Human Trafficking; bring forward provisions that prohibit and penalize.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Horan, McLean

HOUSE BILL NO. 1614

AN ACT TO BRING FORWARD SECTIONS 97-3-54.1, 97-3-54.2, 1
97-3-54.3, 97-3-54.5, 97-3-54.6 AND 97-3-54.7, MISSISSIPPI CODE OF 2
1972, WHICH REGULATE HUMAN TRAFFICKING, FOR PURPOSES OF AMENDMENT; 3
TO BRING FORWARD SECTIONS 97-29-49 AND 97-29-51, MISSISSIPPI CODE 4
OF 1972, WHICH REGULATE PROSTITUTION FOR PURPOSES OF AMENDMENT; TO 5
AMEND SECTION 97-3-54.4, MISSISSIPPI CODE OF 1972, TO UPDATE 6
LANGUAGE; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 97-3-54.1, Mississippi Code of 1972, is 9
brought forward as follows: 10
97-3-54.1. (1) (a) A person who coerces, recruits, 11
entices, harbors, transports, provides or obtains by any means, or 12
attempts to coerce, recruit, entice, harbor, transport, provide or 13
obtain by any means, another person, intending or knowing that the 14
person will be subjected to forced labor or services, or who 15
benefits, whether financially or by receiving anything of value 16
from participating in an enterprise that he knows or reasonably 17
should have known has engaged in such acts, shall be guilty of the 18
crime of human trafficking. 19
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(b) A person who knowingly purchases the forced labor 20
or services of a trafficked person or who otherwise knowingly 21
subjects, or attempts to subject, another person to forced labor 22
or services or who benefits, whether financially or by receiving 23
anything of value from participating in an enterprise that he 24
knows or reasonably should have known has engaged in such acts, 25
shall be guilty of the crime of procuring involuntary servitude. 26
(c) A person who knowingly subjects, or attempts to 27
subject, or who recruits, entices, harbors, transports, provides 28
or obtains by any means, or attempts to recruit, entice, harbor, 29
transport, provide or obtain by any means, a minor, knowing that 30
the minor will engage in commercial sexual activity, sexually 31
explicit performance, or the production of sexually oriented 32
material, or causes or attempts to cause a minor to engage in 33
commercial sexual activity, sexually explicit performance, or the 34
production of sexually oriented material, shall be guilty of 35
procuring sexual servitude of a minor and shall be punished by 36
commitment to the custody of the Department of Corrections for not 37
less than twenty (20) years nor more than life in prison, or by a 38
fine of not less than Fifty Thousand Dollars ($50,000.00) nor more 39
than Five Hundred Thousand Dollars ($500,000.00), or both. It is 40
not a defense in a prosecution under this section that a minor 41
consented to engage in the commercial sexual activity, sexually 42
explicit performance, or the production of sexually oriented 43
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material, or that the defendant reasonably believed that the minor 44
was eighteen (18) years of age or older. 45
(2) If the victim is not a minor, a person who is convicted 46
of an offense set forth in subsection (1)(a) or (b) of this 47
section shall be committed to the custody of the Department of 48
Corrections for not less than two (2) years nor more than twenty 49
(20) years, or by a fine of not less than Ten Thousand Dollars 50
($10,000.00) nor more than One Hundred Thousand Dollars 51
($100,000.00), or both. If the victim of the offense is a minor, 52
a person who is convicted of an offense set forth in subsection 53
(1)(a) or (b) of this section shall be committed to the custody of 54
the Department of Corrections for not less than twenty (20) years 55
nor more than life in prison, or by a fine of not less than Twenty 56
Thousand Dollars ($20,000.00) nor more than One Hundred Thousand 57
Dollars ($100,000.00), or both. 58
(3) An enterprise may be prosecuted for an offense under 59
this chapter if: 60
(a) An agent of the enterprise knowingly engages in 61
conduct that constitutes an offense under this chapter while 62
acting within the scope of employment and for the benefit of the 63
entity. 64
(b) An employee of the enterprise engages in conduct 65
that constitutes an offense under this chapter and the commission 66
of the offense was part of a pattern of illegal activity for the 67
benefit of the enterprise, which an agent of the enterprise either 68
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knew was occurring or recklessly disregarded, and the agent failed 69
to take effective action to stop the illegal activity. 70
(c) It is an affirmative defense to a prosecution of an 71
enterprise that the enterprise had in place adequate procedures, 72
including an effective complaint procedure, designed to prevent 73
persons associated with the enterprise from engaging in the 74
unlawful conduct and to promptly correct any violations of this 75
chapter. 76
(d) The court may consider the severity of the 77
enterprise's offense and order penalties, including: (i) a fine 78
of not more than One Million Dollars ($1,000,000.00); (ii) 79
disgorgement of profit; and (iii) debarment from government 80
contracts. Additionally, the court may order any of the relief 81
provided in Section 97-3-54.7. 82
(4) In addition to the mandatory reporting provisions 83
contained in Sections 43-21-353 and 97-5-51, any person who has 84
reasonable cause to suspect that a minor under the age of eighteen 85
(18) is a trafficked person shall immediately make a report of the 86
suspected child abuse or neglect to the Department of Child 87
Protection Services and to the Statewide Human Trafficking 88
