Senate Bill 2089

AN ACT TO PROHIBIT THE DISPLAY OF ANY OBSCENE OR PATENTLY OFFENSIVE VIDEO OR DISC IN A MOTOR VEHICLE IN ANY MANNER VISIBLE TO OTHER DRIVERS; TO PRESCRIBE CRIMINAL PENALTIES FOR THE VIOLATION THEREOF; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For purposes of this act:

(a) "Obscene" means:

(i) The average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;

(ii) The average person applying contemporary community standards would find that the work depicts or describes, in a patently offensive way, sexual conduct; and

(iii) The work, taken as a whole, lacks serious literary, artistic, political or scientific value;

(b) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters.

(2) No obscene or patently offensive motion picture, film, movie, videotape, digital video disc or other pictorial representation shall be exhibited on a television, monitor or other viewing screen or surface located within or on a motor vehicle, in any manner visible to other drivers.

(3) The operator of a vehicle involved in a violation of subsection (2) shall, upon conviction, be fined not less than Two Dollars ($2.00) nor more than Fifty Dollars ($50.00) per each violation. A violation of this section shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73 or any other state law, be imposed or collected.

(4) It is the purpose of this act to avoid distracting other drivers and, thereby, to reduce the likelihood of accidents arising from lack of attention or concentration.

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