Senate Bill 2784

AN ACT TO PROVIDE THAT A PERSON COMMITS DEFAMATION WHEN HE OR SHE CAUSES AN UNKNOWING PERSON WRONGFULLY TO BE IDENTIFIED AS THE PERSON IN AN OBSCENE DEPICTION; TO ENACT DEFINITIONS; TO PROVIDE FOR PENALTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the following terms shall have the meanings ascribed:

(a) "Nudity" means a state of undress so as to expose the human male or female genitals, pubic area or buttocks, with or without a translucent covering, or the showing of the female breasts, with or without a translucent covering, of any portion thereof below the top of the nipple.

(b) "Obscene depiction" means a visual depiction of an individual that displays nudity or sexual conduct.

(c) "Sexual conduct" means actual or simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is female, breasts.

(2) A person commits the offense of defamation if the person intentionally causes an unknowing person wrongfully to be identified as appearing in an obscene depiction in such a manner that a reasonable person would conclude that the image depicted was that of the person wrongfully identified. Such identification shall include, without limitation, a person's name, address, telephone number, or e-mail address. Such identification shall also include the electronic imposition of the facial image of a person onto an obscene depiction.

(3) A person convicted of violating subsection (2) of this section is guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year, or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.