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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Remak, Hulum, Hall,
Harris, Hurst, Owen, McLean
HOUSE BILL NO. 525
(As Sent to Governor)
AN ACT TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, 1
TO CREATE A MANDATORY MINIMUM FOR THE CRIME OF SEXUAL BATTERY; AND 2
FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 97-3-101, Mississippi Code of 1972, is 5
amended as follows: 6
97-3-101. (1) (a) Every person who shall be convicted of 7
sexual battery under Section 97-3-95(1)(a) * * * or (b) * * * 8
shall be imprisoned in the State Penitentiary for a period of not 9
more than thirty (30) years, and for a second or subsequent such 10
offense shall be imprisoned in the Penitentiary for not more than 11
forty (40) years. 12
(b) Every person who shall be convicted of sexual 13
battery under Section 97-3-95(2) shall be committed to the custody 14
of the Mississippi Department of Corrections for a period of not 15
less than five (5) years, nor more than thirty (30) years, and for 16
a second or subsequent such offense shall serve a term of no less 17
than ten (10) years, nor more than forty (40) years. 18
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(2) (a) Every person who shall be convicted of sexual 19
battery under Section 97-3-95(1)(c) who is at least eighteen (18) 20
but under twenty-one (21) years of age shall be imprisoned for not 21
more than five (5) years in the State Penitentiary or fined not 22
more than Five Thousand Dollars ($5,000.00), or both; 23
(b) Every person who shall be convicted of sexual 24
battery under Section 97-3-95(1)(c) who is twenty-one (21) years 25
of age or older shall be imprisoned not more than thirty (30) 26
years in the State Penitentiary or fined not more than Ten 27
Thousand Dollars ($10,000.00), or both, for the first offense, and 28
not more than forty (40) years in the State Penitentiary for each 29
subsequent offense. 30
(3) Every person who shall be convicted of sexual battery 31
under Section 97-3-95(1)(d) who is eighteen (18) years of age or 32
older shall be imprisoned for life in the State Penitentiary or 33
such lesser term of imprisonment as the court may determine, but 34
not less than twenty (20) years. 35
(4) Every person who shall be convicted of sexual battery 36
who is thirteen (13) years of age or older but under eighteen (18) 37
years of age shall be sentenced to such imprisonment, fine or 38
other sentence as the court, in its discretion, may determine. 39
(5) (a) Upon conviction under this section, the court may 40
issue a criminal sexual assault protection order prohibiting the 41
offender from any contact with the victim, without regard to the 42
relationship between the victim and offender. The court may 43
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include in a criminal sexual assault protection order any relief 44
available under Section 93-21-15. The term of a criminal sexual 45
assault protection order shall be for a time period determined by 46
the court, but all orders shall, at a minimum, remain in effect 47
for a period of two (2) years following the expiration of any 48
sentence of imprisonment and subsequent period of community 49
supervision, conditional release, probation, or parole. Upon 50
issuance of a criminal sexual assault protection order, the clerk 51
of the issuing court shall enter the order in the Mississippi 52
Protection Order Registry within twenty-four (24) hours of 53
issuance with no exceptions for weekends or holidays as provided 54
in Section 93-21-25, and a copy must be provided to both the 55
victim and offender. 56
(b) Criminal sexual assault protection orders shall be 57
issued on the standardized form developed by the Office of the 58
Attorney General. 59
(c) It is a misdemeanor to knowingly violate any 60
condition of a criminal sexual assault protection order. Upon 61
conviction for a violation, the defendant shall be punished by a 62
fine of not more than Five Hundred Dollars ($500.00) or by 63
imprisonment in the county jail for not more than six (6) months, 64
or both. Any sentence imposed for the violation of a criminal 65
sexual assault protection order shall run consecutively to any 66
other sentences imposed on the offender. The court may extend the 67
criminal sexual assault protection order for a period of one (1) 68
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ST: Sexual battery; create a mandatory minimum
for penalties.
year for each violation. The incarceration of a person at the 69
time of the violation is not a bar to prosecution under this 70
section. Nothing in this subsection shall be construed to 71
prohibit the imposition of any other penalties or disciplinary 72
action otherwise allowed by law or policy. 73
SECTION 2. This act shall take effect and be in force from 74
and after July 1, 2026. 75