Coordinator. The Department of Child Protection Services or the 89
Statewide Human Trafficking Coordinator, whichever is applicable, 90
shall then immediately notify the law enforcement agency in the 91
jurisdiction where the suspected child abuse, neglect or 92
trafficking occurred as required in Section 43-21-353, and the 93
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department that received the report shall also commence an initial 94
investigation into the suspected abuse or neglect as required in 95
Section 43-21-353. The department that received such report shall 96
provide an annual report to the Speaker of the Mississippi House 97
of Representatives, the Lieutenant Governor, the Chairpersons of 98
the House and Senate Judiciary Committees that includes the number 99
of reports received, the number of cases screened in or out, the 100
number of cases in which care and services were provided as a 101
result of the report, and the type of care and services that were 102
provided. A minor who has been identified as a victim of 103
trafficking shall not be liable for criminal activity in violation 104
of this section. 105
(5) It is an affirmative defense in a prosecution under this 106
act that the defendant: 107
(a) Is a victim; and 108
(b) Committed the offense under a reasonable 109
apprehension created by a person that, if the defendant did not 110
commit the act, the person would inflict serious harm on the 111
defendant, a member of the defendant's family, or a close 112
associate. 113
SECTION 2. Section 97-3-54.2, Mississippi Code of 1972, is 114
brought forward as follows: 115
97-3-54.2. Anyone who knowingly destroys, conceals, removes, 116
confiscates or possesses, or attempts to destroy, conceal, remove, 117
confiscate or possess, any actual or purported passport or other 118
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immigration document, or any other actual or purported government 119
identification document of any person to prevent or restrict, or 120
attempt to prevent or restrict, without lawful authority, the 121
person's liberty to move or travel in order to maintain the labor 122
or services of that person, when the person is or has been a 123
victim of a violation set out in Section 97-3-54.1, shall be 124
punished by commitment to the custody of the Department of 125
Corrections for not more than five (5) years. 126
SECTION 3. Section 97-3-54.3, Mississippi Code of 1972, is 127
brought forward as follows: 128
97-3-54.3. A person who knowingly aids, abets or conspires 129
with one or more persons to violate the Mississippi Human 130
Trafficking Act shall be considered a principal in the offense and 131
shall be indicted and punished as such whether the principal has 132
been previously convicted or not. 133
SECTION 4. Section 97-3-54.4, Mississippi Code of 1972, is 134
amended as follows: 135
97-3-54.4. For the purposes of the Mississippi Human 136
Trafficking Act the following words and phrases shall have the 137
meanings ascribed herein unless the context clearly requires 138
otherwise: 139
(a) "Act" or "this act" means the Mississippi Human 140
Trafficking Act. 141
(b) "Actor" means a person who violates any of the 142
provisions of Sections 97-3-54 through 97-3-54.4. 143
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(c) "Blackmail" means obtaining property or things of 144
value of another by threatening to (i) inflict bodily injury on 145
anyone; or (ii) commit any other criminal offense. 146
(d) "Coerce" or "coercion" means: 147
(i) Causing or threatening to cause bodily harm to 148
any person, physically restraining or confining any person, or 149
threatening to physically restrain or confine any person; 150
(ii) Exposing or threatening to expose any fact or 151
information or disseminating or threatening to disseminate any 152
fact or information that would tend to subject a person to 153
criminal or immigration proceedings, hatred, contempt or ridicule; 154
(iii) Destroying, concealing, removing, 155
confiscating or possessing any actual or purported passport or 156
other immigration document, or any other actual or purported 157
government identification document of any person; 158
(iv) Providing a controlled substance to a person 159
for the purpose of compelling the person to engage in labor or 160
sexual servitude against the person's will; 161
(v) Causing or threatening to cause financial harm 162
to any person or using financial control over any person; 163
(vi) Abusing or threatening to abuse a position of 164
power, the law, or legal process; 165
(vii) Using blackmail; 166
(viii) Using an individual's personal services as 167
payment or satisfaction of a real or purported debt when: 1. the 168
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reasonable value of the services is not applied toward the 169
liquidation of the debt; 2. the length of the services is not 170
limited and the nature of the services is not defined; 3. the 171
principal amount of the debt does not reasonably reflect the value 172
of the items or services for which the debt is incurred; or 4. the 173
individual is prevented from acquiring accurate and timely 174
information about the disposition of the debt; or 175
(ix) Using any scheme, plan or pattern of conduct 176
intended to cause any person to believe that, if the person did 177
not perform the labor or services, that the person or another 178
person would suffer serious harm or physical restraint. 179
(e) "Commercial sexual activity" means any sex act on 180
account of which anything of value is given to, promised to, or 181
received by any person. 182
(f) "Enterprise" means any individual, sole 183
