MS SB2431

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 causes harm and reveals identity.

Establishes criminal penalties of up to $4,000 fine and/or one year jail time for unlawful disclosure or promotion of intimate visual material, and creates separate offense for threatening to disclose such material to obtain a benefit.

Allows prevailing civil claimants to recover actual damages including mental anguish, court costs, reasonable attorney's fees, and potentially exemplary damages; provides for injunctive relief with $500-$1,000 per violation penalties.

Creates "sexting" as a delinquent act in youth court when minors possess, produce, transmit, or distribute indecent visual images of minors, with enhanced penalties to felony level if age difference is three years or more, coercion is used, or prior adjudications exist.

Exempts interactive computer services (as defined by 47 USC Section 230) from liability for intimate visual material provided by third parties, and provides affirmative defenses for law enforcement, medical treatment, legal proceedings, and public/commercial settings.