Publication of child sexual exploitation; authorize civil liability for.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (73rd)

HOUSE BILL NO. 1054

AN ACT TO PROVIDE DEFINITIONS FOR CIVIL REMEDIES AGAINST 1
THOSE WHO DISTRIBUTE CHILD EXPLOITATION MATERIALS; TO PROVIDE THAT 2
ANY COMMERCIAL ENTITY THAT KNOWINGLY AND INTENTIONALLY PUBLISHES 3
OR DISTRIBUTES OBSCENE MATERIAL, OR MATERIAL THAT DEPICTS, 4
DESCRIBES, OR PROMOTES CHILD SEXUAL EXPLOITATION, ON THE INTERNET 5
SHALL BE LIABLE FOR NOMINAL DAMAGES, ACTUAL DAMAGES, COURT COSTS 6
AND REASONABLE ATTORNEY FEES AS ORDERED BY THE COURT; TO PROVIDE 7
THAT AN INTERNET OR WIRELESS SERVICE PROVIDER, AFFILIATE, OR 8
SUBSIDIARY OF AN INTERNET OR WIRELESS SERVICE PROVIDER, SEARCH 9
ENGINE, OR CLOUD SERVICE PROVIDER SHALL NOT BE IN VIOLATION OF 10
THIS ACT FOR PROVIDING ACCESS OR CONNECTION TO OR FROM A WEBSITE, 11
WITH CERTAIN EXCEPTIONS; TO AUTHORIZE THE ATTORNEY GENERAL TO SEEK 12
INJUNCTIVE AND OTHER EQUITABLE RELIEF AGAINST A COMMERCIAL ENTITY; 13
AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. For purposes of this act, the following words 16
shall have the meanings ascribed herein unless the context clearly 17
requires otherwise: 18
(a) "Child sexual exploitation" means the same as the 19
acts described in Sections 97-5-31 and 97-5-33. 20
(b) "Child sexual exploitation device or image" means 21
an anatomically correct mannequin, robot, doll, device or image, 22
with the features of, or with features that resemble those of, a 23
minor, intended for use in sexual acts. 24
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(c) "Commercial entity" includes corporations, limited 25
liability companies, partnerships, limited partnerships, sole 26
proprietorships, or other legally recognized entities. 27
(d) "Distribute" means to issue, sell, give, provide, 28
deliver, transfer, transmit, circulate, or disseminate by any 29
means. 30
(e) "Individual" means the child who is the subject of 31
the image or distribution, or his or her parent or legal guardian, 32
unless the parent or guardian is the person who violated or 33
participated in the violations of the provisions of this act. 34
(f) "Internet" means the international computer network 35
of both federal and nonfederal interoperable packet switched data 36
networks. 37
(g) "Obscene material" means the same as obscene matter 38
as defined in Section 97-29-103. 39
(h) "Publish" means to communicate or make information 40
available to another person or entity on a publicly available 41
Internet website. 42
SECTION 2. (1) Any commercial entity that knowingly and 43
intentionally publishes or distributes obscene material, or 44
material that depicts, describes, or promotes child sexual 45
exploitation, on the Internet shall be liable to an individual for 46
nominal damages, actual damages, court costs and reasonable 47
attorney fees as ordered by the court. 48
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(2) An Internet or wireless service provider, affiliate, or 49
subsidiary of an Internet or wireless service provider, search 50
engine, or cloud service provider shall not be in violation of 51
this act for providing access or connection to or from a website 52
or other information or content on the Internet, or a facility, 53
system, or network not under that provider's control, including 54
transmissions, downloading, storing, or providing access, except 55
in circumstances in which the provider is responsible for the 56
creation of the content of the communication that constitutes 57
obscene material. 58
SECTION 3. The Attorney General may seek injunctive and 59
other equitable relief against a commercial entity that fails to 60
comply with the provisions of Section 2 or 4 of this act. The 61
Attorney General is authorized and directed to develop and 62
publish, consistent with the provisions of this act, guidance, or 63
regulations as appropriate to assist commercial entities to comply 64
with this act. 65
SECTION 4. (1) Any person who knowingly buys, sells, 66
delivers, or distributes any child sexual exploitation device or 67
image; possesses a child sexual exploitation device or image that 68
has been so bought, sold, delivered, or distributed; or possesses 69
a child sexual exploitation device or image with the intent to 70
engage in any conduct prohibited by this act shall be liable to: 71
(a) the state for the payment of a civil penalty, recoverable in 72
an individual action brought by the Attorney General, county 73
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attorney or district attorney, in an amount set by the court of 74
not more than Ten Thousand Dollars ($10,000.00) for each 75
violation; and,(b) any child whose image is represented by, or 76
intended by the violator or recipient to be represented by the 77
child sexual exploitation device or image, in an action brought by 78
the child, the child's parent or the legal guardian, for nominal 79
damages, actual damages, punitive damages, court costs and 80
reasonable attorney fees as ordered by the court, except in 81
circumstances in which the child's parent or legal guardian 82
violated or participated in the violations of this act. 83
SECTION 5. (1) An individual may assert a violation of this 84
act as a claim in any judicial or administrative proceeding 85
without regard to whether the proceeding is brought by or in the 86
name of the government, any private person or any other party. 87
(2) An action under this act may be commenced, and relief 88
may be granted, in a court of the state without regard to whether 89
the individual commencing the action has sought or exhausted 90
available administrative remedies. 91
(3) Sovereign immunity shall not be an affirmative defense 92
in any action pursuant to this act. 93
(4) Individual claims that satisfy the generally applicable 94
standards for joinder or class action elsewhere provided by law or 95
rules of court, as applicable, may combine their claims in a 96
single action. 97
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ST: Publication of child sexual exploitation;
authorize civil liability for.
(5) A commercial entity that has violated Section 2 or 4 of 98
this act in a manner that satisfies the standards for imposition 99
of punitive damages elsewhere provided by law may be held liable 100
for punitive damages. 101
(6) The remedies available under Sections 2 and 4 of this 102
act may be imposed without regard to whether the conduct giving 103
rise to the remedy resulted in a criminal conviction. 104
(7) If any one or more provisions, sections, subsections, 105
sentences, clauses, phrases or words of this chapter or the 106
application thereof to any person or circumstance is found to be 107
unconstitutional, the same is hereby declared to be severable and 108
the balance of this act shall remain effective notwithstanding 109
such unconstitutionality. The Legislature hereby declares that it 110
would have passed this act, and each provision, section, 111
subsection, sentence, clause, phrase, or word thereof, regardless 112
of whether any one or more provisions, sections, subsections, 113
sentences, clauses, phrases, or words be declared 114
unconstitutional. 115
SECTION 6. This act shall not be construed to be the 116
exclusive remedy for liability for violations described in this 117
act. This act shall be liberally construed to provide remedies to 118
any child affected by the prohibited conduct. 119
SECTION 7. This act shall take effect and be in force from 120
and after July 1, 2026. 121