MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane, England, Blackwell, Sparks, Moran, Seymour, Whaley, Chism, McCaughn, Branning, McLendon, Parker, Caughman, Hill, Tate, Barrett, Younger, McMahan

Senate Bill 2237

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 97-5-35, MISSISSIPPI CODE OF 1972, TO PROHIBIT SUSPENSION OF THE SENTENCE OF AN OFFENDER IN A CASE INVOLVING THE EXPLOITATION OF CHILDREN; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-5-35, Mississippi Code of 1972, is amended as follows:

     97-5-35.  Any person who violates any provision of Section 97-5-33 shall be guilty of a felony and upon conviction shall be fined not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00) and shall be imprisoned for not less than five (5) years nor more than forty (40) years.  Any person convicted of a second or subsequent violation of Section 97-5-33 shall be fined not less than One Hundred Thousand Dollars ($100,000.00) nor more than One Million Dollars ($1,000,000.00) and shall be confined in the custody of the Department of Corrections for life or such lesser term as the court may determine, but not less than twenty (20) years.  The five-year mandatory sentence shall not be reduced or suspended.  The person shall not be eligible for probation or parole notwithstanding any provision of law to the contrary.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.