proprietorship, partnership, corporation, union or other legal 184
entity, or any association or group of individuals associated in 185
fact regardless of whether a legal entity has been formed pursuant 186
to any state, federal or territorial law. It includes illicit as 187
well as licit enterprises and governmental as well as other 188
entities. 189
(g) "Financial harm" includes, but is not limited to, 190
extortion as defined by Section 97-3-82, Mississippi Code of 1972, 191
or violation of the usury law as defined by Chapter 17, Title 192
75, * * * Mississippi Code of 1972. 193
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(h) "Forced labor or services" means labor or services 194
that are performed or provided by another person and are obtained 195
or maintained through coercion. 196
(i) "Labor" means work of economic or financial value. 197
(j) "Maintain" means, in relation to labor or services, 198
to secure continued performance thereof, regardless of any initial 199
agreement on the part of the trafficked person to perform such 200
labor or service. 201
(k) "Minor" means a person under the age of eighteen 202
(18) years. 203
(l) "Obtain" means, in relation to labor or services, 204
to secure performance thereof. 205
(m) "Pecuniary damages" means any of the following: 206
(i) The greater of the gross income or value to 207
the defendant of the victim's labor or services, including sexual 208
services, not reduced by the expense the defendant incurred as a 209
result of maintaining the victim, or the value of the victim's 210
labor or services calculated under the minimum wage and overtime 211
provisions of the Fair Labor Standards Act, 29 USCS Section 201 et 212
seq., whichever is higher; 213
(ii) If it is not possible or in the best interest 214
of the victim to compute a value under subparagraph (i) of this 215
paragraph (m), the equivalent of the value of the victim's labor 216
or services if the victim had provided labor or services that were 217
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subject to the minimum wage and overtime provisions of the Fair 218
Labor Standards Act, 29 USCS 201 et seq.; 219
(iii) Costs and expenses incurred by the victim as 220
a result of the offense for: 221
1. Medical services; 222
2. Therapy or psychological counseling; 223
3. Temporary housing; 224
4. Transportation; 225
5. Childcare; 226
6. Physical and occupational therapy or 227
rehabilitation; 228
7. Funeral, interment, and burial services; 229
reasonable attorney's fees and other legal costs; and 230
8. Other expenses incurred by the victim. 231
(n) "Serious harm" means harm, whether physical or 232
nonphysical, including psychological, economic or reputational, to 233
an individual that would compel a reasonable person in similar 234
circumstances as the individual to perform or continue to perform 235
labor or services to avoid incurring the harm. 236
(o) "Services" means an ongoing relationship between a 237
person and the actor in which the person performs activities under 238
the supervision of or for the benefit of the actor or a third 239
party and includes, without limitation, commercial sexual 240
activity, sexually explicit performances, or the production of 241
sexually explicit materials. 242
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(p) "Sexually explicit performance" means a live or 243
public act or show intended to arouse or satisfy the sexual 244
desires or appeal to the prurient interests of patrons. 245
(q) "Trafficked person" means a person subjected to the 246
practices prohibited by this act regardless of whether a 247
perpetrator is identified, apprehended, prosecuted or convicted, 248
and is a term used interchangeably with the terms "victim," 249
"victim of trafficking" and "trafficking victim." 250
(r) "Venture" means any group of two (2) or more 251
individuals associated in fact, whether or not a legal entity. 252
(s) "Sexually oriented material" shall have the meaning 253
ascribed in Section 97-5-27, Mississippi Code of 1972. 254
SECTION 5. Section 97-3-54.5, Mississippi Code of 1972, is 255
brought forward as follows: 256
97-3-54.5. Use of undercover operative in detection of 257
offense permitted. The fact that an undercover operative or law 258
enforcement officer was involved in any manner in the detection 259
and investigation of an offense under this act shall not 260
constitute a defense to a prosecution under this act. 261
SECTION 6. Section 97-3-54.6, Mississippi Code of 1972, is 262
brought forward as follows: 263
97-3-54.6. Injunctive and other relief for victims of 264
trafficking; confidentiality. (1) Any circuit court may, after 265
making due provision for the rights of trafficked persons, enjoin 266
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violations of the provisions of this act by issuing appropriate 267
orders and judgments, including, but not limited to: 268
(a) Ordering any defendant to divest himself of any 269
interest in any enterprise, including real property. 270
(b) Imposing reasonable restrictions upon the future 271
activities or investments of any defendant, including, but not 272
limited to, prohibiting any defendant from engaging in the same 273
type of endeavor as the enterprise in which he was engaged in 274
violation of the provisions of this act. 275
(c) Ordering the dissolution or reorganization of any 276
enterprise. 277
(d) Ordering the suspension or revocation of a license 278
or permit granted to any enterprise by any agency of the state. 279
(e) Ordering the forfeiture of the charter of a 280
corporation organized under the laws of the state, or the 281
revocation of a certificate authorizing a foreign corporation to 282
