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HB889 • 2026

Sexual acts between incarcerated persons and law enforcement; prohibit.

AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO PROHIBIT SEXUAL ACTS BETWEEN ANY LAW ENFORCEMENT AND INCARCERATED PERSONS; AND FOR RELATED PURPOSES.

Crime Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
McLean
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill text does not specify the exact penalties for violations; these details are provided but removed due to lack of official source confirmation.

Prohibiting Sexual Acts Between Law Enforcement and Incarcerated People

This bill makes it illegal for law enforcement officers or correctional facility workers to have sexual acts with incarcerated persons.

What This Bill Does

  • Adds a new rule that says it's against the law for anyone working as a police officer, sheriff, guard at a prison, or similar job to engage in any form of sexual act with someone who is incarcerated.

Who It Names or Affects

  • Law enforcement officers
  • Correctional facility workers
  • People who are incarcerated

Terms To Know

Felony
A serious crime that can result in a prison sentence of more than one year.

Limits and Unknowns

  • The bill did not pass and was stopped in committee.
  • It only applies if it becomes law after July 1, 2026.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Judiciary B

Official Summary Text

Sexual acts between incarcerated persons and law enforcement; prohibit.

Current Bill Text

Read the full stored bill text 
H. B. No. 889 *HR26/R1295* ~ OFFICIAL ~ G1/2
26/HR26/R1295
PAGE 1 (GT\KW)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McLean

HOUSE BILL NO. 889

AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, 1
TO PROHIBIT SEXUAL ACTS BETWEEN ANY LAW ENFORCEMENT AND 2
INCARCERATED PERSONS; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 97-3-104, Mississippi Code of 1972, is 5
amended as follows: 6
97-3-104. (1) It is unlawful for any jailer, guard, 7
employee of the Department of Corrections, sheriff, constable, 8
marshal, other officer, or employee of a law enforcement agency or 9
correctional facility to engage in any sexual penetration, as 10
defined in Section 97-3-97, or other sexual act with any * * * 11
person, with the * * * person's consent, who is: 12
(a) Incarcerated at any jail or any state, county or 13
private correctional facility * * *; 14
(b) Who is serving on probation, parole, earned-release 15
supervision, post-release supervision, earned probation, intensive 16
supervision or any other form of correctional supervision * * *; 17
or 18
H. B. No. 889 *HR26/R1295* ~ OFFICIAL ~
26/HR26/R1295
PAGE 2 (GT\KW)
ST: Sexual acts between incarcerated persons
and law enforcement; prohibit.
(c) Detained, arrested or otherwise in custody. 19
(2) It is unlawful for any civilian with supervisory or 20
custodial authority over * * * a person to engage in any sexual 21
penetration, as defined in Section 97-3-97, or other sexual act 22
with the * * * person, with the * * * person's consent, who is: 23
(a) Incarcerated at any jail or any state, county or 24
private correctional facility * * *; 25
(b) Who is serving on probation, parole, earned-release 26
supervision, post-release supervision, earned probation, intensive 27
supervision or any other form of correctional supervision; or 28
(c) Detained, arrested or otherwise in custody. 29
(3) Any person who violates this section is guilty of a 30
felony and, upon conviction, shall be fined not more than Five 31
Thousand Dollars ($5,000.00) or imprisoned for a term not to 32
exceed five (5) years, or both. 33
SECTION 2. This act shall take effect and be in force from 34
and after July 1, 2026. 35