House Bill 1196

(As Sent to Governor)

AN ACT TO ENACT WALKER'S LAW TO CREATE THE OFFENSE OF SEXUAL EXTORTION; TO DEFINE TERMS; TO CREATE THE OFFENSE OF SEXUAL EXTORTION AND AGGRAVATED SEXUAL EXTORTION; TO CREATE THE OFFENSE OF MISDEMEANOR SEXUAL EXTORTION WHEN THE OFFENDER IS A MINOR; TO PROVIDE CRIMINAL PENALTIES FOR THE OFFENSES; TO DEFINE PROPER CRIMINAL VENUE FOR THE PROSECUTION OF OFFENSES CREATED UNDER THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as "Walker's Law."

SECTION 2. As used in this section, the following words have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Adult" means a person eighteen (18) years or older.

(b) "Minor" means any person under eighteen (18) years of age at the time of the alleged offense.

(c) "Great bodily injury" means bodily injury which causes a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

(d) "Private image" means an image depicting sexually explicit nudity, sexual activity, sexual conduct as defined in Section 97-29-64, sexually explicit conduct as defined in Section 97-5-31, or sexual intercourse as defined in Section 97-3-65.

(e) "Image" means a photograph, film, videotape, recording, live transmission, digital or computer-generated visual depiction, or any other reproduction made by electronic, mechanical or other means.

(f) "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.

(g) "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.

(h) "Disclose" means exhibit, transfer, publicize, distribute or reproduce.

(i) "Vulnerable person" has the same meaning as in Section 43-47-5.

SECTION 3. A person commits the offense of sexual extortion if the person intentionally threatens, including through the use of electronic mail or electronic communication, to release, exhibit or distribute a private image of another in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his or her will, with the intent to obtain an additional private image or anything else of value. Notwithstanding provisions of this act to the contrary, a person convicted of sexual extortion shall be imprisoned:

(a) Not more than five (5) years for a first offense;

(b) Not more than ten (10) years for a second offense; or

SECTION 4. (1) A person commits the offense of aggravated sexual extortion if the person intentionally threatens, including through the use of electronic mail or electronic communication, to release, exhibit or distribute a private image of another in order to compel or attempt to compel the victim to do any act or refrain from doing any act against his or her will, with the intent to obtain an additional private image or anything else of value, and either:

(a) The victim is a minor or vulnerable person, and the person convicted of sexual extortion is an adult; or

(b) The victim suffers great bodily injury or death, and the appropriate court finds beyond a reasonable doubt that the sexual extortion of the victim was the proximate cause of the great bodily injury or death.

(2) A person convicted of aggravated sexual extortion shall be imprisoned not more than fifteen (15) years.

SECTION 5. The youth court may order as a condition of sentencing behavioral health counseling from an appropriate agency or provider for any juvenile adjudicated under this act.

SECTION 6. For the purposes of venue under the provisions of this section, any violation of this section may be prosecuted in the county in which the communication originated, the county in which the communication was made, the county in which the communication was received or the county in which any act in execution or furtherance of the scheme occurred.

SECTION 7. This act shall take effect and be in force from and after July 1, 2024.