Human smuggling and/or harboring; create crime for those who have illegally entered or illegally remained in the U.S.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Currie

HOUSE BILL NO. 1037

AN ACT TO CREATE THE CRIME OF UNLAWFUL HUMAN HARBORING; TO 1
PROVIDE THAT A PERSON WHO HARBORS OR HIDES OR ASSISTS ANOTHER IN 2
HARBORING OR HIDING ANY PERSON WHO ILLEGALLY ENTERED OR ILLEGALLY 3
REMAINS IN THE UNITED STATES COMMITS THE CRIME OF UNLAWFUL 4
HARBORING; TO CREATE THE CRIME OF UNLAWFUL HUMAN SMUGGLING; TO 5
PROVIDE THAT A PERSON WHO TRANSPORTS OR ASSISTS ANOTHER IN 6
TRANSPORTING ANY PERSON WHO ILLEGALLY ENTERED OR ILLEGALLY REMAINS 7
IN THE UNITED STATES COMMITS THE CRIME OF UNLAWFUL SMUGGLING; TO 8
AMEND SECTIONS 97-3-54.1 AND 97-3-54.2, MISSISSIPPI CODE OF 1972, 9
TO CONFORM CERTAIN HUMAN TRAFFICKING PROVISIONS TO THIS ACT; TO 10
BRING FORWARD SECTION 97-3-54.4, MISSISSIPPI CODE OF 1972, WHICH 11
CREATES A CRIME FOR DESTRUCTION AND/OR CONCEALMENT OF PASSPORTS OR 12
IMMIGRATION DOCUMENTS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED 13
PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. (1) A person commits the crime of unlawful 16
harboring when he or she harbors or hides or assists another 17
person in harboring or hiding an individual in this state when the 18
person knows or should have known that the individual has 19
illegally entered or illegally remained in the United States, as 20
determined by the Bureau of Immigration and Customs Enforcement 21
within the United States Department of Homeland Security. 22
(2) Upon conviction for a violation of this section, the 23
person shall be guilty of a misdemeanor, and punished by a fine of 24
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no less than One Thousand Dollars ($1,000.00) for each person 25
harbored or hidden in violation of this section. 26
SECTION 2. (1) A person commits the crime of unlawful human 27
smuggling who knowingly: 28
(a) Transports ten (10) or more persons eighteen (18) 29
years of age or older or five (5) or more persons under eighteen 30
(18) years of age for the purpose of commercial advantage or 31
private financial gain, with the intent to conceal the individuals 32
from a law enforcement officer or a federal immigration officer, 33
while knowing the persons have illegally entered or illegally 34
remained in the United States, as determined by the Bureau of 35
Immigration and Customs Enforcement within the United States 36
Department Of Homeland Security; or 37
(b) Encourages or induces ten (10) or more persons 38
eighteen (18) years of age or older or five (5) or more persons 39
under eighteen (18) years of age to enter or remain in this state 40
in violation of federal law, as determined by the Bureau of 41
Immigration and Customs Enforcement of the United States 42
Department of Homeland Security, by concealing, harboring, or 43
shielding those persons from detection. 44
(2) (a) Upon conviction for a violation of this section for 45
unlawfully smuggling persons over eighteen (18) years of age, a 46
person shall be guilty of a felony, committed to the custody of 47
the Department of Corrections for not less than two (2) years nor 48
more than ten (10) years, fined not less than Five Thousand 49
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Dollars ($5,000.00) nor more than Twenty Thousand Dollars 50
($20,000.00), or both. 51
(b) Upon conviction for a violation of this section for 52
smuggling persons under eighteen (18) years of age, a person 53
shall be guilty of a felony, committed to the custody of the 54
Department of Corrections for not less than four (4) years nor 55
more than twenty (20) years, by a fine of not less than Ten 56
Thousand Dollars ($10,000.00) nor more than Thirty Thousand 57
Dollars ($30,000.00), or both. 58
SECTION 3. Section 97-3-54.1, Mississippi Code of 1972, is 59
amended as follows: 60
97-3-54.1. (1) (a) A person who coerces, recruits, 61
entices, harbors, hides, smuggles, transports, provides or obtains 62
by any means, or attempts to coerce, recruit, entice, harbor, 63
transport, provide or obtain by any means, another person, 64
intending or knowing that the person will be subjected to forced 65
labor or services, or who benefits, whether financially or by 66
receiving anything of value from participating in an enterprise 67
that he knows or reasonably should have known has engaged in such 68
acts, shall be guilty of the crime of human trafficking. 69
(b) A person who knowingly purchases the forced labor 70
or services of a trafficked person or who otherwise knowingly 71
subjects, or attempts to subject, another person to forced labor 72
