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MS SB2528

Bill

Status

Engrossed

2/14/2019

Primary Sponsor

Sally Doty

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Creates civil liability for intentionally disclosing intimate visual material without consent if the material was obtained under circumstances where the depicted person had a reasonable expectation of privacy and the disclosure reveals the person's identity.

  • Establishes criminal offense under Section 97-29-67 for unlawful disclosure or promotion of intimate visual material without effective consent, with penalties up to $4,000 fine and one year jail time.

  • Allows prevailing civil claimants to recover actual damages including mental anguish, court costs, reasonable attorney's fees, and potentially exemplary damages.

  • Permits courts to issue temporary restraining orders or injunctions preventing disclosure or promotion of intimate visual material, with statutory damages of $1,000 per willful violation or $500 per non-willful violation.

  • Creates youth court jurisdiction over minors engaging in "sexting" as a delinquent act, with affirmative defenses available and enhanced felony penalties when the depicted minor is 3+ years younger, force/coercion is used, or the minor has prior adjudications.

Legislative Description

Intimate visual material; create civil and criminal liability for unlawful disclosure or promotion of.

Last Action

Tabled

3/13/2019

Committee Referrals

Judiciary A2/20/2019
Judiciary, Division A1/21/2019

Full Bill Text

No bill text available