conduct business within the state, upon finding that the board of 283
directors or a managerial agent acting on behalf of the 284
corporation in conducting the affairs of the corporation, has 285
authorized or engaged in conduct in violation of this chapter and 286
that, for the prevention of future criminal activity, the public 287
interest requires the charter of the corporation forfeited and the 288
corporation dissolved or the certificate revoked. 289
(2) Notwithstanding any provisions to the contrary in 290
Section 99-37-1 et seq., the court shall order restitution to the 291
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victim for any offense under this chapter. The order of 292
restitution under this section shall direct the defendant to pay 293
the victim, through the appropriate court mechanism, the full 294
amount of the victim's pecuniary damages. For the purposes of 295
determining restitution, the term "victim" means the individual 296
harmed as a result of a crime under this chapter, including, in 297
the case of a victim who is under eighteen (18) years of age, 298
incompetent, incapacitated, or deceased, the legal guardian of the 299
victim or a representative of the victim's estate, or another 300
family member, or any other person appointed as suitable by the 301
court, but in no event shall the defendant be named as such a 302
representative or guardian. The court may order restitution even 303
if the victim is absent from the jurisdiction or unavailable. 304
(3) Any person who is injured by reason of any violation of 305
the provisions of this chapter shall have a cause of action 306
against any person or enterprise convicted of engaging in activity 307
in violation of this chapter for threefold the actual damages 308
sustained and, when appropriate, punitive damages. The person 309
shall also recover attorney's fees in the trial and appellate 310
courts and reasonable costs of investigation and litigation. 311
(4) The application of one (1) civil remedy under any 312
provision of this act shall not preclude the application of any 313
other remedy, civil or criminal, under this act or any other 314
provision of law. Civil remedies under this act are supplemental. 315
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(5) At any time after a conviction under this act, the court 316
in which the conviction was entered may, upon appropriate motion, 317
vacate the conviction if the court finds the defendant's 318
participation in the offense was the result of being a victim. 319
Official documentation from a federal, state or local government 320
agency as to the defendant's status as a victim at the time of the 321
offense creates a presumption that the defendant's participation 322
in the offense was a result of being a victim, but official 323
documentation is not required to grant a motion under this 324
subsection. 325
(6) In a prosecution or civil action for damages for an 326
offense under this act in which there is evidence that the alleged 327
victim was subjected to sexual servitude, reputation or opinion 328
evidence of past sexual behavior of the alleged victim is not 329
admissible, unless admitted in accordance with the Mississippi 330
Rules of Evidence. 331
(7) In any investigation or prosecution for an offense under 332
this act, the responsible law enforcement agency or prosecutor's 333
office are required to take all reasonable efforts to keep the 334
identity of the victim and the victim's family confidential by 335
ensuring that the names and identifying information of those 336
individuals are not disclosed to the public. 337
SECTION 7. Section 97-3-54.7, Mississippi Code of 1972, is 338
brought forward as follows: 339
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97-3-54.7. (1) In addition to any other civil or criminal 340
penalties provided by law, any property used in the commission of 341
a violation of this act shall be forfeited as provided herein. 342
(a) The following property shall be subject to 343
forfeiture if used or intended for use as an instrumentality in or 344
used in furtherance of a violation of this act: 345
(i) Conveyances, including aircraft, vehicles or 346
vessels; 347
(ii) Books, records, telecommunication equipment, 348
or computers; 349
(iii) Money or weapons; 350
(iv) Everything of value furnished, or intended to 351
be furnished, in exchange for an act in violation and all proceeds 352
traceable to the exchange; 353
(v) Negotiable instruments and securities; 354
(vi) Any property, real or personal, directly or 355
indirectly acquired or received in a violation or as an inducement 356
to violate; 357
(vii) Any property traceable to proceeds from a 358
violation; and 359
(viii) Any real property, including any right, 360
title and interest in the whole of or any part of any lot or tract 361
of land used in furtherance of a violation of this act. 362
(b) (i) No property used by any person as a common 363
carrier in the transaction of business as a common carrier is 364
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subject to forfeiture under this section unless it appears that 365
the owner or other person in charge of the property is a 366
consenting party or privy to a violation of this act; 367
(ii) No property is subject to forfeiture under 368
this section by reason of any act or omission proved by the owner 369
thereof to have been committed or omitted without his knowledge or 370
consent; if the confiscating authority has reason to believe that 371
the property is a leased or rented property, then the confiscating 372
authority shall notify the owner of the property within five (5) 373
