MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Corrections

By: Representative Malone

House Bill 1130

AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION REGARDING CARNAL KNOWLEDGE OF AN OFFENDER BY CORRECTIONAL OFFICERS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-3-104, Mississippi Code of 1972, is amended as follows:

     97-3-104.  It shall be unlawful for any jailer, guard, employee of the Department of Corrections, sheriff, constable, marshal or other officer to have carnal knowledge of any offender, with or without the offender's consent, who is incarcerated at any jail or any state, county or private correctional facility.  Any person who violates this section shall be guilty of a felony and upon conviction shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed five (5) years, or both.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.