House Bill 190

AN ACT TO AMEND SECTION 97-45-15, MISSISSIPPI CODE OF 1972, TO ADD CERTAIN SOCIAL MEDIA COMMUNICATIONS TO THE CRIME OF CYBERSTALKING; TO AMEND SECTION 95-1-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF ACTIONABLE COMMUNICATIONS; TO AMEND SECTION 95-1-5 AND 97-45-23, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-45-15, Mississippi Code of 1972, is amended as follows:

97-45-15. (1) It is unlawful for a person to:

(a) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.

(b) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing any person.

(c) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify or harass.

(d) Use in electronic mail, social media or electronic communication any inflammatory misleading words or language on a continuous basis that accuse, allege or speculate unlawful or immoral behavior by a person in any manner that results in loss of employment or loss of income for the person.

( * * *de) Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.

(2) Whoever commits the offense of cyberstalking shall be punished, upon conviction:

(a) Except as provided herein, the person is guilty of a felony punishable by imprisonment for not more than two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

(b) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both:

(i) The offense is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.

(ii) The offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release or a condition of release on bond pending appeal.

(iii) The offense results in a credible threat being communicated to the victim, a member of the victim's family, or another individual living in the same household as the victim.

(iv) The person has been previously convicted of violating this section or a substantially similar law of another state, a political subdivision of another state, or of the United States.

(3) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including speech, protest or assembly.

SECTION 2. Section 95-1-1, Mississippi Code of 1972, is amended as follows:

95-1-1. All words which, from their usual construction and common acceptation, are considered as insults, misrepresentations and calculated to lead to a breach of the peace or termination of employment, shall be actionable; and a plea, exception or demurrer shall not be sustained to preclude a jury from passing thereon, who are the sole judges of the damages sustained; but this shall not deprive the courts of the power to grant new trials, as in other cases.

SECTION 3. Section 95-1-5, Mississippi Code of 1972, is amended as follows:

95-1-5. (1) Before any civil action is brought for publication, in * * *a any newspaper * * *, social media website, electronic mail or electronic communication any words or language so as to be subject to the jurisdiction of the courts of this state, of a libel, slander or against any person, radio or television station domiciled in this state, the plaintiff shall, at least ten (10) days before instituting any such action, serve notice in writing on the defendant at its regular place of business, specifying the article, broadcast or telecast, and the statements therein, which he alleges to be false and defamatory.

(2) If it appears upon the trial that * * *~~said~~ the article, social media or electronic communication was published, broadcast or telecast in good faith, that its falsity was due to an honest mistake of the facts, and there were * * *~~reasonable grounds for believing~~ some evidence to believe that the statements in * * *~~said~~ the article, broadcast or telecast were true, and that within ten (10) days after the service of * * *~~said~~ the notice a full and fair correction, apology and retraction was published in the same edition or corresponding issues of the newspaper in which said article appeared, and in as conspicuous place and type as was said original article, or was broadcast or telecast under like conditions correcting an honest mistake, and if the jury shall so find, the plaintiff in such case shall recover only actual damages. The burden of proof of the foregoing facts shall be affirmative defenses of the defendant and pled as such.

(3) This section shall not apply to any publication concerning a candidate for public office made within ten (10) days of any primary, general or special election in which such candidate's candidacy for or election to public office is to be determined, and this section shall not apply to any editorial or to any regularly published column in which matters of opinions are expressed.

SECTION 4. Section 97-45-23, Mississippi Code of 1972, is amended as follows:

97-45-23. Prosecutions for violations under Title 97, Chapter 45, or Section 97-5-33, may be instituted by the Attorney General, his designee or the district attorney of the district in which the violation occurred * * *. In the prosecution of any criminal proceeding in accordance with this subsection by the Attorney General, his designee, and in any proceeding before a grand jury in connection therewith, the Attorney General, or his designee, shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized or required to exercise or perform. The Attorney General, or his designee, shall have the authority to issue and serve subpoenas in the investigation of any matter which may violate Title 97, Chapter 45, or Section 97-5-33.

SECTION 5. This act shall take effect and be in force from and after July 1, 2023.