days of the confiscation or within five (5) days of forming reason 374
to believe that the property is a leased or rented property; 375
(iii) Forfeiture of a property encumbered by a 376
bona fide security interest is subject to the interest of the 377
secured party if he neither had knowledge of nor consented to the 378
act or omission. 379
(2) No property shall be forfeited under the provisions of 380
this section, to the extent of the interest of an owner, by reason 381
of any act or omission established by him to have been committed 382
or omitted without his knowledge or consent. 383
(3) Seizure without process may be made if the seizure is 384
incident to an arrest or a search under a search warrant or an 385
inspection under an administrative inspection warrant. 386
(4) (a) When any property is seized under this section, 387
proceedings shall be instituted within a reasonable period of time 388
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from the date of seizure or the subject property shall be 389
immediately returned to the party from whom seized. 390
(b) A petition for forfeiture shall be filed by the 391
Attorney General or a district attorney in the name of the State 392
of Mississippi, the county, or the municipality, and may be filed 393
in the county in which the seizure is made, the county in which 394
the criminal prosecution is brought, or the county in which the 395
owner of the seized property is found. Forfeiture proceedings may 396
be brought in the circuit court or the county court if a county 397
court exists in the county and the value of the seized property is 398
within the jurisdictional limits of the county court as set forth 399
in Section 9-9-21. A copy of the petition shall be served upon 400
the following persons by service of process in the same manner as 401
in civil cases: 402
(i) The owner of the property, if address is 403
known; 404
(ii) Any secured party who has registered his lien 405
or filed a financing statement as provided by law, if the identity 406
of the secured party can be ascertained by the entity filing the 407
petition by making a good faith effort to ascertain the identity 408
of the secured party; 409
(iii) Any other bona fide lienholder or secured 410
party or other person holding an interest in the property in the 411
nature of a security interest of whom the seizing law enforcement 412
agency has actual knowledge; and 413
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(iv) Any person in possession of property subject 414
to forfeiture at the time that it was seized. 415
(5) If the property is a motor vehicle susceptible of 416
titling under the Mississippi Motor Vehicle Title Law and if there 417
is any reasonable cause to believe that the vehicle has been 418
titled, inquiry of the Department of Revenue shall be made as to 419
what the records of the Department of Revenue show as to who is 420
the record owner of the vehicle and who, if anyone, holds any lien 421
or security interest that affects the vehicle. 422
(6) If the property is a motor vehicle and is not titled in 423
the State of Mississippi, then an attempt shall be made to 424
ascertain the name and address of the person in whose name the 425
vehicle is licensed, and if the vehicle is licensed in a state 426
which has in effect a certificate of title law, inquiry of the 427
appropriate agency of that state shall be made as to what the 428
records of the agency show as to who is the record owner of the 429
vehicle and who, if anyone, holds any lien, security interest or 430
other instrument in the nature of a security device that affects 431
the vehicle. 432
(7) If the property is of a nature that a financing 433
statement is required by the laws of this state to be filed to 434
perfect a security interest affecting the property and if there is 435
any reasonable cause to believe that a financing statement 436
covering the security interest has been filed under the laws of 437
this state, inquiry of the appropriate office designated in 438
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Section 75-9-501, shall be made as to what the records show as to 439
who is the record owner of the property and who, if anyone, has 440
filed a financing statement affecting the property. 441
(8) If the property is an aircraft or part thereof and if 442
there is any reasonable cause to believe that an instrument in the 443
nature of a security device affects the property, inquiry of the 444
Mississippi Department of Transportation shall be made as to what 445
the records of the Federal Aviation Administration show as to who 446
is the record owner of the property and who, if anyone, holds an 447
instrument in the nature of a security device which affects the 448
property. 449
(9) If the answer to an inquiry states that the record owner 450
of the property is any person other than the person who was in 451
possession of it when it was seized, or states that any person 452
holds any lien, encumbrance, security interest, other interest in 453
the nature of a security interest, mortgage or deed of trust that 454
affects the property, the record owner and also any lienholder, 455
secured party, other person who holds an interest in the property 456
in the nature of a security interest, or holder of an encumbrance, 457
mortgage or deed of trust that affects the property is to be named 458
in the petition of forfeiture and is to be served with process in 459
the same manner as in civil cases. 460
(10) If the owner of the property cannot be found and served 461
with a copy of the petition of forfeiture, or if no person was in 462
possession of the property subject to forfeiture at the time that 463
