MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary B By: Representative McLean House Bill 1303 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 * * *offender person, with the * * *offender's person's consent, who is: (a) Incarcerated at any jail or any state, county or private correctional facility * * *or; (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 * * *an offender a person to engage in any sexual penetration, as defined in Section 97-3-97, or other sexual act with the * * *offender person, with the * * *offender's 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, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representative McLean
# House Bill 1303
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 * * *offender person, with the * * *offender's person's consent, who is:
(a) Incarcerated at any jail or any state, county or private correctional facility * * *or;
(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 * * *an offender a person to engage in any sexual penetration, as defined in Section 97-3-97, or other sexual act with the * * *offender person, with the * * *offender's 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, 2025.