Senate Bill 2288

(As Passed the Senate)

AN ACT TO CRIMINALIZE THE UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE OR NONINTIMATE IMAGE OR AUDIO CREATED OR ALTERED BY DIGITIZATION WHERE THE IMAGE OR AUDIO IS DISSEMINATED OR PUBLISHED WITH INTENT TO CAUSE HARM TO THE EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE OF ANOTHER PERSON AND THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON DEPICTED DID NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION; TO DEFINE TERMS; TO PROVIDE THAT THE CRIMES INCLUDE THE USE OF IMAGES OR AUDIO CREATED OR ALTERED BY DIGITIZATION, WHERE SUCH PERSON MAY REASONABLY BE IDENTIFIED FROM THE IMAGE OR AUDIO ITSELF OR FROM INFORMATION DISPLAYED IN CONNECTION WITH THE IMAGE OR AUDIO; TO PROVIDE CRIMINAL PENALTIES; TO PROVIDE CERTAIN EXCEPTIONS TO THE CRIME; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For the purposes of this section, the following words shall have the meaning herein ascribed unless the context clearly requires otherwise:

(a) "Audio" means the transmission, reception or reproduction of sound.

(b) "Digitization" means to alter an image or audio in a realistic manner utilizing images or audio of a person, other than the person depicted, or utilizing computer-generated images or audio. "Digitization" includes the creation of an image or audio through the use of software, machine learning, artificial intelligence or any other computer-generated or technological means.

(c) "Disseminate" means to give, provide, lend, deliver, mail, send, forward, transfer or transmit, electronically or otherwise to another person.

(d) "Intimate part" means the naked genitals, pubic area, anus or female nipple of the person.

(e) "Image" means a still image or a video image with or without audio.

(f) "Publish" means to:

(i) Disseminate, as defined in paragraph (b) of this subsection, with the intent that such image or images be disseminated to ten (10) or more persons;

(ii) Disseminate with the intent that such images be sold by another person;

(iii) Post, present, display, exhibit, circulate, advertise or allows access, electronically or otherwise, so as to make an image or images available to the public; or

(iv) Disseminate with the intent that an image or images be posted, presented, displayed, exhibited, circulated, advertised or made accessible, electronically or otherwise and to make such image or images available to the public.

(g) "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, or sexual contact.

(h) "Sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

(2) A person is guilty of unlawful dissemination or publication of an intimate image or audio created or altered by digitization when:

(a) With intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes an image or audio created or altered by digitization depicting such other person with one or more intimate parts exposed or engaging in sexual conduct with another person, where such person may reasonably be identified from the image or audio itself or from information displayed in connection with the image or audio; and

(b) The actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication, including the dissemination or publication of an image or audio recording taken with the consent of the person depicted when such person had a reasonable expectation that the image or audio recording taken would remain private, regardless of whether the actor was present when such image or audio recording was taken.

(3) (a) Except as provided in paragraph (c) of this subsection, a person convicted of an offense under subsection (2) of this section who was over the age of twenty-one (21) at the time of the offense shall be guilty of a felony and, upon conviction, shall be punished as provided in Section 97-29-63 for the offense of photographing or filming another without permission where there is an expectation of privacy.

(b) Except as provided in paragraph (c) of this subsection, a person convicted of an offense under subsection (2) of this section who was under the age of twenty-one (21) at the time of the offense shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or by imprisonment for not more than one (1) year, or both.

(c) Any person who is convicted under subsection (2) of this section of a second or subsequent offense which arises from a separate nucleus of operative fact, at least thirty (30) days after the previous offense, shall be guilty of a felony and shall be punished by up to twice the penalty provided by this subsection.

(4) A person is guilty of unlawful dissemination or publication of an image or audio created or altered by digitization when:

(a) With intent to cause harm to the emotional, financial or physical welfare of another person, he or she intentionally disseminates or publishes an image or audio created or altered by digitization depicting such other person where such person may reasonably be identified from the image or audio itself or from information displayed in connection with the image; and

(b) The actor knew or reasonably should have known that the person depicted did not consent to such dissemination or publication.

(5) A person convicted of an offense under subsection (4) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) or by imprisonment for not more than one (1) year, or both.

(6) This section shall not apply to the following:

(a) The reporting of unlawful conduct;

(b) Dissemination or publication of an intimate image, image or audio made during lawful and common practices of law enforcement, legal proceedings or medical treatment;

(d) Dissemination or publication of an intimate image, image or audio made for a legitimate public purpose; or

(e) An internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under the control of that provider, including transmission, downloading, intermediate storage, access software, or other related capabilities.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.