Senate Bill 2634

(As Sent to Governor)

AN ACT TO AMEND SECTION 97-5-3, MISSISSIPPI CODE OF 1972, TO ALLOW CHARGES AGAINST A PARENT WHO SHALL DESERT OR WILLFULLY NEGLECT OR REFUSE TO PROVIDE SUPPORT AND MAINTENANCE OF HIS OR HER CHILD WHEN THAT CHILD IS UNDER 21 YEARS OF AGE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-5-3, Mississippi Code of 1972, is amended as follows:

97-5-3. (1) Any parent who shall desert or * * * ~~wilfully~~ willfully neglect or refuse to provide for the support and maintenance of his or her child or children, including the natural parent of an illegitimate child or children wherein paternity has been established by law or when the natural parent has acknowledged paternity in writing, while said child or children are under the age of * * * ~~eighteen (18)~~ twenty-one (21) years shall be guilty of a felony and, on conviction thereof, shall be punished for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by commitment to the custody of the Department of Corrections not more than five (5) years, or both; and for a second or subsequent offense, by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by commitment to the custody of the Department of Corrections not less than two (2) years nor more than five (5) years, or both, in the discretion of the court.

(2) In any prosecution under this section, it is a defense if, during the relevant time period, the child:

(i) Marries, or

(ii) Joins the military and serves on a full-time basis, or

(iii) Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony, or

(iv) Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled, or

(v) Voluntarily moves from the home of the custodial parent or guardian, establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of twenty-one (21) years, or

(vi) Cohabits with another person without the approval of the parent obligated to pay support.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.