2006 Regular Session
To: Judiciary, Division B
By: Senator(s) Tollison
AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION AGAINST CONSENSUAL SEX BETWEEN A JAILER AND A DETAINEE; 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 person, with the person's consent, who is in custody 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 its passage.