Laws Pertaining to Sexting in the State of Mississippi

The State of Mississippi does not a have a specific statute STATE for sexting offenses. In general, anyone who takes creates, distributes or possesses an image of a minor engaged in a sexually explicit action may be prosecuted under the State’s child pornography laws and if convicted, will generally receive a prison sentence and need to register as a sex offender.

Legislative Summary

Mississippi recently attempted to create a sexting law but the proposal never became law. In general, under Mississippi child pornography laws, the distribution, possession or creation of an image containing a minor engaged in a sexual activity would constitute a felony under the Mississippi child pornography statute. Exceptions to the law for minors do not exist and as such two minors who send each other sexually explicit images of themselves could be prosecuted under the State’s child pornography laws and if convicted, receive jail time and will generally need to register as a sex offender.

Law and Punishment

In general, under Mississippi law it is a criminal offense to:

  • Cause, solicit or knowingly permit any child to engage in sexually explicit conduct or in the simulation of sexually explicit conduct for the purpose of producing any visual depiction of such conduct.
  • Photograph, film, video tape or otherwise depict or record a child engaging in sexually explicit conduct or in the simulation of sexually explicit conduct.
  • Knowingly send, transport, transmit, ship, mail or receive any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.
  • Receive with intent to distribute, distribute for sale, sell or attempt to sell in any manner any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.
  • Possess any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.
  • Knowingly entice, induce, persuade, seduce, solicit, advise, coerce, or order a child to meet with the defendant or any other person for the purpose of engaging in sexually explicit conduct.
  • Knowingly entice, induce, persuade, seduce, solicit, advise, coerce or order a child to produce any visual depiction of adult sexual conduct or any sexually explicit conduct.

If convicted under this statute an individual could face a minimum of 5 years in prison (and maximum of 40 years) and fined a minimum of $50,000 (and maximum of $500,000).

If convicted an individual will generally be required to register as a sex offender.

sobering reality

5 to 40 years in jail.

Up to $500,000 in fines.

Register as a sex offender.

Latest News Concerning Sexting in Mississippi

Sexting is not funny, it is a felony

Natchez Democrat | August 21, 2011

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