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MS HB1363

Bill

Status

Failed

4/2/2024

Primary Sponsor

Price Wallace

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Defines "child pornography" as acts included in the definition of "sexually explicit conduct" under Section 97-5-31 and "obscene matter" with the same meaning as Section 97-29-103(1).

  • Creates civil liability for commercial entities that knowingly and intentionally publish or distribute obscene matter or material depicting child pornography on the Internet, allowing recovery of nominal damages, actual damages, court costs, and reasonable attorney fees.

  • Permits punitive damages against commercial entities that violate the section in a manner satisfying legal standards for punitive damages.

  • Exempts Internet service providers, their affiliates, subsidiaries, search engines, and cloud service providers from liability when they are not responsible for content creation and merely provide access or connectivity.

  • Takes effect July 1, 2024, and includes a severability clause to preserve the law if any provision is found unconstitutional.

Legislative Description

Internet; create civil liability for distribution of child pornography and obscene matter by commercial entities.

Last Action

Died In Committee

4/2/2024

Committee Referrals

Judiciary, Division A3/22/2024
Judiciary A2/19/2024

Full Bill Text

No bill text available