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H. B. No. 840 *HR26/R1485* ~ OFFICIAL ~ G1/2
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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Ford (73rd)
HOUSE BILL NO. 840
AN ACT TO IMPOSE AN ENHANCED PENALTY ON DEFENDANTS WHO 1
KNOWINGLY AND INTENTIONALLY USED AN ARTIFICIAL INTELLIGENCE SYSTEM 2
IN THE COMMISSION OF A DESIGNATED OFFENSE; TO PROVIDE, IF THE 3
DESIGNATED OFFENSE IS A MISDEMEANOR, THE DEFENDANT SHALL BE 4
SUBJECT TO AN ADDITIONAL TERM OF IMPRISONMENT FOR A PERIOD OF NOT 5
LESS THAN SIX NOR MORE THAN TWELVE MONTHS AND A FINE NOT TO EXCEED 6
FIVE THOUSAND DOLLARS; TO PROVIDE THAT, IF THE DESIGNATED OFFENSE 7
IS A FELONY, THE DEFENDANT SHALL BE SUBJECT TO AN ADDITIONAL TERM 8
OF IMPRISONMENT FOR A PERIOD OF NOT LESS THAN TWO YEARS AND A FINE 9
NOT LESS THAN FIVE THOUSAND DOLLARS; TO PROVIDE CERTAIN NOTICE 10
REQUIREMENTS; TO AMEND SECTION 97-5-33, MISSISSIPPI CODE OF 1972, 11
TO PROHIBIT THE TRANSMISSION, DISTRIBUTION OR POSSESSION OF VISUAL 12
MATERIALS THAT DEPICT A CHILD THAT WOULD APPEAR REALISTIC TO A 13
REASONABLE OBSERVER ENGAGING IN SEXUALLY EXPLICIT CONDUCT; AND FOR 14
RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) As used in this section, the following terms 17
have the meanings as defined in this subsection: 18
(a) "Artificial intelligence system" means an 19
engineered or machine based system that emulates the capability of 20
a person to receive audio, visual, text or any other form of 21
information and use such information to emulate a human cognitive 22
process, including, but not limited to, learning, generalizing, 23
reasoning, planning, predicting, acting or communicating, provided 24
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that the artificial intelligence systems may vary in the forms of 25
information they can receive and in the human cognitive processes 26
they can emulate. 27
(b) "Designated offense" means: 28
(i) Abuse, neglect or exploitation of any 29
vulnerable person in violation of Section 43-47-19; 30
(ii) Stalking or aggravated stalking in violation 31
of Section 97-3-107; 32
(iii) Sexual extortion in violation of Section 33
97-3-119.2 or aggravated sexual extortion in violation of Section 34
97-3-119.3; 35
(iv) Any offense provided for in Chapter 5, Title 36
97, Mississippi Code of 1972, that relates to offenses affecting 37
children; 38
(v) Any offense provided for in Chapter 7, Title 39
97, Mississippi Code of 1972, that relates to crimes against 40
sovereignty or administration of government; 41
(vi) Any offense provided for in Chapter 9, Title 42
97, Mississippi Code of 1972, that relates to offenses affecting 43
administration of justice; 44
(vii) Any offense provided for in Chapter 19, 45
Title 97, Mississippi Code of 1972, that relates to false 46
pretenses and cheats; 47
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(viii) Any offense provided for in Chapter 21, 48
Title 97, Mississippi Code of 1972, that relates to forgery and 49
counterfeiting; 50
(ix) Any offense provided for in Chapter 29, Title 51
97, Mississippi Code of 1972, that relates to crimes against 52
public morals and decency; or 53
(x) Any offense provided for in Chapter 45, Title 54
97, Mississippi Code of 1972, that relates to computer crimes and 55
identity theft. 56
(c) "Used an artificial intelligence system" means to 57
be the proximate cause of an artificial intelligence system 58
receiving an input or providing an output. 59
(2) If a trier of fact determines beyond a reasonable doubt 60
that a defendant knowingly and intentionally used an artificial 61
intelligence system in the commission of a designated offense, the 62
penalty for the designated offense may be enhanced as follows: 63
(a) If the designated offense for which the defendant 64
was convicted is a misdemeanor, by a term of imprisonment for a 65
period of not less than six (6) nor more than twelve (12) months 66
and a fine not to exceed Five Thousand Dollars ($5,000.00); 67
(b) If the designated offense for which the defendant 68
was convicted is a felony, by a term of imprisonment for a period 69
of not less than two (2) years and a fine not less than Five 70
Thousand Dollars ($5,000.00); or 71
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(c) If the designated offense is subject to a minimum 72
