HB 1308 — Grooming of a child; establish as a criminal offense.

(f) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints and biological sample of the registrant.

Biological samples are to be forwarded to the Mississippi Forensics Laboratory pursuant to Section H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 6(GT\JAB) 45-33-37;

the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety immediately.

(g) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.

(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.

(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.

(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.

(iv) For a sex offender in the custody of the youth court, the responsible agency is the youth court.

(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.

(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 7(GT\JAB) released.

Specifically, the director of the facility shall notify the Department of Public Safety before the offender's release.

(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.

(h) "Sex offense" or "registrable offense" means any of the following offenses:

(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);

(ii) Section 97-3-65 relating to rape;

however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;

(iii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iv) Section 97-3-95 relating to sexual battery;

however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;

(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;

H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 8(GT\JAB) (vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;

(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;

(viii) Section 97-5-33 relating to the exploitation of children;

(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

(x) Section 97-29-3 relating to sexual intercourse between teacher and student;

(xi) Section 97-29-59 relating to unnatural intercourse;

(xii) Section 43-47-18 relating to sexual abuse of a vulnerable person;

(xiii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c);

(xiv) Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;

(xv) Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;

H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 9(GT\JAB) (xvi) Section 97-29-45(1)(a) relating to obscene electronic communication;

(xvii) Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;

(xviii) Section 97-5-39(1)(e) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;

(xix) Section 97-29-51 relating to procuring or promoting prostitution when the victim is a child under eighteen (18) years of age;

(xx) Section 97-5-35 relating to grooming of a child, if the sentencing judge determines on the record that registration is warranted;

( * * *xxi) Section 97-1-7 relating to attempt to commit any of the offenses referenced in this paragraph (h);

( * * *xxii) Any other offense resulting in a conviction in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;

( * * *xxiii) Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had;

H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 10(GT\JAB) ( * * *xxiv) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section;

( * * *xxv) Capital murder when one (1) of the above-described offenses is the underlying crime.

(i) "Temporary residence" is defined as any place where the person abides, lodges, or resides for a period of seven (7) or more aggregate days in a six (6) month period which is not the person's permanent residence.

(j) "Address" means the actual physical street address of a person's permanent or temporary residence.

For a person who is homeless but is subject to registration under this chapter, the address information must provide a specific description of where the person habitually lives;

the term "homeless" or similar description does not constitute an address within the contemplation of this chapter.

SECTION 3.

Section 45-33-47, Mississippi Code of 1972, is amended as follows:

45-33-47.

(1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section.

(2) A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 11(GT\JAB) registrant resides, to be relieved of that duty under the following conditions:

(a) The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following:

release from prison, placement on parole, supervised release or probation or as determined by the offender's tier classification.

Incarceration for any offense will restart the minimum registration requirement.

Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.

(b) Tier One.

(i) Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:

1.

Section 97-5-27(1) relating to dissemination of sexually oriented material to children;

2.

Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;

3.

Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;

4.

Section 97-29-45(1)(a) relating to obscene electronic communication;

5.

Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;

H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 12(GT\JAB) 6.

Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;

7.

Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.

(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years' satisfaction of the requirements of this section for the convictions classified as Tier One offenses.

(c) Tier Two.

(i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:

1.

Section 97-5-33(3) through (9) relating to the exploitation of children;

2.

Section 97-29-59 relating to unnatural intercourse;

3.

Section 97-29-63, relating to filming another without permission where there is an expectation of privacy;

4.

Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;

H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 13(GT\JAB) 5.

Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;

6.

Section 97-5-32, relating to grooming of a child, if on the record the sentencing judge determines that registration is warranted;

* * *7.

Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;

* * *8.

Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;

or * * *9.

Any conviction of a Tier One offense if it is the offender's second or subsequent conviction of a registrable sex offense;

(ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years' satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.

(d) Tier Three.

Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:

(i) Section 97-3-65 relating to rape;

H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 14(GT\JAB) (ii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iii) Section 97-3-95 relating to sexual battery;

(iv) Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;

(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;

(vi) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

(vii) Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);

(viii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;

(ix) Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions;

(x) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;

(xi) Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;

(xii) Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 15(GT\JAB) abuse and/or battery of a child, if the victim was sexually abused;

(xiii) Capital murder when one (1) of the above-described offenses is the underlying crime;

(xiv) Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;

(xv) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;

or (xvi) Any conviction of a Tier Two offense if it is the offender's second or subsequent conviction of a registrable sex offense.

(e) An offender who has two (2) separate convictions for any of the registrable offenses described in Section 45-33-23 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register if at least one (1) of the convictions was entered on or after July 1, 1995.

(f) An offender, twenty-one (21) years of age or older, who is convicted of any sex offense where the victim was fourteen (14) years of age or younger shall be subject to lifetime registration and shall not be relieved of the duty to register.

(g) A first-time offender fourteen (14) years of age or older adjudicated delinquent in a youth court for a registrable offense of rape pursuant to Section 96-3-65 or a registrable H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 16(GT\JAB) offense of sexual battery pursuant to Section 97-3-95 is subject to lifetime registration, but shall be eligible to petition to be relieved of the duty to register after twenty-five (25) years of registration.

(h) Registration following arrest or arraignment for failure to register is not a defense and does not relieve the sex offender of criminal liability for failure to register.

(i) The department shall continue to list in the registry the name and registration information of all registrants who no longer work, reside or attend school in this state even after the registrant moves to another jurisdiction and registers in the new jurisdiction as required by law.

The registry shall note that the registrant moved out of state.

(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction.

The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that the registrant properly maintained his registration as required by law and that future registration of the petitioner will not serve the purposes of this chapter and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety.

The district attorney in the circuit in which the petition is filed must be given notice of the H.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 17(GT\JAB) petition at least three (3) weeks before the hearing on the matter.

The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied.

If the court denies the petition, the petitioner may not again petition the court for relief until one (1) year has elapsed unless the court orders otherwise in its order of denial of relief.

(4) The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding, the offender receives a pardon, the charge is dismissed or the offender has received a court order pursuant to this section relieving him of the duty to register.

Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued.

(5) A person required to register as a sex offender who is convicted under Section 45-33-33 of providing false registration information or of failure to register, reregister, update registration, or comply with electronic monitoring shall be subject to electronic monitoring at the expense of the offender under the program provided in Section 45-33-45.

Termination of the duty to register also terminates the duty to be monitored.

SECTION 4.

H.97-5-31.

B.

No.

1308 *HR31/R1799CS* ~ OFFICIAL ~ 25/HR31/R1799CS PAGE 18(GT\JAB) 97-5-31.

(c) "Producing" means producing, directing, manufacturing, issuing, publishing, morphing or advertising.

(d) "Visual depiction" includes, without limitation, developed or undeveloped film and video tape or other visual unaltered, altered or morphed reproductions by computer and technology.

(e) "Computer" has the meaning given in Title 18, United States Code, Section 1030.

1308 *HR31/R1799CS**HR31/R1799SG* ~ OFFICIAL ~ 25/HR31/R1799CS25/HR31/R1799SG PAGE 19(GT\JAB)5(GT\JAB) (f)(c) "Morphed"Producing" image" means anyproducing, visualdirecting, depictionmanufacturing, orissuing, representation,publishing, includingmorphing any photograph, film, video, picture, or computeradvertising. or computer-generated image or picture, whether made or produced by electronic, mechanical, simulated or other means, of sexually explicit conduct, where such visual depiction or representation has been created, adapted, or modified to appear * * * to be a minor * * * engaging in sexual conduct or sexually explicit activity or appearing in a state of sexually explicit nudity.

(d) "Visual depiction" includes, without limitation, developed or undeveloped film and video tape or other visual unaltered, altered or morphed reproductions by computer and technology.

(e) "Computer" has the meaning given in Title 18, United States Code, Section 1030.

