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Bill > HB1303


MS HB1303

MS HB1303
Sexual acts between incarcerated persons and law enforcement; prohibit.


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill amends Mississippi Code Section 97-3-104 to expand and clarify prohibitions on sexual acts between law enforcement personnel and individuals under their supervision or custody. The legislation broadens the existing law by replacing the term "offender" with "person" and explicitly outlining three categories of individuals who are protected: (1) those incarcerated in any jail or correctional facility, (2) individuals serving various forms of correctional supervision like probation or parole, and (3) people who are detained, arrested, or otherwise in custody. The bill applies to both law enforcement employees (such as jailers, guards, sheriffs, and other agency employees) and civilians with supervisory authority. Sexual acts with these individuals are now considered unlawful even if the person gives consent, recognizing the inherent power imbalance in such situations. Anyone found in violation of this law can be charged with a felony and, upon conviction, may face a fine up to $5,000, imprisonment for up to five years, or both. The legislation is set to take effect on July 1, 2025, providing time for law enforcement agencies and correctional facilities to understand and implement the new provisions.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

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