MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division B
By: Senator(s) Blackwell, Caughman, DeBar, Witherspoon, Whaley, Seymour, Branning, Younger, Barnett, McMahan
AN ACT TO ENACT "CARLY'S LAW; TO CREATE NEW SECTION 45-33-63, MISSISSIPPI CODE OF 1972, TO PROHIBIT FUTURE CONTACT BY A CONVICTED SEX OFFENDER WITH THE CRIME VICTIM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 45-33-63, Mississippi Code of 1972:
45-33-63. (1) Except as otherwise provided in this section, it is unlawful for a person required to register as a sex offender under Section 45-33-25 to do or commit any of the following actions with respect to the victim of the offense triggering the duty to register under this chapter:
(a) Threaten, visit, assault, molest, abuse, injure or otherwise interfere with the victim;
(b) Follow the victim, including at the victim's workplace;
(c) Harass the victim;
(d) Contact the victim by telephone, written communication, or electronic means;
(e) Enter or remain present at the victim's residence, school, or place of employment when the victim is present.
(2) This section does not apply if the court in which the conviction was had, at the request of the victim or the parent, guardian or conservator of the victim, enters an order allowing contact with the victim. The court may enter such an order if the court determines that reasonable grounds for the victim to fear any future contact with the defendant no longer exist.
(3) A violation of this section is a felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00) and imprisonment in the custody of the Department of Corrections for not less than five (5) nor more than ten (10) years.
(4) It is an affirmative defense to a prosecution under this section that the victim or the parent, guardian or conservator of the victim, has in fact waived the provisions of this section or exhibited behavior clearly constituting condonation of contact with the victim by the defendant.
(5) A law enforcement officer shall arrest and take into custody a person, with or without a warrant or other process, if the officer has probable cause to believe that the person knowingly has violated this section.
(6) Nothing in this section shall be construed to affect the issuance or enforcement of a criminal sexual assault protection against a defendant who has been convicted under Section 97-3-65 or 97-3-95.
(7) This act shall be known as Carly's Law.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.