House Bill 1115

AN ACT TO AMEND SECTION 97-29-64, MISSISSIPPI CODE OF 1972, TO INCLUDE MATERIAL THAT HAS BEEN EDITED, ALTERED OR OTHERWISE MANIPULATED FROM ITS ORIGINAL FORM IN THE DEFINITION OF "VISUAL MATERIAL" FOR THE CRIMINAL OFFENSE OF DISCLOSING INTIMATE VISUAL MATERIALS; TO AMEND SECTION 97-29-64.1, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON FROM CREATING, RECORDING OR ALTERING VISUAL MATERIAL DEPICTING ANOTHER INDIVIDUAL WITH THE DEPICTED INDIVIDUAL'S INTIMATE PARTS EXPOSED OR ENGAGED IN SEXUAL CONDUCT WITHOUT THE CONSENT OF THE DEPICTED INDIVIDUAL; TO EXEMPT A DEVELOPER OR PROVIDER OF TECHNOLOGY FROM LIABILITY SOLELY FOR PROVIDING OR DEVELOPING TECHNOLOGY USED BY ANOTHER PERSON OR ENTITY TO CREATE, RECORD OR ALTER PROHIBITED VISUAL MATERIAL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-29-64, Mississippi Code of 1972, is amended as follows:

97-29-64. As used in this section and Section 97-29-64.1:

(a) "Intimate parts" means the naked genitals, pubic area, anus, buttocks or female nipple of * * *~~a person~~ an individual.

(b) "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit or advertise or to offer or agree to promote.

(c) "Sexual conduct" means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation or sadomasochistic abuse.

(d) "Simulated" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which * * *~~a person~~ an individual engaging in the conduct exhibits any uncovered portion of the genitals, buttocks or female nipple.

(e) "Visual material" means:

(i) Any film, photograph, videotape, negative or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative or slide depicting an individual who is identifiable from the visual material itself or nature of its transmission engaged in sexual conduct as defined in this section; or

(ii) Any disk, diskette or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method depicting an individual who is identifiable from the visual material itself or nature of its transmission engaged in sexual conduct as defined in this section.

The term "visual material" includes material described in subparagraphs (i) and (ii) of this paragraph (e) that has been edited, altered or otherwise manipulated from its original form. The term "visual material" further includes material described in subparagraphs (i) and (ii) that a reasonable person would believe actually depicts an identifiable individual, regardless of whether any portion of the recording depicts another individual or is artificially generated.

SECTION 2. Section 97-29-64.1, Mississippi Code of 1972, is amended as follows:

97-29-64.1. (1) A person commits an offense if:

(a) Without the effective consent of the depicted * * *~~person~~ individual and with the intent to harm the depicted * * *~~person~~ individual, the offender:

(i) Discloses visual material depicting another * * *~~person~~ individual with the depicted * * *~~person's~~ individual's intimate parts exposed or engaged in sexual conduct; or

(ii) Creates, records or alters visual material depicting another individual with the depicted individual's intimate parts exposed or engaged in sexual conduct;

(b) At the time of the disclosure, creation, recording or alteration, the offender knows or has reason to believe that the visual material was obtained by the offender or created, recorded or altered under circumstances in which the depicted * * *~~person~~ individual had a reasonable expectation that the visual material would remain private;

(c) The disclosure, creation, recording or alteration of the visual material causes harm to the depicted * * *~~person~~ individual; and

(d) The disclosure, creation, recording or alteration of the visual material reveals the identity of the depicted * * *~~person~~ individual in any manner, including through:

(i) Any accompanying or subsequent information or material related to the visual material; or

(ii) Information or material provided by a third party in response to the disclosure, creation, recording or alteration of the visual material.

(2) A person commits an offense if the offender intentionally threatens to disclose, without the consent of the depicted * * *~~person~~ individual, visual material depicting another * * *~~person~~ individual with the depicted * * *~~person's~~ individual's intimate parts exposed or engaged in sexual conduct and the offender makes the threat to obtain a benefit:

(a) In return for not making the disclosure; or

(b) In connection with the threatened disclosure.

(3) A person commits an offense if, knowing the character and content of the visual material, the offender promotes visual material described by subsection (1) of this section on an internet website or other forum for publication that is owned or operated by the offender.

(4) It is not a defense to prosecution under this section that the depicted * * *~~person~~ individual:

(a) Created or consented to the creation of the visual material; or

(b) Voluntarily transmitted the visual material to the actor.

(5) It is an affirmative defense to prosecution under subsection (1) or (3) of this section that:

(a) The disclosure or promotion is made in the course of:

(i) Lawful and common practices of law enforcement or medical treatment;

(ii) Reporting unlawful activity; or

(iii) A legal proceeding, if the disclosure or promotion is permitted or required by law; or

(b) The disclosure or promotion consists of visual material depicting in a public or commercial setting only * * *~~a person's~~ an individual's voluntary exposure of:

(i) The * * *~~person's~~ individual's intimate parts; or

(ii) The * * *~~person~~ individual engaging in sexual conduct.

(6) Where content is provided by another person or entity, nothing in this section shall be construed to impose criminal liability on the following:

(a) An Internet service provider, search engine or cloud service provider, or an affiliate or subsidiary of an Internet service provider, search engine or cloud service provider, solely for providing access or connection to or from a website, other information or content on the Internet, or a facility, system or network not under the control of the provider, including, but not limited to, the transmission, download or intermediate storage of visual material;

(b) An interactive computer service, as defined in 47 USC Section 230;

(d) A telecommunications service, information service or mobile service, as defined in 47 USC Section 153, including a commercial mobile service, as defined in 47 USC Section 332(d); * * * or

(e) A cable operator, as defined in 47 USC Section 522 * * *.; or

(f) A developer or provider of technology solely for providing or developing technology used by another person or entity to violate this section.

(7) (a) A first offense under this section is a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.

(b) A second or subsequent violation of this section is a felony and, upon conviction, shall be punished by imprisonment not exceeding one (1) year or by a fine not exceeding Two Thousand Dollars ($2,000.00), or both.

(c) Notwithstanding paragraphs (a) and (b) of this subsection, any offense under this section committed for financial profit shall constitute a felony and, upon conviction, shall be punished by imprisonment not exceeding one (1) year or by fine not exceeding Two Thousand Dollars ($2,000.00), or both.

(8) A person shall be subject to prosecution in this state for any conduct made unlawful by this section which the person engages in while:

(a) Either within or outside of this state if, by such conduct, the person commits a violation of this section which involves an individual who resides in this state; or

(b) Within this state if, by such conduct, the person commits a violation of this section which involves an individual who resides within or outside this state.

(9) The provisions of this section are supplementary to the provisions of any other statute of this state. If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.