SB 2237 — Sentence suspension; prohibit for crimes involving the exploitation of children.

Judiciary, Division B Blackwell, Sparks, Moran, Seymour, Whaley, Chism, McCaughn, Branning, McLendon, Parker, Caughman, Hill, Tate, Barrett, Younger, McMahan COMMITTEE SUBSTITUTE FOR SENATE BILL NO.

2237 (As Passed the Senate) ` AN ACT TO AMEND SECTION 97-5-35, MISSISSIPPI CODE OF 1972, TO PROHIBIT SUSPENSION OF THE SENTENCE OF AN OFFENDER IN A CASE INVOLVING THE EXPLOITATION OF CHILDREN;

TO BRING FORWARD SECTION 97-5-31, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT;

The five-yearS. mandatory sentence shall not be reduced or suspended.

S.

2237 *SS26/R374CS**SS08/R374PS* ~ OFFICIAL ~ G1/2 22/SS26/R374CS22/SS08/R374PS PAGE 1 Thefive-year personmandatory sentence shall not be eligiblereduced for probation or parolesuspended. notwithstanding any provision of law to the contrary.

The person shall not be eligible for probation or parole notwithstanding any provision of law to the contrary.

ThisSection act97-5-31, shallMississippi takeCode effectof and1972, beis inbrought forceforward fromas andfollows: after July 1, 2022.

97-5-31.

As used in Sections 97-5-33 through 97-5-37, the following words and phrases shall have the meanings given to them in this section:

(a) "Child" means any individual who has not attained the age of eighteen (18) years.

(b) "Sexually explicit conduct" means actual or simulated:

(i) Oral genital contact, oral anal contact, or sexual intercourse as defined in Section 97-3-65, whether between persons of the same or opposite sex;

(ii) Bestiality;

(iii) Masturbation;

(iv) Sadistic or masochistic abuse;

(v) Lascivious exhibition of the genitals or pubic area of any person;

or (vi) Fondling or other erotic touching of the genitals, pubic area, buttocks, anus or breast.

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

2237 *SS26/R374CS**SS08/R374PS* ~ OFFICIAL ~ 22/SS26/R374CS22/SS08/R374PS ST:PAGE 2 (d) "Visual depiction" includes, without limitation, developed or undeveloped film and video tape or other visual unaltered reproductions by computer.

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

(f) "Simulated" means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.

SECTION 3.

This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.

S.

B.

No.

2237 *SS08/R374PS* ~ OFFICIAL ~ 22/SS08/R374PS ST:

prohibit for crimes PAGE 23 involving the exploitation of children.