or services or who benefits, whether financially or by receiving 73
anything of value from participating in an enterprise that he 74
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knows or reasonably should have known has engaged in such acts, 75
shall be guilty of the crime of procuring involuntary servitude. 76
(c) A person who knowingly subjects, or attempts to 77
subject, or who recruits, entices, harbors, hides, smuggles, 78
transports, provides or obtains by any means, or attempts to 79
recruit, entice, harbor, transport, provide or obtain by any 80
means, a minor, knowing that the minor will engage in commercial 81
sexual activity, sexually explicit performance, or the production 82
of sexually oriented material, or causes or attempts to cause a 83
minor to engage in commercial sexual activity, sexually explicit 84
performance, or the production of sexually oriented material, 85
shall be guilty of procuring sexual servitude of a minor and shall 86
be punished by commitment to the custody of the Department of 87
Corrections for not less than twenty (20) years nor more than life 88
in prison, or by a fine of not less than Fifty Thousand Dollars 89
($50,000.00) nor more than Five Hundred Thousand Dollars 90
($500,000.00), or both. It is not a defense in a prosecution 91
under this section that a minor consented to engage in the 92
commercial sexual activity, sexually explicit performance, or the 93
production of sexually oriented material, or that the defendant 94
reasonably believed that the minor was eighteen (18) years of age 95
or older. 96
(2) If the victim is not a minor, a person who is convicted 97
of an offense set forth in subsection (1)(a) or (b) of this 98
section shall be committed to the custody of the Department of 99
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Corrections for not less than two (2) years nor more than twenty 100
(20) years, or by a fine of not less than Ten Thousand Dollars 101
($10,000.00) nor more than One Hundred Thousand Dollars 102
($100,000.00), or both. If the victim of the offense is a minor, 103
a person who is convicted of an offense set forth in subsection 104
(1)(a) or (b) of this section shall be committed to the custody of 105
the Department of Corrections for not less than twenty (20) years 106
nor more than life in prison, or by a fine of not less than Twenty 107
Thousand Dollars ($20,000.00) nor more than One Hundred Thousand 108
Dollars ($100,000.00), or both. 109
(3) An enterprise may be prosecuted for an offense under 110
this chapter if: 111
(a) An agent of the enterprise knowingly engages in 112
conduct that constitutes an offense under this chapter while 113
acting within the scope of employment and for the benefit of the 114
entity. 115
(b) An employee of the enterprise engages in conduct 116
that constitutes an offense under this chapter and the commission 117
of the offense was part of a pattern of illegal activity for the 118
benefit of the enterprise, which an agent of the enterprise either 119
knew was occurring or recklessly disregarded, and the agent failed 120
to take effective action to stop the illegal activity. 121
(c) It is an affirmative defense to a prosecution of an 122
enterprise that the enterprise had in place adequate procedures, 123
including an effective complaint procedure, designed to prevent 124
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persons associated with the enterprise from engaging in the 125
unlawful conduct and to promptly correct any violations of this 126
chapter. 127
(d) The court may consider the severity of the 128
enterprise's offense and order penalties, including: (i) a fine 129
of not more than One Million Dollars ($1,000,000.00); (ii) 130
disgorgement of profit; and (iii) debarment from government 131
contracts. Additionally, the court may order any of the relief 132
provided in Section 97-3-54.7. 133
(4) In addition to the mandatory reporting provisions 134
contained in Sections 43-21-353 and 97-5-51, any person who has 135
reasonable cause to suspect that a minor under the age of eighteen 136
(18) is a trafficked person shall immediately make a report of the 137
suspected child abuse or neglect to the Department of Child 138
Protection Services and to the Statewide Human Trafficking 139
Coordinator. The Department of Child Protection Services or the 140
Statewide Human Trafficking Coordinator, whichever is applicable, 141
shall then immediately notify the law enforcement agency in the 142
jurisdiction where the suspected child abuse, neglect or 143
trafficking occurred as required in Section 43-21-353, and the 144
department that received the report shall also commence an initial 145
