Senate Bill 2088

AN ACT TO ENACT THE CONTRACEPTION BEGINS AT ERECTION ACT; TO DEFINE TERMS; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR A PERSON TO DISCHARGE GENETIC MATERIAL WITHOUT THE INTENT TO FERTILIZE AN EGG; TO PROVIDE FOR CRIMINAL PENALTIES; TO PROVIDE CERTAIN EXCEPTIONS; TO DEFINE TERMS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This section shall be known and may be cited as the "Contraception Begins at Erection Act."

(2) It shall be unlawful for a person to discharge genetic material without the intent to fertilize an egg.

(3) Upon conviction of a violation of this section, a person shall be fined as follows, and the fine shall be payable to the woman whose egg was fertilized as a result of the act:

(a) One Thousand Dollars ($1,000.00) for a first offense;

(b) Five Thousand Dollars ($5,000.00) for a second offense; and

(4) This section shall not apply to the discharge of genetic material:

(a) Donated or sold to a facility for the purpose of future procedures to fertilize an egg; and

(b) Discharged with the use of a contraceptive or contraceptive method intended to prevent fertilization of an egg.

(5) As used in this section, the following terms have the meaning herein ascribed unless the context clearly requires otherwise:

(a) "Contraceptive" means any drug, device, or method, whether available by prescription or

over-the-counter, that is intended to prevent pregnancy.

(b) "Contraceptive method" includes, but is not limited to:

(i) Barrier methods such as condoms, diaphragms, and cervical caps;

(ii) Hormonal methods such as birth control pills, patches, injections, implants, and vaginal rings;

(iii) Intrauterine devices (IUDs);

(iv) Emergency contraceptives;

(v) Sterilization procedures; and

(vi) Any other medically recognized method designed to prevent the fertilization of an egg.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.