Selected Statutes: Mississippi

(1) As used in this section, the following terms shall have the meanings herein ascribed:

(a) “Electronic device” means any device used for the purpose of communicating with a child for sexual purposes or any device used to visually depict a child engaged in sexually explicit conduct, store any image or audio of a child engaged in sexually explicit conduct, or transmit any audio or visual image of a child for sexual purposes. Such term may include, but shall not be limited to, a computer, cellular phone, thumb drive, video game system, or any other electronic device that can be used in furtherance of exploiting a child for sexual purposes.

(b) “Pattern of conduct or communication” means a pattern of conduct or communication that would cause a reasonable adult person to believe that the person is communicating with a child with the purpose to entice, coerce, solicit, or prepare a child to engage in sexually explicit conduct, human trafficking, or sexual servitude.

(c) “Human trafficking” means that term as defined in Section 97-3-54.1.

(d) “Sexually explicit conduct” means that term as defined in Section 97-5-31(b).

(e) “Procure sexual servitude of a child” means knowingly subjecting, or attempting to subject, or recruiting, enticing, harboring, transporting, providing or obtaining by any means, or attempting to recruit, entice, harbor, transport, provide, or obtain by any means, a child, knowing that the child will engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or causing or attempting to cause a child to engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material.

(f) “Child” means a person who is under sixteen (16) years of age for purposes of this section.

(2) A person over the age of twenty-one (21) commits the offense of grooming of a child when such person knowingly engages in a pattern of conduct or communication in person; through a third party; through the use of an electronic device, computer, social media, or text messages; or by any other means to gain access to, to gain the compliance of, to prepare, to persuade, to induce, or to coerce a child to engage in sexually explicit conduct or human trafficking or to procure the sexual servitude of a child.

(3)(a) Any person who violates this section shall be guilty of a felony, and upon conviction thereof, be imprisoned in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years, or fined not more than Ten Thousand Dollars ($10,000.00), or both.

(b)(i) Any person who is eighteen (18) years of age or older and violates this section while that person was in a position of trust or authority over the child at the time of the offense shall be guilty of a felony, and upon conviction thereof, be imprisoned in the custody of the Department of Corrections for not less than five (5) years nor more than ten (10) years, or fined not more than Twenty Thousand Dollars ($20,000.00), or both.

(ii) A person in a position of trust or authority over a child includes, without limitation, a child’s teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader, or coach.

(c) Any person who commits a subsequent offense under this section or any person that is a sex offender with a duty to register under Section 45-33-25 who commits an initial offense under this section shall be guilty of a felony, and upon conviction thereof, be imprisoned in the custody of the Department of Corrections for not less than ten (10) years nor more than twenty (20) years, or fined not more than Thirty Thousand Dollars ($30,000.00), or both.

(4) The fines under this section shall be collected and deposited into the Victims of Human Trafficking and Commercial Sexual Exploitation Fund pursuant to Section 97-3-54.11.

(5) Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws of this state.

(6) It shall not be a defense to prosecution under this section that no sexually explicit conduct, human trafficking, or sexual servitude occurred or was accomplished.

(7) For the purposes of venue under this section, any violation of this section shall be considered to have been committed:

(a) In any county in which any act was performed in furtherance of any violation of this section; or

(b) In any county in which the electronic device used to violate this act established a signal, whether by wire, electromagnetic waves, electronic connection, or any other means of connectivity or communication; or

(c) In any county in which the child is located at the time of the offense of this section.