(f) "Morphed image" means any visual depiction or representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, simulated or other means, of sexually explicit conduct, where such visual depiction or representation has been created, adapted, or modified to appear * * * to be a minor is engaging in sexual conduct or sexually explicit activity or appearing in a state of sexually explicit nudity.

* * * SECTION 5.3.

Section 97-5-33, Mississippi Code of 1972, is brought forward as follows:

97-5-33.

(1) No person shall, by any means, including computer, cause, solicit or knowingly permit any child to engage H.

B.

No.

1308 *HR31/R1799SG* ~ OFFICIAL ~ 25/HR31/R1799SG PAGE 6(GT\JAB) in sexually explicit conduct or in the simulation of sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

(2) No person shall, by any means, including computer, photograph, film, video tape or otherwise depict or record a child engaging in sexually explicit conduct or in the simulation of sexually explicit conduct.

(3) No person shall, by any means including computer, 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.

(4) No person shall, by any means including computer, 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.

(5) No person shall, by any means, including computer, knowingly possess or knowingly access with intent to view any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.

(6) No person shall, by any means, including computer, knowingly entice, induce, persuade, seduce, solicit, advise, H.

B.

No.

1308 *HR31/R1799SG* ~ OFFICIAL ~ 25/HR31/R1799SG PAGE 7(GT\JAB) coerce, or order a child to meet with the defendant or any other person for the purpose of engaging in sexually explicit conduct.

(7) No person shall, by any means, including computer, 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.

(8) The fact that an undercover operative or law enforcement officer posed as a child or was involved in any other manner in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.

(9) For purposes of determining jurisdiction, the offense is committed in this state if all or part of the conduct described in this section occurs in the State of Mississippi or if the transmission that constitutes the offense either originates in this state or is received in this state.

SECTION 4.

Section 97-5-35, Mississippi Code of 1972, is brought forward 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 shall be fined not less than One H.

B.

No.

1308 *HR31/R1799SG* ~ OFFICIAL ~ 25/HR31/R1799SG PAGE 8(GT\JAB) 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 5.

Section 97-5-37, Mississippi Code of 1972, is brought forward as follows:

97-5-37.

The provisions of Sections 97-5-31 through 97-5-37 are supplemental to any statute relating to child abuse or neglect, obscenity, enticement of children or contributing to delinquency of a minor and acquittal or conviction pursuant to any other statute shall not be a bar to prosecution under Sections 97-5-31 through 97-5-37.

Acquittal or conviction under Sections 97-5-31 through 97-5-37 shall not be a bar to prosecution and conviction under other statutes defining crimes or misdemeanors, nor to any civil or administrative remedy otherwise available.

SECTION 6.

Section 97-5-5, Mississippi Code of 1972, is brought forward as follows:

97-5-5.

Every person who shall maliciously, willfully, or fraudulently lead, take, carry away, decoy or entice away, any child under the age of fourteen (14) years, with intent to detain or conceal such child from its parents, guardian, or other person having lawful charge of such child, or for the purpose of prostitution, concubinage, or marriage, shall, on conviction, be imprisoned in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years, or fined not H.

B.

No.

1308 *HR31/R1799SG* ~ OFFICIAL ~ 25/HR31/R1799SG PAGE 9(GT\JAB) more than Ten Thousand Dollars ($10,000.00), or both.

Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Section 97-3-54 et seq.

SECTION 7.

Section 97-5-7, Mississippi Code of 1972, is brought forward as follows:

97-5-7.

Any person who shall persuade, entice or decoy away from its father or mother with whom it resides any child under the age of eighteen (18) years, being unmarried, for the purpose of employing such child without the consent of its parents, or one of them, shall upon conviction be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than one (1) year, or both.

Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Section 97-3-54 et seq.

SECTION 8.

1308 *HR31/R1799CS**HR31/R1799SG* ~ OFFICIAL ~ 25/HR31/R1799CS25/HR31/R1799SG ST:

establish as a PAGE 20(GT\JAB)10(GT\JAB) criminal offense.