MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B
By: Senator(s) Hill
AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO AMEND THE CRIME OF SEXUAL ACTIVITY BETWEEN CERTAIN INDIVIDUALS AND OFFENDERS INCARCERATED IN CORRECTIONAL FACILITIES OR ON CORRECTIONAL SUPERVISION; TO DELETE THE TERM "OFFENDER" AND INCLUDE THE TERM "PERSON"; TO CLARIFY THAT THE CRIME APPLIES TO PERSONS OTHERWISE IN CUSTODY; 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. (1) It is
unlawful for any jailer, guard, employee of the Department of Corrections,
sheriff, constable, marshal, other officer, or employee of a law
enforcement agency or correctional facility to engage in any sexual
penetration, as defined in Section 97-3-97, or other sexual act with * * *
a person, with the * * * person's
consent, who is:
(a) Incarcerated
at any jail or any state, county or private correctional facility * * *;
(b) Serving on
probation, parole, earned-release supervision, post-release supervision, earned
probation, intensive supervision or any other form of correctional supervision * * *; or
(c) Detained, arrested or otherwise in custody.
(2) It is unlawful for any
civilian with supervisory or custodial authority over * * * a person to engage in any
sexual penetration, as defined in Section 97-3-97, or other sexual act with * * * that person, with the * * * person's consent, who is:
(a) Incarcerated
at any jail or any state, county or private correctional facility * * *;
(b) Serving on probation, parole, earned-release supervision, post-release supervision, earned probation, intensive supervision or any other form of correctional supervision; or
(c) Detained, arrested or otherwise in custody.
(3) 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, 2024.