| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary B By: Representative McLean House Bill 862 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. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary B |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative McLean |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 862 |
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| 12 | 12 | | |
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| 13 | 13 | | 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. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 97-3-104, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 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: |
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| 20 | 20 | | |
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| 21 | 21 | | (a) Incarcerated at any jail or any state, county or private correctional facility * * *or; |
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| 22 | 22 | | |
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| 23 | 23 | | (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 |
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| 24 | 24 | | |
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| 25 | 25 | | (c) Detained, arrested or otherwise in custody. |
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| 26 | 26 | | |
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| 27 | 27 | | (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: |
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| 28 | 28 | | |
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| 29 | 29 | | (a) Incarcerated at any jail or any state, county or private correctional facility * * *.; |
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| 30 | 30 | | |
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| 31 | 31 | | (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 |
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| 32 | 32 | | |
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| 33 | 33 | | (c) Detained, arrested or otherwise in custody. |
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| 34 | 34 | | |
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| 35 | 35 | | (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. |
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| 36 | 36 | | |
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| 37 | 37 | | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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