Text of MS SB 2719 (2026)

MISSISSIPPI LEGISLATURE 2026 Regular Session To: Judiciary, Division A By: Senator(s) Whaley Senate Bill 2719 AN ACT TO DEFINE THE TERMS "ADULT PERFORMANCE," "PERFORMANCE HARMFUL TO MINORS," AND "OBSCENITY"; TO PROHIBIT THE PERFORMANCE IN OR EXHIBITION OF AN ADULT PERFORMANCE ON PUBLIC PROPERTY OR IN A LOCATION WHERE THE ADULT PERFORMANCE COULD BE VIEWED BY A MINOR; TO PROHIBIT A STATE AGENCY OR POLITICAL SUBDIVISION FROM EXHIBITING OR FUNDING, IN WHOLE OR IN PART WITH PUBLIC FUNDS, AN ADULT PERFORMANCE; TO CREATE A CIVIL CAUSE OF ACTION AS A REMEDY FOR VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. For purposes of this section, the following terms have the meaning ascribed herein: (a) "Adult performance" means any performance that is an obscene performance or a performance harmful to minors, including any such performance that features: (i) Topless dancers, (ii) Go-go dancers, (iii) Exotic dancers, (iv) Strippers, (v) Male or female impersonators, or (vi) Any performer who performs actual or simulated sexual activities, including removal of articles of clothing or appearing unclothed. (b) "Performance harmful to minors" means a performance if: (i) The average person, applying contemporary community standards, would find that the performance, taking the performance as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (ii) The performance exploits, is devoted to, or principally consists of descriptions of actual, simulated, or animated display or depiction of any of the following, in a manner patently offensive with respect to minors: 1. Pubic hair, anus, vulva, genitals, or nipple of the female breast. 2. Touching, caressing, or fondling of nipples, breasts, buttocks, anuses, or genitals. 3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and, (iii) The performance taken as a whole lacks serious literary, artistic, political, or scientific value for minors. (c) "Obscene" has the same meaning as assigned in Section 97-29-103(1). SECTION 2. (1) No person may perform in or exhibit an adult performance: (a) On public property; or (b) In a location where the adult performance could be viewed by a minor. (2) No state agency or political subdivision may exhibit, or fund in whole or in part with public funds, an adult performance. (3) (a) If a state agency, political subdivision, person, owner, lessee, or other person in actual control of a property organizes, hosts, or funds an adult performance in violation of this section, a person exposed to the obscene performance, or the parent or legal guardian of a minor exposed to an obscene performance or performance harmful to minors, may bring an action to seek injunctive relief and damages against such entity or person. (b) A person who brings an action under this section shall be entitled to court costs, injunctive relief, economic and noneconomic damages, punitive damages under Section 11-1-65, reasonable expenses of litigation including, without limitation, expert witness fees and court reporter's fees, and reasonable attorney's fees. (c) (i) An individual may assert a violation of this section 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. (ii) An action under this section 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. (iii) Sovereign immunity shall not be an affirmative defense in any action pursuant to this section. (iv) 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. (v) A person that has violated this section in a manner that satisfies the standards of Section 11-1-65 may be held liable for punitive damages. (vi) The remedies available under this section may be awarded without regard to whether the conduct giving rise to the remedy resulted in a criminal conviction. (vii) In an action under this section, no plaintiff shall be allocated fault under Section 11-7-15. One hundred percent (100%) of the fault in any such action shall be allocated under Section 85-5-7, to persons, other than the plaintiff or plaintiffs, found to be causally at fault. No party may disclose to the trier of fact the impact of this provision. (4) Notwithstanding any other law or ordinance to the contrary, this section expressly: (a) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to the effective date of this act that is in conflict with this section; and (b) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this section. (5) This section shall not be construed in a manner that would violate any right to free speech guaranteed by the First Amendment to the United States Constitution or Article 3, Section 13 of the Mississippi Constitution of 1890. SECTION 3. This act shall take effect and be in force from and after its passage.