Senate Bill 3088

(As Passed the Senate)

AN ACT TO AMEND SECTION 97-5-35, MISSISSIPPI CODE OF 1972, TO REVISE COMPUTATION OF SECOND OR SUBSEQUENT OFFENSE OF DEPICTING CHILD SEXUAL CONDUCT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-5-35, Mississippi Code of 1972, is amended as follows:

97-5-35. Any person who violates any provision of Section 97-5-33 shall be guilty of a felony and upon conviction shall be fined not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00) and shall be imprisoned for not less than five (5) years nor more than forty (40) years. Any person convicted of a second or subsequent violation of Section 97-5-33 or a violation which occurred in another state or under the jurisdiction of the United States, which, if committed in this state, would be deemed to be a violation of Section 97-5-33, without regard to its designation elsewhere, shall be fined not less than One Hundred Thousand Dollars ($100,000.00) nor more than One Million Dollars ($1,000,000.00) and shall be confined in the custody of the Department of Corrections for life or such lesser term as the court may determine, but not less than twenty (20) years.

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