MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary B

By: Representatives Fredericks, Cockerham, Johnson, Lane, Thomas

House Bill 643

AN ACT TO CREATE THE CRIMINAL OFFENSE OF THE USE OF CELLULAR OR ELECTRONIC DEVICES THAT SHOWS MINORS UNDER THE AGE OF EIGHTEEN IN A STATE OF NUDITY; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  No person, by use of any cellular or electronic communication device, including, but not limited to, a cellular telephone, shall knowingly create, receive, exchange, send, or possess a photograph, video, or other material that shows a child under the age of eighteen (18) in a state of nudity.

     (2)  It is no defense to a charge under this section that a person under the age of eighteen (18) creates, receives, exchanges, sends, or possesses a photograph, video, or other material that shows himself or herself in a state of nudity.

     (3)  "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.

     (4)  A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or be imprisoned not exceeding six (6) months, or both.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2010.