer programs, whether in machine readable or human
readable form.
( * * *w) "Proper means" includes:
(i) Discovery by independent invention;
(ii) Discovery by "reverse engineering"; that is, by starting with the known product and working backward to find the method by which it was developed. The acquisition of the known product must be by lawful means;
(iii) Discovery under license or authority of the owner;
(iv) Observation of the property in public use or on public display; or
(v) Discovery in published literature.
( * * *x) "Unconsented contact"
means any contact with another individual that is initiated or continued
without that individual's consent or in disregard of that individual's
expressed desire that the contact be avoided or discontinued. Unconsented
contact includes any of the following:
(i) Following or appearing within sight of the victim.
(ii) Approaching or confronting the victim in a public place or on private property.
(iii) Appearing at the victim's workplace or residence.
(iv) Entering onto or remaining on property owned, leased or occupied by the victim.
(v) Contacting the victim by telephone.
(vi) Sending mail or electronic communications to the victim through the use of any medium, including the Internet or a computer, computer program, computer system or computer network.
(vii) Placing an object on, or delivering or having delivered an object to, property owned, leased or occupied by the victim.
( * * *y) "Use" means to make use
of, to convert to one's service, to avail oneself of or to employ. In the
context of this act, "use" includes to instruct, communicate with,
store data in or retrieve data from, or otherwise utilize the logical
arithmetic or memory functions of a computer.
( * * *z) "Victim" means the
individual who is the target of the conduct elicited by the posted message or a
member of that individual's immediate family.
SECTION 9. Section 97-45-9, Mississippi Code of 1972, is amended as follows:
97-45-9. (1) An offense against intellectual property is the intentional:
(a) Destruction,
insertion or modification, without consent, of intellectual property; * * *
(b) Disclosure, use,
copying, taking or accessing, without consent, of intellectual property * * *; or
(c) Disclosure, use, copying, taking or accessing of intellectual property by means of coercion.
(2) Whoever commits an offense against intellectual property when the damage or loss or attempted damage or loss amounts to a value of less than One Thousand Dollars ($1,000.00) may be punished, upon conviction, by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than six (6) months in the county jail, or by both, if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both. The total value of property taken, stolen or carried away by the person from a single victim shall be aggregated in determining the gravity of the offense. Any person convicted of a third or subsequent offense under this subsection where the value of the property is not less than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years or fined an amount not exceeding One Thousand Dollars ($1,000.00), or by both.
(3) Whoever commits an offense against intellectual property when the damage or loss amounts to a value of One Thousand Dollars ($1,000.00) or more, but less than Five Thousand Dollars ($5,000.00), or involves sexually explicit images, the offender may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
(4) Whoever commits an offense against intellectual property when the damage or loss amounts to a value of Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than ten (10) years, or by both such fine and imprisonment.
(5) Whoever commits an offense against intellectual property when the damage or loss amounts to a value of Twenty-five Thousand Dollars ($25,000.00) or more, may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than twenty (20) years, or by both such fine and imprisonment.
(6) The provisions of this section shall not apply to the disclosure, use, copying, taking, or accessing by proper means as defined in this chapter.
SECTION 10. Section 97-45-15, Mississippi Code of 1972, is amended as follows:
97-45-15. (1) It is unlawful for a person to:
(a) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting sexual acts, sexually explicit images, money or other things of value from any person.
(b) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing any person.
(c) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify or harass.
(d) Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(2) Whoever commits the offense of cyberstalking shall be punished, upon conviction:
(a) Except as provided herein, the person is guilty of a felony punishable by imprisonment for not more than two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(b) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both:
(i) The offense is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.
(ii) The offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release or a condition of release on bond pending appeal.
(iii) The offense results in a credible threat being communicated to the victim, a member of the victim's family, or another individual living in the same household as the victim.
(iv) The person has been previously convicted of violating this section or a substantially similar law of another state, a political subdivision of another state, or of the United States.
