Mississippi Child Pornography Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed February 27, 2025

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Child pornography, or Child Sexual Abuse Material (CSAM), is a crime in every state. Generally, CSAM laws make it a crime to produce, possess, distribute, or sell child pornography. The law in Mississippi is no different. If you're facing CSAM charges, you should understand these laws.

Lawmakers in Mississippi have passed many new laws in recent years to combat the sexual exploitation of children and human trafficking. Here, we'll discuss the child pornography laws in Mississippi and the penalties you'll face if convicted of these sex crimes.

How Does Mississippi Law Define Child Pornography?

Mississippi law defines child pornography as any material that depicts a child under 18 years of age engaging in sexually explicit conduct. This includes blatant sexual acts. But, it also includes content that depicts minors in simulated sexual conduct.

Under Mississippi law, obscene materials include:

  • Sexual abuse
  • Sexual exploitation of children
  • Masturbation
  • Sadomasochistic acts
  • Bestiality

Law enforcement may arrest you if you have CSAM in your possession. This includes any posts you have made or shared on social media.

Mississippi Child Porn Laws at a Glance

If you aren't a sex crime attorney, it can be challenging to navigate the MS Code. Here, we've broken Mississippi Code Title 97 down for you.

The following chart highlights the State of Mississippi's child pornography laws.

Code section

Mississippi Code Sections 97-5-31 through 35: Exploitation of Children
Definitions

"Child" is any person under 18.

"Sexually explicit conduct" includes the following actual or simulated acts:

  • Sexual intercourse
  • Bestiality
  • Masturbation
  • Sadistic or masochistic abuse
  • Lascivious exhibition of the genitals or pubic area
  • Fondling of the genitals, pubic area, buttocks, anus, or breast
What's prohibited?

Producing Child Pornography:

  • Soliciting or knowingly permitting any child to engage in sexually explicit conduct for producing a visual depiction of the conduct
  • Filming, videotaping, or otherwise depicting or recording a child engaging in sexually explicit conduct
  • Downloading sexually explicit materials involving a minor
  • Knowingly enticing, coercing, or ordering a child to meet with a third party to engage in sexually explicit conduct.

Possessing Child Pornography:

  • Possessing any photo, film, videotape, or other visual depiction of a child engaging in sexually explicit conduct

Distributing Child Pornography:

  • Distributing, selling, or attempting to sell any visual depiction of a child engaging in sexually explicit conduct
  • Knowingly sending, mailing, or receiving any visual depiction of a child engaging in sexually explicit conduct
Undercover police officers

That an undercover law enforcement officer posed as a child during a criminal investigation isn't a defense to child pornography charges.
Penalties

First offense: Felony, punishable by a fine of $50,000 to $500,000 and five to 40 years imprisonment

Second (or subsequent) offense: Felony, punishable by a fine of $100,000 to $1 million and imprisonment for 20 years to life.

Under Mississippi Code § 45-33-25, anybody convicted of child pornography in Mississippi must register as a sex offender.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Sexting Laws

"Sexting" is the act of sending an explicit photo or message using a cellphone. Minors who sext naked pictures of themselves to others may violate Mississippi's child pornography laws because Mississippi doesn't have an exception for minors who sext other minors. It's possible for two teenagers who are sexting each other to violate the state's child pornography laws and face potential jail time.

For more information, see Child Pornography and Selfies: What You Need to Know.

More Resources

State laws change frequently. Contact a local criminal defense attorney for legal advice and case-specific information on Mississippi's CSAM laws.

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