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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill
SENATE BILL NO. 2812
AN ACT TO AMEND SECTION 97-29-107, MISSISSIPPI CODE OF 1972, 1
TO DELETE THE EXEMPTION FOR ANY PUBLIC OR PRIVATE SCHOOL LIBRARY 2
IN THIS STATE FROM THE CRIME OF DISTRIBUTING OBSCENE MATERIALS; 3
AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 97-29-107, Mississippi Code of 1972, is 6
amended as follows: 7
97-29-107. (1) Sections 97-29-101 through 97-29-109 shall 8
not apply when the distribution or wholesale distribution of the 9
material, performance or device was made by: 10
(a) A person, corporation, company, partnership, firm, 11
association, business, establishment or other legal entity to a 12
person associated with an institution of higher learning, either 13
as a member of the faculty or as a matriculated student, teaching 14
or pursuing a course of study related to such material, 15
performance or device; 16
(b) A licensed physician or a licensed psychologist to 17
a person whose receipt of such material or device was authorized 18
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in writing by such physician or psychologist in the course of 19
medical or psychological treatment or care; 20
(c) A person who while acting in his capacity as an 21
employee is employed on a full-time or part-time basis by (i) any 22
recognized historical society or museum accorded charitable status 23
by the federal government; (ii) any state, county or municipal 24
public library; or (iii) any library of any * * * college or 25
university in this state; or 26
(d) A community television antenna services system or a 27
cable television system operating pursuant to a written agreement 28
not in conflict with this paragraph granted by a county, 29
municipality or other political subdivision of this state, or by 30
an employee of such system while acting within the scope of his 31
employment, when the signal transmitting the material or 32
performance originates outside of the State of Mississippi. 33
(2) Any exemption from prosecution claimed under the 34
provisions of this section may be raised at a pretrial hearing by 35
motion, and the court shall determine whether sufficient evidence 36
exists to constitute an exemption from prosecution under the 37
provisions of Sections 97-29-101 through 97-29-109. If the motion 38
is sustained, the case shall be dismissed; provided, however, if 39
the motion is not sustained then the defendant may offer into 40
evidence at trial as an affirmative defense to conviction under 41
Sections 97-29-101 through 97-29-109 any matter which could have 42
been raised by the defendant in the motion to dismiss. 43
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ST: Crime of distribution of obscene materials;
delete exemption for public and private school
libraries.
SECTION 2. This act shall take effect and be in force from 44
and after July 1, 2026. 45