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it was seized and the owner of the property is unknown, there 464
shall be filed with the clerk of the court in which the proceeding 465
is pending an affidavit to such effect, whereupon the clerk of the 466
court shall publish notice of the hearing addressed to "the 467
Unknown Owner of _______________," filling in the blank space with 468
a reasonably detailed description of the property subject to 469
forfeiture. Service by publication shall contain the other 470
requisites prescribed in Section 11-33-41, and shall be served as 471
provided in Section 11-33-37, for publication of notice for 472
attachments at law. 473
(11) No proceedings instituted pursuant to the provisions of 474
this section shall proceed to hearing unless the judge conducting 475
the hearing is satisfied that this section has been complied with. 476
Any answer received from an inquiry required by this section shall 477
be introduced into evidence at the hearing. 478
(12) (a) An owner of a property that has been seized shall 479
file an answer within thirty (30) days after the completion of 480
service of process. If an answer is not filed, the court shall 481
hear evidence that the property is subject to forfeiture and 482
forfeit the property to the seizing law enforcement agency. If an 483
answer is filed, a time for hearing on forfeiture shall be set 484
within thirty (30) days of filing the answer or at the succeeding 485
term of court if court would not be in session within thirty (30) 486
days after filing the answer. The court may postpone the 487
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forfeiture hearing to a date past the time any criminal action is 488
pending against the owner upon request of any party. 489
(b) If the owner of the property has filed an answer 490
denying that the property is subject to forfeiture, then the 491
burden is on the petitioner to prove that the property is subject 492
to forfeiture. However, if an answer has not been filed by the 493
owner of the property, the petition for forfeiture may be 494
introduced into evidence and is prima facie evidence that the 495
property is subject to forfeiture. The burden of proof placed 496
upon the petitioner in regard to property forfeited under the 497
provisions of this chapter shall be by a preponderance of the 498
evidence. 499
(c) At the hearing any claimant of any right, title or 500
interest in the property may prove his lien, encumbrance, security 501
interest, other interest in the nature of a security interest, 502
mortgage or deed of trust to be bona fide and created without 503
knowledge or consent that the property was to be used so as to 504
cause the property to be subject to forfeiture. 505
(d) If it is found that the property is subject to 506
forfeiture, then the judge shall forfeit the property. However, 507
if proof at the hearing discloses that the interest of any bona 508
fide lienholder, secured party, other person holding an interest 509
in the property in the nature of a security interest, or any 510
holder of a bona fide encumbrance, mortgage or deed of trust is 511
greater than or equal to the present value of the property, the 512
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court shall order the property released to him. If the interest 513
is less than the present value of the property and if the proof 514
shows that the property is subject to forfeiture, the court shall 515
order the property forfeited. 516
(13) Unless otherwise provided herein, all personal property 517
which is forfeited under this section shall be liquidated and, 518
after deduction of court costs and the expense of liquidation, the 519
proceeds shall be divided as follows: 520
(a) If only one (1) law enforcement agency participates 521
in the underlying criminal case out of which the forfeiture 522
arises, fifty percent (50%) of the proceeds shall be forwarded to 523
the State Treasurer and deposited in the Victims of Human 524
Trafficking and Commercial Sexual Exploitation Fund, and fifty 525
percent (50%) shall be deposited and credited to the budget of the 526
participating law enforcement agency. 527
(b) If more than one (1) law enforcement agency 528
participates in the underlying criminal case out of which the 529
forfeiture arises, fifty percent (50%) of the proceeds shall be 530
forwarded to the State Treasurer and deposited in the Victims of 531
Human Trafficking and Commercial Sexual Exploitation Fund, 532
twenty-five percent (25%) of the proceeds shall be deposited and 533
credited to the budget of the law enforcement agency whose 534
officers initiated the criminal case and twenty-five percent (25%) 535
shall be divided equitably between or among the other 536
participating law enforcement agencies, and shall be deposited and 537
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credited to the budgets of the participating law enforcement 538
agencies. In the event that the other participating law 539
enforcement agencies cannot agree on the division of their 540
twenty-five percent (25%), a petition shall be filed by any one of 541
them in the court in which the civil forfeiture case is brought 542
and the court shall make an equitable division. 543
(14) All money forfeited under this section shall be 544
divided, deposited and credited in the same manner as provided in 545
subsection (13). 546
(15) All real estate forfeited under the provisions of this 547
section shall be sold to the highest and best bidder at a public 548
auction for cash, the auction to be conducted by the chief law 549
enforcement officer of the initiating law enforcement agency, or 550
