Bill Text: MS HB889 | 2026 | Regular Session | Introduced

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Bill Title: Sexual acts between incarcerated persons and law enforcement; prohibit.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [HB889 Detail]

Download: Mississippi-2026-HB889-Introduced.html

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary B

By: Representative McLean

House Bill 889

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, 2026.

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