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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Butler-Washington, Gibbs
(72nd), Nelson, Holloway (27th), Anthony
HOUSE BILL NO. 1003
AN ACT TO AMEND SECTION 97-27-14, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE CRIME OF CAUSING EXPOSURE TO CERTAIN CONTAGIOUS 2
DISEASES TO INTENTIONAL TRANSMISSION OF INFECTIOUS DISEASES; TO 3
ESTABLISH DEFENSES TO PROSECUTION; TO REVISE THE PENALTIES FOR 4
PERSONS GUILTY OF COMMITTING THE CRIMES OF INTENTIONAL 5
TRANSMISSION OF INFECTIOUS DISEASES AND ENDANGERMENT BY BODILY 6
SUBSTANCE; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 97-27-14, Mississippi Code of 1972, is 9
amended as follows: 10
97-27-14. (1) It shall be unlawful for any person to * * * 11
act with the specific intent to transmit an infectious disease to 12
another person * * * through an activity that creates a 13
substantial risk of transmission and transmits an infectious 14
disease to another person. 15
(2) It is a defense to prosecution under this section if: 16
(a) The person who acquired the infectious disease knew 17
of the defendant's positive status before engaging in the conduct 18
that posed a substantial risk of transmission; or 19
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(b) The infectious disease was not transmitted to the 20
person; or 21
(c) The person took or attempted to take means to 22
prevent transmission of the infectious disease. 23
(3) For the purposes of this section, the following terms 24
have the meanings ascribed in this subsection: 25
(a) "Infectious disease" means a nonairborne or 26
nonrespiratory disease spread from person to person which is fatal 27
or causes disabling long-term consequences in the absence of 28
lifelong treatment and management. 29
(b) "Conduct that poses a substantial risk of 30
transmission" means an activity that has a reasonable probability 31
of disease transmission as proven by competent medical or 32
epidemiological evidence. Conduct posing a low or negligible risk 33
of transmission, as proven by competent medical or epidemiological 34
evidence, does not meet the definition of "conduct that poses a 35
substantial risk of transmission." 36
(c) "Means to prevent transmission" means any method, 37
device, behavior or activity scientifically demonstrated to 38
measurably limit, reduce or eliminate the risk of transmitting an 39
infectious disease, including, but not limited to, the use of a 40
condom, barrier protection or prophylactic device, or compliance 41
with a medical treatment regimen for the infectious disease 42
prescribed by a health officer or physician. A person may not be 43
deemed to have acted with specific intent solely because the 44
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person failed to use or attempt to use means to prevent 45
transmission of an infectious disease. 46
( * * *4) (a) A person commits the crime of endangerment by 47
bodily substance if the person * * * specifically intends to 48
transmit an infectious disease and transmits an infectious disease 49
to a corrections employee, a visitor to a correctional facility or 50
another prisoner or offender * * *. 51
(b) As used in this subsection, the following 52
definitions shall apply unless the context clearly requires 53
otherwise: 54
(i) "Corrections employee" means a person who is 55
an employee or contracted employee of a subcontractor of a 56
department or agency responsible for operating a jail, prison, 57
correctional facility or a person who is assigned to work in a 58
jail, prison or correctional facility. 59
(ii) "Offender" means a person who is in the 60
custody of the Department of Corrections. 61
(iii) "Prisoner" means a person confined in a 62
county or city jail. 63
* * * 64
( * * *5) * * * A violation of this section is a misdemeanor 65
and shall be punished by imprisonment in the county jail for up to 66
one (1) year and may be fined One Thousand Dollars ($1,000.00), or 67
both. 68
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ST: Crimes of exposing another to contagious
diseases and endangerment by bodily substance;
revise elements and penalties.
( * * *6) The provisions of this section shall be in 69
addition to any other provisions of law for which the actions 70
described in this section may be prosecuted. 71
SECTION 2. This act shall take effect and be in force from 72
and after July 1, 2026. 73