his designee, at such place, on such notice and in accordance with 551
the same procedure, as far as practicable, as is required in the 552
case of sales of land under execution at law. The proceeds of the 553
sale shall first be applied to the cost and expense in 554
administering and conducting the sale, then to the satisfaction of 555
all mortgages, deeds of trust, liens and encumbrances of record on 556
the property. The remaining proceeds shall be divided, forwarded 557
and deposited in the same manner as provided in subsection (13). 558
(16) (a) Any county or municipal law enforcement agency may 559
maintain, repair, use and operate for official purposes all 560
property described in subsection (1)(a)(i) of this section that 561
has been forfeited to the agency if it is free from any interest 562
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of a bona fide lienholder, secured party or other party who holds 563
an interest in the property in the nature of a security interest. 564
The county or municipal law enforcement agency may purchase the 565
interest of a bona fide lienholder, secured party or other party 566
who holds an interest so that the property can be released for its 567
use. If the property is a motor vehicle susceptible of titling 568
under the Mississippi Motor Vehicle Title Law, the law enforcement 569
agency shall be deemed to be the purchaser, and the certificate of 570
title shall be issued to it as required by subsection (9) of this 571
section. 572
(b) (i) If a vehicle is forfeited to or transferred to 573
a sheriff's department, then the sheriff may transfer the vehicle 574
to the county for official or governmental use as the board of 575
supervisors may direct. 576
(ii) If a vehicle is forfeited to or transferred 577
to a police department, then the police chief may transfer the 578
vehicle to the municipality for official or governmental use as 579
the governing authority of the municipality may direct. 580
(c) If a motor vehicle forfeited to a county or 581
municipal law enforcement agency becomes obsolete or is no longer 582
needed for official or governmental purposes, it may be disposed 583
of in accordance with Section 19-7-5 or in the manner provided by 584
law for disposing of municipal property. 585
(17) The forfeiture procedure set forth in this section is 586
the sole remedy of any claimant, and no court shall have 587
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jurisdiction to interfere therewith by replevin, injunction, 588
supersedeas or in any other manner. 589
SECTION 8. Section 97-29-49, Mississippi Code of 1972, is 590
brought forward as follows: 591
97-29-49. (1) A person who is eighteen (18) years of age or 592
older commits the misdemeanor of prostitution if the person 593
knowingly or intentionally performs, or offers or agrees to 594
perform, sexual intercourse or sexual conduct for money or other 595
property. "Sexual conduct" includes cunnilingus, fellatio, 596
masturbation of another, anal intercourse or the causing of 597
penetration to any extent and with any object or body part of the 598
genital or anal opening of another. 599
(2) Any person violating the provisions of this section 600
shall, upon conviction, be punished by a fine not exceeding Two 601
Hundred Dollars ($200.00) or by confinement in the county jail for 602
not more than six (6) months, or both. 603
(3) In addition to the mandatory reporting provisions 604
contained in Section 97-5-51, any law enforcement officer who 605
encounters a minor under eighteen (18) years of age and has 606
reasonable cause to suspect that the minor has engaged in acts 607
described in this section may take the minor into emergency 608
custody in accordance with the requirements of the Youth Court Act 609
for the purpose of obtaining an order of removal of the minor, and 610
shall contact and make a report to the Department of Child 611
Protection Services as required in Section 43-21-353 for suspected 612
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child sexual abuse or neglect, and the department shall commence 613
an initial investigation into suspected child sexual abuse or 614
neglect as required in Section 43-21-353. 615
(4) If it is determined that a person suspected of or 616
charged with engaging in prostitution is engaging in those acts as 617
a direct result of being a trafficked person, as defined by 618
Section 97-3-54.4, that person shall be immune from prosecution 619
for prostitution as an adult. If the person suspected of engaging 620
in acts that would constitute prostitution is under the age of 621
eighteen (18) the provisions of Section 97-3-54.1(4) shall be 622
applicable. 623
SECTION 9. Section 97-29-51, Mississippi Code of 1972, is 624
brought forward as follows: 625
97-29-51. (1) (a) A person commits the misdemeanor of 626
procuring the services of a prostitute if the person knowingly or 627
intentionally pays, or offers or agrees to pay, money or other 628
property to another person for having engaged in, or on the 629
understanding that the other person will engage in, sexual 630
intercourse or sexual conduct with the person or with any other 631
person. "Sexual conduct" includes cunnilingus, fellatio, 632
masturbation of another, anal intercourse or the causing of 633
penetration to any extent and with any object or body part of the 634
genital or anal opening of another. 635
(b) Upon conviction under this subsection, a person 636
shall be punished by a fine not exceeding Two Hundred Dollars 637
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($200.00) or by confinement in the county jail for not more than 638
six (6) months, or both. A second or subsequent violation of this 639
