English
Español97-5-31. Definitions for sections 97-5-33 to 97-5-37
As used in Sections 97-5-33 through 97-5-37, the following words and phrases shall have the meanings given to them in this section:
(a) “Child” means any individual who has not attained the age of eighteen (18) years and is an identifiable child.
(b) “Sexually explicit conduct” means actual, morphed or simulated:
(i) Oral genital contact, oral anal contact, or sexual intercourse as defined in Section 97-3-65, whether between persons of the same or opposite sex;
(ii) Bestiality;
(iii) Masturbation;
(iv) Sadistic or masochistic abuse;
(v) Lascivious exhibition of the genitals or pubic area of any person; or
(vi) Fondling or other erotic touching of the genitals, pubic area, buttocks, anus or breast.
(c) “Producing” means producing, directing, manufacturing, issuing, publishing, morphing or advertising.
(d) “Visual depiction” includes, without limitation, developed or undeveloped film and video tape or other visual unaltered, altered or morphed reproductions by computer and technology.
(e) “Computer” has the meaning given in Title 18, United States Code, Section 1030.
(f) “Morphed image” means any visual depiction or representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, simulated or other means, of sexually explicit conduct, where such visual depiction or representation has been created, adapted, or modified to appear an identifiable minor is engaging in sexual conduct or sexually explicit activity to appearing in a state of sexually explicit nudity.
(g) “Simulated” means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.
(h) “Identifiable child” means a child who was a minor at the time the image was created, adapted, or modified or whose image as a child was used in the creating, adapting or modifying of the image; and is recognizable as an actual child by the child’s face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. The provisions of this paragraph (h) shall not be construed to require proof of the actual identity of the identifiable child.
