Images or audio altered or created by digitization; criminalize dissemination of in certain circumstances.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

SENATE BILL NO. 2075

AN ACT TO CRIMINALIZE THE UNLAWFUL DISSEMINATION OR 1
PUBLICATION OF AN INTIMATE OR NONINTIMATE IMAGE OR AUDIO CREATED 2
OR ALTERED BY DIGITIZATION WHERE THE IMAGE OR AUDIO IS 3
DISSEMINATED OR PUBLISHED WITH INTENT TO CAUSE HARM TO THE 4
EMOTIONAL, FINANCIAL OR PHYSICAL WELFARE OF ANOTHER PERSON AND THE 5
ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE PERSON 6
DEPICTED DID NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION; TO 7
DEFINE TERMS; TO PROVIDE THAT THE CRIMES INCLUDE THE USE OF IMAGES 8
OR AUDIO CREATED OR ALTERED BY DIGITIZATION, WHERE SUCH PERSON MAY 9
REASONABLY BE IDENTIFIED FROM THE IMAGE OR AUDIO ITSELF OR FROM 10
INFORMATION DISPLAYED IN CONNECTION WITH THE IMAGE OR AUDIO; TO 11
PROVIDE CRIMINAL PENALTIES; TO PROVIDE CERTAIN EXCEPTIONS TO THE 12
CRIME; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. For the purposes of this section, the following 15
words shall have the meaning herein ascribed unless the context 16
clearly requires otherwise: 17
(a) "Audio" means the transmission, reception or 18
reproduction of sound. 19
(b) "Digitization" means to alter an image or audio in 20
a realistic manner utilizing images or audio of a person, other 21
than the person depicted, or utilizing computer-generated images 22
or audio. "Digitization" includes the creation of an image or 23
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audio through the use of software, machine learning, artificial 24
intelligence or any other computer-generated or technological 25
means. 26
(c) "Disseminate" means to give, provide, lend, 27
deliver, mail, send, forward, transfer or transmit, electronically 28
or otherwise to another person. 29
(d) "Intimate part" means the naked genitals, pubic 30
area, anus or female nipple of the person. 31
(e) "Image" means a still image or a video image with 32
or without audio. 33
(f) "Publish" means to: 34
(i) Disseminate, as defined in paragraph (c) of 35
this subsection, with the intent that such image or images be 36
disseminated to ten (10) or more persons; 37
(ii) Disseminate with the intent that such image 38
or images be sold by another person; 39
(iii) Post, present, display, exhibit, circulate, 40
advertise or allow access, electronically or otherwise, so as to 41
make an image or images available to the public; or 42
(iv) Disseminate with the intent that an image or 43
images be posted, presented, displayed, exhibited, circulated, 44
advertised or made accessible, electronically or otherwise and to 45
make such image or images available to the public. 46
(g) "Sexual conduct" means sexual intercourse, oral 47
sexual conduct, anal sexual conduct or sexual contact. 48
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(h) "Sexual contact" means any touching of the sexual 49
or other intimate parts of a person for the purpose of gratifying 50
sexual desire of either party. It includes the touching of the 51
actor by the victim, as well as the touching of the victim by the 52
actor, whether directly or through clothing, as well as the 53
emission of ejaculate by the actor upon any part of the victim, 54
clothed or unclothed. 55
SECTION 2. (1) A person is guilty of unlawful dissemination 56
or publication of an intimate image or audio created or altered by 57
digitization when: 58
(a) With intent to cause harm to the emotional, 59
financial or physical welfare of another person, he or she 60
intentionally disseminates or publishes an image or audio created 61
or altered by digitization depicting such other person with one or 62
more intimate parts exposed or engaging in sexual conduct with 63
another person, where such person may reasonably be identified 64
from the image or audio itself or from information displayed in 65
connection with the image or audio; and 66
(b) The actor knew or reasonably should have known that 67
the person depicted did not consent to such dissemination or 68
publication, including the dissemination or publication of an 69
image or audio recording taken with the consent of the person 70
depicted when such person had a reasonable expectation that the 71
image or audio recording taken would remain private, regardless of 72
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whether the actor was present when such image or audio recording 73
was taken. 74
(2) (a) Except as provided in paragraph (c) of this 75
subsection, a person convicted of an offense under this section 76
who was twenty-one (21) years or older at the time of the offense 77
shall be guilty of a felony and, upon conviction, shall be 78
punished as provided in Section 97-29-63 for the offense of 79
photographing or filming another without permission where there is 80
an expectation of privacy. 81
(b) Except as provided in paragraph (c) of this 82
subsection, a person convicted of an offense under this section 83
who was under the age of twenty-one (21) at the time of the 84
offense shall be guilty of a misdemeanor and, upon conviction, 85
shall be punished by a fine of not more than Two Thousand Five 86
Hundred Dollars ($2,500.00) or by imprisonment for not more than 87
one (1) year, or both. 88
(c) Any person who is convicted under this section of a 89
second or subsequent offense which arises from a separate nucleus 90
of operative fact, at least thirty (30) days after the previous 91
offense, shall be guilty of a felony and, upon conviction, shall 92
be punished by a fine of not more than Five Thousand Dollars 93
($5,000.00) or by imprisonment within the state penitentiary for 94
not more than three (3) years. 95
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SECTION 3. (1) A person is guilty of unlawful dissemination 96
or publication of an image or audio created or altered by 97
digitization when: 98
(a) With intent to cause harm to the emotional, 99
financial or physical welfare of another person, he or she 100
intentionally disseminates or publishes an image or audio created 101
or altered by digitization depicting such other person where such 102
person may reasonably be identified from the image or audio itself 103
or from information displayed in connection with the image; and 104
(b) The actor knew or reasonably should have known that 105
the person depicted did not consent to such dissemination or 106
publication. 107
(2) A person convicted of an offense under this section of 108
this section shall be guilty of a misdemeanor and, upon 109
conviction, shall be punished by a fine of not more than Two 110
Thousand Five Hundred Dollars ($2,500.00) or by imprisonment for 111
not more than one (1) year, or both. 112
SECTION 4. The criminal offenses and penalties authorized by 113
this act shall be in addition to any other criminal offenses and 114
penalties authorized by law. 115
SECTION 5. This act shall not apply to the following: 116
(a) The reporting of unlawful conduct; 117
(b) Dissemination or publication of an intimate image, 118
image or audio made during lawful and common practices of law 119
enforcement, legal proceedings or medical treatment; 120
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ST: Images or audio altered or created by
digitization; criminalize dissemination of in
certain circumstances.
(c) An intimate image, image or audio involving 121
voluntary exposure in a public or commercial setting; 122
(d) Dissemination or publication of an intimate image, 123
image or audio made for a legitimate public purpose; or 124
(e) An internet service provider, or its affiliates or 125
subsidiaries, search engine, or cloud service provider solely for 126
providing access or connection to or from a website or other 127
information or content on the internet or a facility, system, or 128
network not under the control of that provider, including 129
transmission, downloading, intermediate storage, access software 130
or other related capabilities. 131
SECTION 6. This act shall take effect and be in force from 132
and after July 1, 2026. 133