Mississippi Code
Miss. Code Ann. § 97-5-31 (2026)
Exploitation of children; definitions
✓ current as of July 2026
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.
Laws, 1979, ch. 479, § 1; Laws, 1995, ch. 484, § 1; Laws, 2003, ch. 562, § 1, eff. 7/1/2003.
Amended by Laws, 2024, ch. 456, HB 1126,§ 9, eff. 7/1/2024.
Amended by Laws, 2013, ch. 543, HB 673, 17, eff. 7/1/2013.
Notes of Decisions
Cited in 28
cases (6 in the last 5 years), 2001–2026 · leading case: Hood v. State, 17 So. 3d 548 (Miss. 2009).
Hood v. State, 17 So. 3d 548 (Miss. 2009). “§ 97-5-33(5) (Rev.2006). Section 97-5-31 defines "`sexually explicit conduct'" as "actual or simulated: .”
Carreiro v. State, 5 So. 3d 1170 (Miss. Ct. App. 2009). “" Section 97-5-31 provides that such conduct is one definition of "sexually explicit conduct.”
Shaffer v. State, 72 So. 3d 1090 (Miss. Ct. App. 2010). “" Miss. Code Ann. § 97-5-31 (a) (Rev.2006).”
Shaffer v. State, 72 So. 3d 1070 (Miss. 2011). “" This was in keeping with the definition found in Mississippi Code Section 97-5-31(a) (Rev.2006), which reads: "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: `Child' means any individual who…”
Marion O' Bryan Strickland v. State of Mississippi, 220 So. 3d 1027 (Miss. Ct. App. 2016). ““Sexually explicit conduct” means actual 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;…”
Gunter v. Gray, 876 So. 2d 315 (Miss. 2004). “) When a parent has been convicted of any of the following offenses against his natural or adopted child: (i) rape of a child under the provisions of Section 97-3-65, (ii) sexual battery of a child under the provisions of Section 97-3-95(c), (iii) touching a child for lustful…”
David William Kent, Jr. v. State of Mississippi, 269 So. 3d 401 (Miss. Ct. App. 2018). “" Section 97-5-31(b) does not define an offense; rather, it defines the words "sexually explicit conduct" in the context of the statute prohibiting child pornography.”
Frank Hartley, Jr. v. John D. Watts, 255 So. 3d 114 (Miss. 2017). “That subsection provides the following ground, justifying termination of parental rights: When a parent has been convicted of any of the following offenses against any child: (i) rape of a child under the provisions of Section 97-3-65, (ii) sexual battery of a child under the…”
Hillman v. Vance, 910 So. 2d 43 (Miss. Ct. App. 2005). “imprisonment; or (g) When a parent has been convicted of any of the following offenses against any child: (i) rape of a child under the provisions of Section 97-3-65, (ii) sexual battery of a child under the provisions of Section 97-3-95(c), (iii) touching a child for lustful…”
Harris v. State, 107 So. 3d 1075 (Miss. Ct. App. 2013). “” Miss.Code Ann. § 97-5-31 (b)(vi) (Rev.2006).”
Cory Cotten v. State of Mississippi, 202 So. 3d 216 (Miss. Ct. App. 2016). “” For purposes of the crime of exploitation of children, Mississippi Code Annotated section 97-5-31(a) (Rev. 2014) defines “child” as “any individual who has not attained the age of eighteen (18) years.”
Strickland v. Darby, 135 So. 3d 234 (Miss. Ct. App. 2014). “” Mississippi Code Annotated section 97-5-31(b)(v) (Supp. 2013) defines sexually explicit conduct as “actual or simulated .”
— Miss. Code Ann. § 97-5-31(a) — 7 cases
Shaffer v. State, 72 So. 3d 1090 (Miss. Ct. App. 2010). “" Miss. Code Ann. § 97-5-31 (a) (Rev.2006).”
Shaffer v. State, 72 So. 3d 1070 (Miss. 2011). “" This was in keeping with the definition found in Mississippi Code Section 97-5-31(a) (Rev.2006), which reads: "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: `Child' means any individual who…”
Carreiro v. State, 5 So. 3d 1170 (Miss. Ct. App. 2009). “" Section 97-5-31 provides that such conduct is one definition of "sexually explicit conduct.”
Cory Cotten v. State of Mississippi, 202 So. 3d 216 (Miss. Ct. App. 2016). “” For purposes of the crime of exploitation of children, Mississippi Code Annotated section 97-5-31(a) (Rev. 2014) defines “child” as “any individual who has not attained the age of eighteen (18) years.”
Harris v. State, 107 So. 3d 1075 (Miss. Ct. App. 2013). “” Miss.Code Ann. § 97-5-31 (b)(vi) (Rev.2006).”
— Miss. Code Ann. § 97-5-31(a)(v) — 1 case
Carreiro v. State, 5 So. 3d 1170 (Miss. Ct. App. 2009). “" Section 97-5-31 provides that such conduct is one definition of "sexually explicit conduct.”
— Miss. Code Ann. § 97-5-31(b) — 2 cases
Marion O' Bryan Strickland v. State of Mississippi, 220 So. 3d 1027 (Miss. Ct. App. 2016). ““Sexually explicit conduct” means actual 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;…”
David William Kent, Jr. v. State of Mississippi, 269 So. 3d 401 (Miss. Ct. App. 2018). “" Section 97-5-31(b) does not define an offense; rather, it defines the words "sexually explicit conduct" in the context of the statute prohibiting child pornography.”
— Miss. Code Ann. § 97-5-31(b)(v) — 2 cases
Carreiro v. State, 5 So. 3d 1170 (Miss. Ct. App. 2009). “" Section 97-5-31 provides that such conduct is one definition of "sexually explicit conduct.”
Strickland v. Darby, 135 So. 3d 234 (Miss. Ct. App. 2014). “” Mississippi Code Annotated section 97-5-31(b)(v) (Supp. 2013) defines sexually explicit conduct as “actual or simulated .”
— Miss. Code Ann. § 97-5-31(c) — 1 case
Austin Kelly Kirk v. State of Mississippi (Miss. Ct. App. 2026).
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