Text of MS HB 701 (2025)

MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary A By: Representative Ford (73rd) House Bill 701 AN ACT TO PROVIDE DEFINITIONS FOR CIVIL REMEDIES AGAINST THOSE WHO DISTRIBUTE CHILD EXPLOITATION MATERIALS; TO PROVIDE THAT ANY COMMERCIAL ENTITY THAT KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES OBSCENE MATERIAL, OR MATERIAL THAT DEPICTS, DESCRIBES, OR PROMOTES CHILD SEXUAL EXPLOITATION, ON THE INTERNET SHALL BE LIABLE FOR NOMINAL DAMAGES, ACTUAL DAMAGES, COURT COSTS AND REASONABLE ATTORNEY FEES AS ORDERED BY THE COURT; TO PROVIDE THAT AN INTERNET OR WIRELESS SERVICE PROVIDER, AFFILIATE, OR SUBSIDIARY OF AN INTERNET OR WIRELESS SERVICE PROVIDER, SEARCH ENGINE, OR CLOUD SERVICE PROVIDER SHALL NOT BE IN VIOLATION OF THIS ACT FOR PROVIDING ACCESS OR CONNECTION TO OR FROM A WEBSITE, WITH CERTAIN EXCEPTIONS; TO AUTHORIZE THE ATTORNEY GENERAL TO SEEK INJUNCTIVE AND OTHER EQUITABLE RELIEF AGAINST A COMMERCIAL ENTITY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. For purposes of this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise: (a) "Child sexual exploitation" means the same as the acts described in Sections 97-5-31 and 97-5-33. (b) "Child sexual exploitation device or image" means an anatomically correct mannequin, robot, doll, device or image, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts. (c) "Commercial entity" includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities. (d) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, circulate, or disseminate by any means. (e) "Individual" means the child who is the subject of the image or distribution, or his or her parent or legal guardian, unless the parent or guardian is the person who violated or participated in the violations of the provisions of this act. (f) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks. (g) "Obscene material" means the same as obscene matter as defined in Section 97-29-103. (h) "Publish" means to communicate or make information available to another person or entity on a publicly available Internet website. SECTION 2. (1) Any commercial entity that knowingly and intentionally publishes or distributes obscene material, or material that depicts, describes, or promotes child sexual exploitation, on the Internet shall be liable to an individual for nominal damages, actual damages, court costs and reasonable attorney fees as ordered by the court. (2) An Internet or wireless service provider, affiliate, or subsidiary of an Internet or wireless service provider, search engine, or cloud service provider shall not be in violation of this act for providing access or connection to or from a website or other information or content on the Internet, or a facility, system, or network not under that provider's control, including transmissions, downloading, storing, or providing access, except in circumstances in which the provider is responsible for the creation of the content of the communication that constitutes obscene material. SECTION 3. The Attorney General may seek injunctive and other equitable relief against a commercial entity that fails to comply with the provisions of Section 2 or 4 of this act. The Attorney General is authorized and directed to develop and publish, consistent with the provisions of this act, guidance, or regulations as appropriate to assist commercial entities to comply with this act. SECTION 4. (1) Any person who knowingly buys, sells, delivers, or distributes any child sexual exploitation device or image; possesses a child sexual exploitation device or image that has been so bought, sold, delivered, or distributed; or possesses a child sexual exploitation device or image with the intent to engage in any conduct prohibited by this act shall be liable to: (a) the state for the payment of a civil penalty, recoverable in an individual action brought by the Attorney General, county attorney or district attorney, in an amount set by the court of not more than Ten Thousand Dollars ($10,000.00) for each violation; and,(b) any child whose image is represented by, or intended by the violator or recipient to be represented by the child sexual exploitation device or image, in an action brought by the child, the child's parent or the legal guardian, for nominal damages, actual damages, punitive damages, court costs and reasonable attorney fees as ordered by the court, except in circumstances in which the child's parent or legal guardian violated or participated in the violations of this act. SECTION 5. (1) An individual may assert a violation of this act as a claim in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the government, any private person or any other party. (2) An action under this act may be commenced, and relief may be granted, in a court of the state without regard to whether the individual commencing the action has sought or exhausted available administrative remedies. (3) Sovereign immunity shall not be an affirmative defense in any action pursuant to this act. (4) Individual claims that satisfy the generally applicable standards for joinder or class action elsewhere provided by law or rules of court, as applicable, may combine their claims in a single action. (5) A commercial entity that has violated Section 2 or 4 of this act in a manner that satisfies the standards for imposition of punitive damages elsewhere provided by law may be held liable for punitive damages. (6) The remedies available under Sections 2 and 4 of this act may be imposed without regard to whether the conduct giving rise to the remedy resulted in a criminal conviction. (7) If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, regardless of whether any one or more provisions, sections, subsections, sentences, clauses, phrases, or words be declared unconstitutional. SECTION 6. This act shall not be construed to be the exclusive remedy for liability for violations described in this act. This act shall be liberally construed to provide remedies to any child affected by the prohibited conduct. SECTION 7. This act shall take effect and be in force from and after July 1, 2025.