Bill > SB2821

This bill establishes the crime of "capital sexual battery" in Mississippi, which applies to individuals 18 or older who commit sexual battery or injure the sexual organs of a person under 12 years old. If convicted of this capital felony, a separate sentencing proceeding will be held to determine if the defendant should receive the death penalty or life imprisonment without parole. This proceeding will involve presenting evidence of aggravating factors (reasons for a harsher sentence) and mitigating circumstances (reasons for a lesser sentence), with specific lists provided for each. The jury will first determine if at least two aggravating factors exist, and if so, will recommend a sentence of life without parole or death. The judge will then consider the jury's recommendation and can impose either sentence, but must provide a written explanation if they deviate from the jury's recommendation or if they impose the death penalty. The bill also outlines automatic review of death sentences by the Supreme Court and specifies that this new crime and its penalties apply to offenses committed on or after its effective date. Conforming amendments are made to laws regarding parole eligibility, protection order registries, and arrest procedures to reflect these changes.

Justice

https://billstatus.ls.state.ms.us/2026/pdf/history/SB/SB2821.xml