investigation into the suspected abuse or neglect as required in 146
Section 43-21-353. The department that received such report shall 147
provide an annual report to the Speaker of the Mississippi House 148
of Representatives, the Lieutenant Governor, the Chairpersons of 149
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the House and Senate Judiciary Committees that includes the number 150
of reports received, the number of cases screened in or out, the 151
number of cases in which care and services were provided as a 152
result of the report, and the type of care and services that were 153
provided. A minor who has been identified as a victim of 154
trafficking shall not be liable for criminal activity in violation 155
of this section. 156
(5) It is an affirmative defense in a prosecution under this 157
act that the defendant: 158
(a) Is a victim; and 159
(b) Committed the offense under a reasonable 160
apprehension created by a person that, if the defendant did not 161
commit the act, the person would inflict serious harm on the 162
defendant, a member of the defendant's family, or a close 163
associate. 164
SECTION 4. Section 97-3-54.4, Mississippi Code of 1972, is 165
amended as follows: 166
97-3-54.4. For the purposes of the Mississippi Human 167
Trafficking Act the following words and phrases shall have the 168
meanings ascribed herein unless the context clearly requires 169
otherwise: 170
(a) "Act" or "this act" means the Mississippi Human 171
Trafficking Act. 172
(b) "Actor" means a person who violates any of the 173
provisions of Sections 97-3-54 through 97-3-54.4. 174
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(c) "Blackmail" means obtaining property or things of 175
value of another by threatening to (i) inflict bodily injury on 176
anyone; or (ii) commit any other criminal offense. 177
(d) "Coerce" or "coercion" means: 178
(i) Causing or threatening to cause bodily harm to 179
any person, physically restraining or confining any person, or 180
threatening to physically restrain or confine any person; 181
(ii) Exposing or threatening to expose any fact or 182
information or disseminating or threatening to disseminate any 183
fact or information that would tend to subject a person to 184
criminal or immigration proceedings, hatred, contempt or ridicule; 185
(iii) Destroying, concealing, removing, 186
confiscating or possessing any actual or purported passport or 187
other immigration document, or any other actual or purported 188
government identification document of any person; 189
(iv) Providing a controlled substance to a person 190
for the purpose of compelling the person to engage in labor or 191
sexual servitude against the person's will; 192
(v) Causing or threatening to cause financial harm 193
to any person or using financial control over any person; 194
(vi) Abusing or threatening to abuse a position of 195
power, the law, or legal process; 196
(vii) Using blackmail; 197
(viii) Using an individual's personal services as 198
payment or satisfaction of a real or purported debt when: 1. the 199
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reasonable value of the services is not applied toward the 200
liquidation of the debt; 2. the length of the services is not 201
limited and the nature of the services is not defined; 3. the 202
principal amount of the debt does not reasonably reflect the value 203
of the items or services for which the debt is incurred; or 4. the 204
individual is prevented from acquiring accurate and timely 205
information about the disposition of the debt; or 206
(ix) Using any scheme, plan or pattern of conduct 207
intended to cause any person to believe that, if the person did 208
not perform the labor or services, that the person or another 209
person would suffer serious harm or physical restraint. 210
(x) Promises of delivery to the United States 211
without proper legal authorization to enter or remain in the 212
United States as determined by the Bureau of Immigration and 213
Customs Enforcement within the United States Department Of 214
Homeland Security. 215
(e) "Commercial sexual activity" means any sex act on 216
account of which anything of value is given to, promised to, or 217
received by any person. 218
(f) "Enterprise" means any individual, sole 219
proprietorship, partnership, corporation, union or other legal 220
entity, or any association or group of individuals associated in 221
fact regardless of whether a legal entity has been formed pursuant 222
to any state, federal or territorial law. It includes illicit as 223
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well as licit enterprises and governmental as well as other 224
entities. 225
