2005 Regular Session
By: Representative Malone
AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO PROHIBIT SEXUAL ACTIVITY BETWEEN CORRECTION EMPLOYEES AND OFFENDERS WHO ARE UNDER CORRECTIONAL SUPERVISION; 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 is unlawful for any jailer, guard, employee of the Department of Corrections, sheriff, constable, marshal or other officer to engage in any sexual penetration, as defined in Section 97-3-97, or have carnal knowledge of any offender, with * * * the offender's consent, who is incarcerated at any jail or any state, county or private correctional facility or who is serving on probation, parole, earned-release supervision, post-release supervision, earned probation or any other form of correctional supervision. Any person who violates this section is 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, 2005.