MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representative McLean
AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO PROHIBIT SEXUAL ACTS BETWEEN ANY LAW ENFORCEMENT AND INCARCERATED PERSONS; 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 any * * * person, with the * * * person's consent, who is:
(a) Incarcerated
at any jail or any state, county or private correctional facility * * *;
(b) Who is
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 the * * * person, with the * * * person's consent, who is:
(a) Incarcerated
at any jail or any state, county or private correctional facility * * *;
(b) Who is 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.