term of imprisonment for two (2) years or more, by a term of 73
imprisonment for not less than such minimum sentence plus one (1) 74
year and a fine of not less than Five Thousand Dollars 75
($5,000.00). 76
(3) (a) For the enhancement of the penalty for a felony 77
offense to apply as provided in subsection (2) of this section, 78
the prosecuting attorney if the defendant is charged by 79
information, or grand jury if an indictment is returned, shall 80
provide notice upon the information or indictment that the 81
prosecutor will seek the enhanced penalty. The notice shall be in 82
a clause separate from and in addition to the substantive offense 83
charged and shall allege the specific factor or factors 84
authorizing an enhanced penalty in the case pursuant to this 85
section. 86
(b) For enhancement of the penalty for a misdemeanor to 87
apply as provided in subsection (2) of this section, the affiant, 88
the prosecuting attorney if the defendant is charged by 89
information, or grand jury if an indictment is returned, shall 90
provide written notice that the enhanced penalty will be sought. 91
The notice shall be in a clause separate from and in addition to 92
the substantive offense charge and shall allege the specific 93
factor or factors authorizing an enhanced penalty in the case 94
pursuant to this section. 95
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SECTION 2. Section 97-5-33, Mississippi Code of 1972, is 96
amended as follows: 97
97-5-33. (1) No person shall, by any means, including 98
computer, cause, solicit or knowingly permit any child to engage 99
in sexually explicit conduct or in the simulation of sexually 100
explicit conduct for the purpose of producing any visual depiction 101
of such conduct. 102
(2) No person shall, by any means, including computer, 103
photograph, film, video tape or otherwise depict or record a child 104
engaging in sexually explicit conduct or in the simulation of 105
sexually explicit conduct. 106
(3) No person shall, by any means including computer, 107
knowingly send, transport, transmit, ship, mail or receive any 108
photograph, drawing, sketch, film, video tape or other visual 109
depiction of an actual child, or of a child that would appear 110
realistic to a reasonable observer, engaging in sexually explicit 111
conduct. 112
(4) No person shall, by any means including computer, 113
receive with intent to distribute, distribute for sale, sell or 114
attempt to sell in any manner any photograph, drawing, sketch, 115
film, video tape or other visual depiction of an actual child, or 116
of a child that would appear realistic to a reasonable observer, 117
engaging in sexually explicit conduct. 118
(5) No person shall, by any means, including computer, 119
knowingly possess or knowingly access with intent to view any 120
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ST: Criminal offenses; enhance penalties for
certain if artificial intelligence was used in
the commission of.
photograph, drawing, sketch, film, video tape or other visual 121
depiction of an actual child, or of a child that would appear 122
realistic to a reasonable observer, engaging in sexually explicit 123
conduct. 124
(6) No person shall, by any means, including computer, 125
knowingly entice, induce, persuade, seduce, solicit, advise, 126
coerce, or order a child to meet with the defendant or any other 127
person for the purpose of engaging in sexually explicit conduct. 128
(7) No person shall, by any means, including computer, 129
knowingly entice, induce, persuade, seduce, solicit, advise, 130
coerce or order a child to produce any visual depiction of adult 131
sexual conduct or any sexually explicit conduct. 132
(8) The fact that an undercover operative or law enforcement 133
officer posed as a child or was involved in any other manner in 134
the detection and investigation of an offense under this section 135
shall not constitute a defense to a prosecution under this 136
section. 137
(9) For purposes of determining jurisdiction, the offense is 138
committed in this state if all or part of the conduct described in 139
this section occurs in the State of Mississippi or if the 140
transmission that constitutes the offense either originates in 141
this state or is received in this state. 142
SECTION 3. This act shall take effect and be in force from 143
and after July 1, 2026. 144