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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Ford (73rd)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1131
AN ACT TO AMEND SECTION 97-29-51, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE PENALTY FOR PROCURING PROSTITUTION; AND FOR RELATED 2
PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 97-29-51, Mississippi Code of 1972, is 5
amended as follows: 6
97-29-51. (1) (a) A person commits the misdemeanor of 7
procuring the services of a prostitute if the person knowingly or 8
intentionally pays, or offers or agrees to pay, money or other 9
property to another person for having engaged in, or on the 10
understanding that the other person will engage in, sexual 11
intercourse or sexual conduct with the person or with any other 12
person. "Sexual conduct" includes cunnilingus, fellatio, 13
masturbation of another, anal intercourse or the causing of 14
penetration to any extent and with any object or body part of the 15
genital or anal opening of another. 16
(b) Upon conviction under this subsection, a person 17
shall be punished by a fine not exceeding * * * One Thousand 18
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Dollars ($1,000.00) or by confinement in the county jail for not 19
more than six (6) months, or both. A second or subsequent 20
violation of this section shall be a felony, punishable by a fine 21
not exceeding * * * Two Thousand Dollars ($2,000.00), or by 22
imprisonment in the custody of the Department of Corrections for 23
not more than two (2) years, or both. Any person convicted under 24
the provisions of this paragraph, shall also serve one hundred 25
(100) hours of community service. 26
(c) However, in all cases, if the person whose services 27
are procured in violation of this subsection (1) is a minor under 28
eighteen (18) years of age, the person convicted shall be guilty 29
of a felony and shall, upon conviction, be punished by 30
imprisonment for not less than five (5) years, nor more than 31
thirty (30) years, or by a fine of not less than Fifty Thousand 32
Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars 33
($500,000.00), or both. 34
(d) Consent of a minor is not a defense to prosecution 35
under this subsection (1). 36
(2) (a) A person commits the felony of promoting 37
prostitution if the person: 38
(i) Knowingly or intentionally entices, compels, 39
causes, induces, persuades, or encourages by promise, threat, 40
violence, or by scheme or device, another person to become a 41
prostitute, engage in conduct in violation of Section 97-29-49, 42
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regardless of whether the other person can be or is arrested for, 43
charged with or convicted of the offense of prostitution; 44
(ii) Knowingly or intentionally solicits or offers 45
or agrees to solicit, or receives or gives, or agrees to receive 46
or give any money or thing of value for soliciting, or attempting 47
to solicit, another person for the purpose of prostitution; 48
(iii) Knowingly induces, persuades, or encourages 49
a person to come into or leave this state for the purpose of 50
prostitution; 51
(iv) Having control over the use of a place or 52
vehicle, knowingly or intentionally permits another person to use 53
the place or vehicle for prostitution; 54
(v) Accepts, receives, levies or appropriates 55
money or other property of value from a prostitute, without lawful 56
consideration, with knowledge or reasonable cause to know it was 57
earned, in whole or in part, from prostitution; or 58
(vi) Conducts, directs, takes, or transports, or 59
offers or agrees to take or transport, or aids or assists in 60
transporting, any person to any vehicle, conveyance, place, 61
structure, or building, or to any other person with knowledge or 62
reasonable cause to know that the purpose of such directing, 63
taking or transporting is prostitution. 64
(b) Upon conviction, a person shall be punished by a 65
fine not exceeding Five Thousand Dollars ($5,000.00) or by 66
imprisonment in the custody of the Department of Corrections for 67
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not more than ten (10) years, or both. A second or subsequent 68
violation shall be punished by a fine not exceeding Twenty 69
Thousand Dollars ($20,000.00) or by imprisonment in the custody of 70
the Department of Corrections for up to twenty (20) years, or 71
both. 72
(c) However, in all cases, if the person whose services 73
are promoted in violation of this subsection (2) is a minor under 74
eighteen (18) years of age, the person convicted shall be guilty 75
of a felony and shall, upon conviction, be punished by 76
imprisonment for not less than five (5) years, nor more than 77
thirty (30) years, or by a fine of not less than Fifty Thousand 78
Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars 79
($500,000.00), or both. There is no requirement that the 80
defendant have actual knowledge of the age of the person, and 81
consent of a minor is not a defense to prosecution under this 82
section. 83
(3) If it is determined that a person suspected of or 84
charged with promoting prostitution is a trafficked person, as 85
defined by Section 97-3-54.4, that fact shall be considered a 86
mitigating factor in any prosecution of that person for 87
prostitution, and the person shall be referred to appropriate 88
resources for assistance. If it is determined that a person 89
suspected of or charged with promoting prostitution is a minor 90
under eighteen (18) years of age who meets the definition of a 91
trafficked person as defined in Section 97-3-54.4, the minor is 92
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ST: Prostitution; revise penalties for
procurement of.
immune from prosecution for promoting prostitution as a juvenile 93
or adult and provisions of Section 97-3-54.1(4) shall be 94
applicable. 95
(4) Any partnership, association, corporation or other 96
entity violating any provision of subsection (2) against the 97
promotion of prostitution shall, upon conviction, be punished by a 98
fine not exceeding Fifty Thousand Dollars ($50,000.00). If the 99
person whose services are promoted is under eighteen (18) years of 100
age, the partnership, association, corporation or other legal 101
entity convicted shall be punished by a fine not exceeding One 102
Million Dollars ($1,000,000.00). There is no requirement that the 103
defendant have knowledge of the age of the person. Consent of a 104
minor is not a defense to prosecution under this section. 105
(5) Investigation and prosecution of a person, partnership, 106
association, corporation or other entity under this section shall 107
not preclude investigation or prosecution against that person, 108
partnership, association, corporation or other entity for a 109
violation of other applicable criminal laws, including, but not 110
limited to, the Mississippi Human Trafficking Act, Section 97-3-54 111
et seq. 112
SECTION 2. This act shall take effect and be in force from 113
and after July 1, 2026. 114