(g) "Financial harm" includes, but is not limited to, 226
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 227
or violation of the usury law as defined by Chapter 17, Title 228
75, * * * Mississippi Code of 1972. 229
(h) "Forced labor or services" means labor or services 230
that are performed or provided by another person and are obtained 231
or maintained through coercion. 232
(i) "Labor" means work of economic or financial value. 233
(j) "Maintain" means, in relation to labor or services, 234
to secure continued performance thereof, regardless of any initial 235
agreement on the part of the trafficked person to perform such 236
labor or service. 237
(k) "Minor" means a person under the age of eighteen 238
(18) years. 239
(l) "Obtain" means, in relation to labor or services, 240
to secure performance thereof. 241
(m) "Pecuniary damages" means any of the following: 242
(i) The greater of the gross income or value to 243
the defendant of the victim's labor or services, including sexual 244
services, not reduced by the expense the defendant incurred as a 245
result of maintaining the victim, or the value of the victim's 246
labor or services calculated under the minimum wage and overtime 247
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provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 248
seq., whichever is higher; 249
(ii) If it is not possible or in the best interest 250
of the victim to compute a value under subparagraph (i) of this 251
paragraph (m), the equivalent of the value of the victim's labor 252
or services if the victim had provided labor or services that were 253
subject to the minimum wage and overtime provisions of the Fair 254
Labor Standards Act, 29 USCS 201 et seq.; 255
(iii) Costs and expenses incurred by the victim as 256
a result of the offense for: 257
1. Medical services; 258
2. Therapy or psychological counseling; 259
3. Temporary housing; 260
4. Transportation; 261
5. Childcare; 262
6. Physical and occupational therapy or 263
rehabilitation; 264
7. Funeral, interment, and burial services; 265
reasonable attorney's fees and other legal costs; and 266
8. Other expenses incurred by the victim. 267
(n) "Serious harm" means harm, whether physical or 268
nonphysical, including psychological, economic or reputational, to 269
an individual that would compel a reasonable person in similar 270
circumstances as the individual to perform or continue to perform 271
labor or services to avoid incurring the harm. 272
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(o) "Services" means an ongoing relationship between a 273
person and the actor in which the person performs activities under 274
the supervision of or for the benefit of the actor or a third 275
party and includes, without limitation, commercial sexual 276
activity, sexually explicit performances, or the production of 277
sexually explicit materials. 278
(p) "Sexually explicit performance" means a live or 279
public act or show intended to arouse or satisfy the sexual 280
desires or appeal to the prurient interests of patrons. 281
(q) "Trafficked person" means a person subjected to the 282
practices prohibited by this act regardless of whether a 283
perpetrator is identified, apprehended, prosecuted or convicted, 284
and is a term used interchangeably with the terms "victim," 285
"victim of trafficking" and "trafficking victim." 286
(r) "Venture" means any group of two (2) or more 287
individuals associated in fact, whether or not a legal entity. 288
(s) "Sexually oriented material" shall have the meaning 289
ascribed in Section 97-5-27, Mississippi Code of 1972. 290
SECTION 5. Section 97-3-54.2, Mississippi Code of 1972, is 291
brought forward as follows: 292
97-3-54.2. Anyone who knowingly destroys, conceals, removes, 293
confiscates or possesses, or attempts to destroy, conceal, remove, 294
confiscate or possess, any actual or purported passport or other 295
immigration document, or any other actual or purported government 296
identification document of any person to prevent or restrict, or 297
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ST: Human smuggling and/or harboring; create
crime for those who have illegally entered or
illegally remained in the U.S.
attempt to prevent or restrict, without lawful authority, the 298
person's liberty to move or travel in order to maintain the labor 299
or services of that person, when the person is or has been a 300
victim of a violation set out in Section 97-3-54.1, shall be 301
punished by commitment to the custody of the Department of 302
Corrections for not more than five (5) years. 303
SECTION 6. This act shall take effect and be in force from 304
and after July 1, 2026. 305