section shall be a felony, punishable by a fine not exceeding One 640
Thousand Dollars ($1,000.00), or by imprisonment in the custody of 641
the Department of Corrections for not more than two (2) years, or 642
both. 643
(c) However, in all cases, if the person whose services 644
are procured in violation of this subsection (1) is a minor under 645
eighteen (18) years of age, the person convicted shall be guilty 646
of a felony and shall, upon conviction, be punished by 647
imprisonment for not less than five (5) years, nor more than 648
thirty (30) years, or by a fine of not less than Fifty Thousand 649
Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars 650
($500,000.00), or both. 651
(d) Consent of a minor is not a defense to prosecution 652
under this subsection (1). 653
(2) (a) A person commits the felony of promoting 654
prostitution if the person: 655
(i) Knowingly or intentionally entices, compels, 656
causes, induces, persuades, or encourages by promise, threat, 657
violence, or by scheme or device, another person to become a 658
prostitute, engage in conduct in violation of Section 97-29-49, 659
regardless of whether the other person can be or is arrested for, 660
charged with or convicted of the offense of prostitution; 661
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(ii) Knowingly or intentionally solicits or offers 662
or agrees to solicit, or receives or gives, or agrees to receive 663
or give any money or thing of value for soliciting, or attempting 664
to solicit, another person for the purpose of prostitution; 665
(iii) Knowingly induces, persuades, or encourages 666
a person to come into or leave this state for the purpose of 667
prostitution; 668
(iv) Having control over the use of a place or 669
vehicle, knowingly or intentionally permits another person to use 670
the place or vehicle for prostitution; 671
(v) Accepts, receives, levies or appropriates 672
money or other property of value from a prostitute, without lawful 673
consideration, with knowledge or reasonable cause to know it was 674
earned, in whole or in part, from prostitution; or 675
(vi) Conducts, directs, takes, or transports, or 676
offers or agrees to take or transport, or aids or assists in 677
transporting, any person to any vehicle, conveyance, place, 678
structure, or building, or to any other person with knowledge or 679
reasonable cause to know that the purpose of such directing, 680
taking or transporting is prostitution. 681
(b) Upon conviction, a person shall be punished by a 682
fine not exceeding Five Thousand Dollars ($5,000.00) or by 683
imprisonment in the custody of the Department of Corrections for 684
not more than ten (10) years, or both. A second or subsequent 685
violation shall be punished by a fine not exceeding Twenty 686
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Thousand Dollars ($20,000.00) or by imprisonment in the custody of 687
the Department of Corrections for up to twenty (20) years, or 688
both. 689
(c) However, in all cases, if the person whose services 690
are promoted in violation of this subsection (2) is a minor under 691
eighteen (18) years of age, the person convicted shall be guilty 692
of a felony and shall, upon conviction, be punished by 693
imprisonment for not less than five (5) years, nor more than 694
thirty (30) years, or by a fine of not less than Fifty Thousand 695
Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars 696
($500,000.00), or both. There is no requirement that the 697
defendant have actual knowledge of the age of the person, and 698
consent of a minor is not a defense to prosecution under this 699
section. 700
(3) If it is determined that a person suspected of or 701
charged with promoting prostitution is a trafficked person, as 702
defined by Section 97-3-54.4, that fact shall be considered a 703
mitigating factor in any prosecution of that person for 704
prostitution, and the person shall be referred to appropriate 705
resources for assistance. If it is determined that a person 706
suspected of or charged with promoting prostitution is a minor 707
under eighteen (18) years of age who meets the definition of a 708
trafficked person as defined in Section 97-3-54.4, the minor is 709
immune from prosecution for promoting prostitution as a juvenile 710
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ST: Human Trafficking; bring forward provisions
that prohibit and penalize.
or adult and provisions of Section 97-3-54.1(4) shall be 711
applicable. 712
(4) Any partnership, association, corporation or other 713
entity violating any provision of subsection (2) against the 714
promotion of prostitution shall, upon conviction, be punished by a 715
fine not exceeding Fifty Thousand Dollars ($50,000.00). If the 716
person whose services are promoted is under eighteen (18) years of 717
age, the partnership, association, corporation or other legal 718
entity convicted shall be punished by a fine not exceeding One 719
Million Dollars ($1,000,000.00). There is no requirement that the 720
defendant have knowledge of the age of the person. Consent of a 721
minor is not a defense to prosecution under this section. 722
(5) Investigation and prosecution of a person, partnership, 723
association, corporation or other entity under this section shall 724
not preclude investigation or prosecution against that person, 725
partnership, association, corporation or other entity for a 726
violation of other applicable criminal laws, including, but not 727
limited to, the Mississippi Human Trafficking Act, Section 97-3-54 728
et seq. 729
SECTION 10. This act shall take effect and be in force from 730
and after July 1, 2026. 731