Adult performances; prohibit in a location where minors could view, create cause of action.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Whaley

SENATE BILL NO. 2719

AN ACT TO DEFINE THE TERMS "ADULT PERFORMANCE," "PERFORMANCE 1
HARMFUL TO MINORS," AND "OBSCENITY"; TO PROHIBIT THE PERFORMANCE 2
IN OR EXHIBITION OF AN ADULT PERFORMANCE ON PUBLIC PROPERTY OR IN 3
A LOCATION WHERE THE ADULT PERFORMANCE COULD BE VIEWED BY A MINOR; 4
TO PROHIBIT A STATE AGENCY OR POLITICAL SUBDIVISION FROM 5
EXHIBITING OR FUNDING, IN WHOLE OR IN PART WITH PUBLIC FUNDS, AN 6
ADULT PERFORMANCE; TO CREATE A CIVIL CAUSE OF ACTION AS A REMEDY 7
FOR VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. For purposes of this section, the following terms 10
have the meaning ascribed herein: 11
(a) "Adult performance" means any performance that is 12
an obscene performance or a performance harmful to minors, 13
including any such performance that features: 14
(i) Topless dancers, 15
(ii) Go-go dancers, 16
(iii) Exotic dancers, 17
(iv) Strippers, 18
(v) Male or female impersonators, or 19
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(vi) Any performer who performs actual or 20
simulated sexual activities, including removal of articles of 21
clothing or appearing unclothed. 22
(b) "Performance harmful to minors" means a performance 23
if: 24
(i) The average person, applying contemporary 25
community standards, would find that the performance, taking the 26
performance as a whole and with respect to minors, is designed to 27
appeal to, or is designed to pander to, the prurient interest; 28
(ii) The performance exploits, is devoted to, or 29
principally consists of descriptions of actual, simulated, or 30
animated display or depiction of any of the following, in a manner 31
patently offensive with respect to minors: 32
1. Pubic hair, anus, vulva, genitals, or 33
nipple of the female breast. 34
2. Touching, caressing, or fondling of 35
nipples, breasts, buttocks, anuses, or genitals. 36
3. Sexual intercourse, masturbation, sodomy, 37
bestiality, oral copulation, flagellation, excretory functions, 38
exhibitions, or any other sexual act; and, 39
(iii) The performance taken as a whole lacks 40
serious literary, artistic, political, or scientific value for 41
minors. 42
(c) "Obscene" has the same meaning as assigned in 43
Section 97-29-103(1). 44
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SECTION 2. (1) No person may perform in or exhibit an adult 45
performance: 46
(a) On public property; or 47
(b) In a location where the adult performance could be 48
viewed by a minor. 49
(2) No state agency or political subdivision may exhibit, or 50
fund in whole or in part with public funds, an adult performance. 51
(3) (a) If a state agency, political subdivision, person, 52
owner, lessee, or other person in actual control of a property 53
organizes, hosts, or funds an adult performance in violation of 54
this section, a person exposed to the obscene performance, or the 55
parent or legal guardian of a minor exposed to an obscene 56
performance or performance harmful to minors, may bring an action 57
to seek injunctive relief and damages against such entity or 58
person. 59
(b) A person who brings an action under this section 60
shall be entitled to court costs, injunctive relief, economic and 61
noneconomic damages, punitive damages under Section 11-1-65, 62
reasonable expenses of litigation including, without limitation, 63
expert witness fees and court reporter's fees, and reasonable 64
attorney's fees. 65
(c) (i) An individual may assert a violation of this 66
section as a claim in any judicial or administrative proceeding 67
without regard to whether the proceeding is brought by or in the 68
name of the government, any private person or any other party. 69
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(ii) An action under this section may be 70
commenced, and relief may be granted, in a court of the state 71
without regard to whether the individual commencing the action has 72
sought or exhausted available administrative remedies. 73
(iii) Sovereign immunity shall not be an 74
affirmative defense in any action pursuant to this section. 75
(iv) Individual claims that satisfy the generally 76
applicable standards for joinder or class action elsewhere 77
provided by law or rules of court, as applicable, may combine 78
their claims in a single action. 79
(v) A person that has violated this section in a 80
manner that satisfies the standards of Section 11-1-65 may be held 81
liable for punitive damages. 82
(vi) The remedies available under this section may 83
be awarded without regard to whether the conduct giving rise to 84
the remedy resulted in a criminal conviction. 85
(vii) In an action under this section, no plaintiff 86
shall be allocated fault under Section 11-7-15. One hundred 87
percent (100%) of the fault in any such action shall be allocated 88
under Section 85-5-7, to persons, other than the plaintiff or 89
plaintiffs, found to be causally at fault. No party may disclose 90
to the trier of fact the impact of this provision. 91
(4) Notwithstanding any other law or ordinance to the 92
contrary, this section expressly: 93
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ST: Adult performances; prohibit in a location
where minors could view, create cause of action.
(a) Preempts an ordinance, regulation, restriction, or 94
license that was lawfully adopted or issued by a political 95
subdivision prior to the effective date of this act that is in 96
conflict with this section; and 97
(b) Prevents or preempts a political subdivision from 98
enacting and enforcing in the future other ordinances, 99
regulations, restrictions, or licenses that are in conflict with 100
this section. 101
(5) This section shall not be construed in a manner that 102
would violate any right to free speech guaranteed by the First 103
Amendment to the United States Constitution or Article 3, Section 104
13 of the Mississippi Constitution of 1890. 105
SECTION 3. This act shall take effect and be in force from 106
and after its passage. 107