MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Judiciary, Division B
By: Senator(s) Huggins
AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO CLARIFY CRIME OF SEX BETWEEN LAW ENFORCEMENT PERSONNEL AND PRISONERS; 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, Mississippi Code of 1972, or 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 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, 2004.