House Bill 26

AN ACT TO AMEND SECTION 97-29-31, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR INDECENT EXPOSURE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-29-31, Mississippi Code of 1972, is amended as follows:

97-29-31. A person who willfully and lewdly exposes his person, or private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, is guilty of a misdemeanor and, on conviction for a first offense, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or be imprisoned not exceeding six (6) months, or both. Upon conviction for a second offense, such person shall be guilty of a misdemeanor and shall be punished by a fine of not less than Six Hundred Dollars ($600.00) nor more than One Thousand Dollars ($1,000.00) or shall be imprisoned not exceeding one (1) year, or both. Upon conviction of a third or subsequent offense, such person shall be guilty of a felony and shall be punished not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned for not less than one (1) year nor more than five (5) years in the State Penitentiary.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.