Bill Text: MS SB2810 | 2026 | Regular Session | Introduced

Mississippi Senate Bill 2810

Introduced

Bill Title: Sexual misconduct by a psychotherapist; criminalize.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [SB2810 Detail]

Download: Mississippi-2026-SB2810-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Hill

Senate Bill 2810

AN ACT TO CREATE THE FELONY CRIME OF SEXUAL MISCONDUCT BY A PSYCHOTHERAPIST; TO PROHIBIT THERAPEUTIC DECEPTION; TO PROVIDE CRIMINAL PENALTIES; TO PROVIDE THAT CONSENT IS NOT A DEFENSE TO SUCH CRIMES; TO DEFINE TERMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) Any psychotherapist who commits sexual misconduct with a client, or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact, commits a felony.

(b) Upon conviction of a first offense, a person may be punished by imprisonment within the Department of Corrections not to exceed five (5) years, by a fine not to exceed Five Thousand Dollars ($5,000.00), or by such imprisonment and fine. Upon conviction of a second or subsequent offense, a person may be punished by imprisonment within the Department of Corrections not to exceed fifteen (15) years, by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by such imprisonment and fine.

(2) (a) Any psychotherapist who violates subsection (1) by means of therapeutic deception commits a felony.

(b) Upon conviction of a first or subsequent offense, a person may be punished by imprisonment within the Department of Corrections not to exceed fifteen (15) years, by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by such imprisonment and fine.

(3) Consent of a client to any such act shall not be a defense to the commission of a felony under this section.

(4) For the purposes of this section, the following terms have the meaning herein ascribed unless the context clearly indicates otherwise:

(a) "Client" means a person to whom the services of a psychotherapist are provided.

(b) "Female genitals" includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.

(d) "Psychotherapist" means any person licensed under Chapters 15, 25, 26, 30, or 31 of Title 73 of the Mississippi Code of 1972 and who provides or purports to provide treatment, diagnosis, assessment, evaluation, or counseling of mental or emotional illness, symptoms, or conditions.

(e) "Sexual misconduct" means the oral, anal, or female genital penetration of another by, the oral or anal penetration of male genitals of another by, or contact with, the sexual organ of another or the anal or female genital or male anal penetration of another by any object.

(f) "Therapeutic deception" means a representation to the client that sexual contact by the psychotherapist is consistent with or part of the treatment of the client.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.