(v) The offense involves sexual acts or sexually explicit images.
(3) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including speech, protest or assembly.
SECTION 11. Section 45-33-23, Mississippi Code of 1972, is amended as follows:
45-33-23. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Conviction" means that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court-martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, a conviction in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) Public Law 109-248.
(b) "Department" means the Mississippi Department of Public Safety unless otherwise specified.
(c) "Jurisdiction" means any court or locality including any state court, federal court, military court, Indian tribunal or foreign court, the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and Indian tribes that elect to function as registration jurisdictions under Title 1, SORNA Section 127 of the Adam Walsh Child Safety Act.
(d) "Permanent residence" means a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.
(e) "Registration" means providing information to the appropriate agency within the time frame specified as required by this chapter.
(f) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints and biological sample of the registrant. Biological samples are to be forwarded to the Mississippi Forensics Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety immediately.
(g) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.
(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For a sex offender in the custody of the youth court, the responsible agency is the youth court.
(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of the facility shall notify the Department of Public Safety before the offender's release.
(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.
(h) "Sex offense" or "registrable offense" means any of the following offenses:
(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);
(ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(viii) Section 97-5-33 relating to the exploitation of children;
(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(x) Section 97-29-3 relating to sexual intercourse between teacher and student;
(xi) Section 97-29-59 relating to unnatural intercourse;
(xii) Section 43-47-18 relating to sexual abuse of a vulnerable person;
(xiii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c);
(xiv) Section 97-29-61(2)
relating to voyeurism * * *;
(xv) Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;
(xvi) Section 97-29-45(1)(a) relating to obscene electronic communication;
(xvii) Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;
(xviii) Section 97-5-39(1)(e) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;
(xix) Section 97-29-51 relating to procuring or promoting prostitution when the victim is a child under eighteen (18) years of age;
(xx) Sex-related offenses under Section 97-3-82 relating to extortion;
(xxi) Sex-related offenses under Section 97-45-9 relating to offenses against intellectual property;
(xxii) Section 97-45-15 relating to cyberstalking;
(xxiii) Section 97-1-7 relating to attempt to commit any of the offenses referenced in this paragraph (h);
( * * *xxiv) Any other offense resulting in
a conviction in another jurisdiction which, if committed in this state, would
be deemed to be such a crime without regard to its designation elsewhere;
( * * *xxv) Any offense resulting in a
conviction in another jurisdiction for which registration is required in the
jurisdiction where the conviction was had;
( * * *xxvi) Any conviction of conspiracy
to commit, accessory to commission, or attempt to commit any offense listed in
this section;
( * * *xxvii) Capital murder when one (1)
of the above-described offenses is the underlying crime.
(i) "Temporary residence" is defined as any place where the person abides, lodges, or resides for a period of seven (7) or more consecutive days which is not the person's permanent residence.
SECTION 12. The following listed offenses shall be subject to sentencing to twice the maximum term of imprisonment prescribed for the offense under the following conditions:
(a) If the defendant bore the relationship to the victim of:
(i) A current or former spouse of the defendant or a child of that person;
(ii) A person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person;
(iii) A parent, grandparent, child, grandchild or someone similarly situated to the defendant;
(iv) A person who has a current or former dating relationship with the defendant; or
(v) A person with whom the defendant has had a biological or legally adopted child; and
(b) The offense involved coercion to obtain sexual acts or sexually explicit images under one or more of the following statutes:
(i) Section 97-3-65 relating to rape;
(ii) Section 97-3-82 relating to extortion;
(iii) Section 97-3-95 relating to sexual battery;
(iv) Section 97-29-61 relating to voyeurism;
(v) Section 97-3-63 relating to filming of another person;
(vi) Section 97-45-9 relating to intellectual property crimes;
(vii) Section 97-45-15 relating to computer crimes.
SECTION 13. This act shall take effect and be in force from and after July 1, 2017.