Sex offender registry; revise term "sex offense" to include a conviction of incest.

S. B. No. 2084 *SS36/R100* ~ OFFICIAL ~ G1/2
26/SS36/R100
PAGE 1 (ens\kr)

To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2084

AN ACT TO AMEND SECTION 45-33-23, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE DEFINITION OF THE TERM "SEX OFFENSE" WITHIN THE 2
CHAPTER OF LAW GOVERNING THE REGISTRATION OF SEX OFFENDERS TO 3
INCLUDE A CONVICTION OF INCEST; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 45-33-23, Mississippi Code of 1972, is 6
amended as follows: 7
45-33-23. For the purposes of this chapter, the following 8
words shall have the meanings ascribed herein unless the context 9
clearly requires otherwise: 10
(a) "Conviction" means that, regarding the person's 11
offense, there has been a determination or judgment of guilt as a 12
result of a trial or the entry of a plea of guilty or nolo 13
contendere regardless of whether adjudication is withheld. 14
"Conviction of similar offenses" includes, but is not limited to, 15
a conviction by a federal or military tribunal, including a 16
court-martial conducted by the Armed Forces of the United States, 17
a conviction for an offense committed on an Indian Reservation or 18
other federal property, a conviction in any state of the United 19
S. B. No. 2084 *SS36/R100* ~ OFFICIAL ~
26/SS36/R100
PAGE 2 (ens\kr)

States, the District of Columbia, the Commonwealth of Puerto Rico, 20
Guam, American Samoa, the Northern Marianna Islands or the United 21
States Virgin Islands, and a conviction in a foreign country if 22
the foreign country's judicial system is such that it satisfies 23
minimum due process set forth in the guidelines under Section 24
111(5)(B) Public Law 109-248. 25
(b) "Department" means the Mississippi Department of 26
Public Safety unless otherwise specified. 27
(c) "Jurisdiction" means any court or locality 28
including any state court, federal court, military court, Indian 29
tribunal or foreign court, the fifty (50) states, the District of 30
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, 31
the Northern Marianna Islands or the United States Virgin Islands, 32
and Indian tribes that elect to function as registration 33
jurisdictions under Title 1, SORNA Section 127 of the Adam Walsh 34
Child Safety Act. 35
(d) "Permanent residence" means a place where the 36
person abides, lodges, or resides for a period of fourteen (14) or 37
more aggregate days in a six (6) month period. 38
(e) "Registration" means providing information to the 39
appropriate agency within the timeframe specified as required by 40
this chapter. 41
(f) "Registration duties" means obtaining the 42
registration information required on the form specified by the 43
department as well as the photograph, fingerprints and biological 44
S. B. No. 2084 *SS36/R100* ~ OFFICIAL ~
26/SS36/R100
PAGE 3 (ens\kr)

sample of the registrant. Biological samples are to be forwarded 45
to the Mississippi Forensics Laboratory pursuant to Section 46
45-33-37; the photograph, fingerprints and other registration 47
information are to be forwarded to the Department of Public Safety 48
immediately. 49
(g) "Responsible agency" is defined as the person or 50
government entity whose duty it is to obtain information from a 51
criminal sex offender upon conviction and to transmit that 52
information to the Mississippi Department of Public Safety. 53
(i) For a criminal sex offender being released 54
from the custody of the Department of Corrections, the responsible 55
agency is the Department of Corrections. 56
(ii) For a criminal sex offender being released 57
from a county jail, the responsible agency is the sheriff of that 58
county. 59
(iii) For a criminal sex offender being released 60
from a municipal jail, the responsible agency is the police 61
department of that municipality. 62
(iv) For a sex offender in the custody of the 63
youth court, the responsible agency is the youth court. 64
(v) For a criminal sex offender who is being 65
placed on probation, including conditional discharge or 66
unconditional discharge, without any sentence of incarceration, 67
the responsible agency is the sentencing court. 68
S. B. No. 2084 *SS36/R100* ~ OFFICIAL ~
26/SS36/R100
PAGE 4 (ens\kr)

(vi) For an offender who has been committed to a 69
mental institution following an acquittal by reason of insanity, 70
the responsible agency is the facility from which the offender is 71
released. Specifically, the director of the facility shall notify 72
the Department of Public Safety before the offender's release. 73
(vii) For a criminal sex offender who is being 74
released from a jurisdiction outside this state or who has a prior 75
conviction in another jurisdiction and who is to reside, work or 76
attend school in this state, the responsible agency is both the 77
sheriff of the proposed county of residence and the department. 78
(h) "Sex offense" or "registrable offense" means any of 79
the following offenses: 80
(i) Section 97-3-53 relating to kidnapping, if the 81
victim was below the age of eighteen (18); 82
(ii) Section 97-3-65 relating to rape; however, 83
conviction or adjudication under Section 97-3-65(1)(a) when the 84
offender was eighteen (18) years of age or younger at the time of 85
the alleged offense, shall not be a registrable sex offense; 86
(iii) Section 97-3-71 relating to rape and assault 87
with intent to ravish; 88
(iv) Section 97-3-95 relating to sexual battery; 89
however, conviction or adjudication under Section 97-3-95(1)(c) 90
when the offender was eighteen (18) years of age or younger at the 91
time of the alleged offense, shall not be a registrable sex 92
offense; 93
S. B. No. 2084 *SS36/R100* ~ OFFICIAL ~
26/SS36/R100
PAGE 5 (ens\kr)

(v) Section 97-5-5 relating to enticing a child 94
for concealment, prostitution or marriage; 95
(vi) Section 97-5-23 relating to the touching of a 96
child, mentally defective or incapacitated person or physically 97
helpless person for lustful purposes; 98
(vii) Section 97-5-27 relating to the 99
dissemination of sexually oriented material to children; 100
(viii) Section 97-5-33 relating to the 101
exploitation of children; 102
(ix) Section 97-5-41 relating to the carnal 103
knowledge of a stepchild, adopted child or child of a cohabiting 104
partner; 105
(x) Section 97-29-3 relating to sexual intercourse 106
between teacher and student; 107
(xi) Section 97-29-59 relating to unnatural 108
intercourse; 109
(xii) Section 43-47-18 relating to sexual abuse of 110
a vulnerable person; 111
(xiii) Section 97-3-54.1(1)(c) relating to 112
procuring sexual servitude of a minor and Section 97-3-54.3 113
relating to aiding, abetting or conspiring to violate Section 114
97-3-54.1(1)(c); 115
(xiv) Section 97-29-61(2) relating to voyeurism 116
when the victim is a child under sixteen (16) years of age; 117
S. B. No. 2084 *SS36/R100* ~ OFFICIAL ~
26/SS36/R100
PAGE 6 (ens\kr)

(xv) Section 97-29-63 relating to filming another 118
without permission where there is an expectation of privacy; 119
(xvi) Section 97-29-45(1)(a) relating to obscene 120
electronic communication; 121
(xvii) Section 97-3-104 relating to the crime of 122
sexual activity between law enforcement, correctional or custodial 123
personnel and prisoners; 124
(xviii) Section 97-5-39(1)(e) relating to 125
contributing to the neglect or delinquency of a child, felonious 126
abuse or battery of a child, if the victim was sexually abused; 127
(xix) Section 97-29-51 relating to procuring or 128
promoting prostitution when the victim is a child under eighteen 129
(18) years of age; 130
(xx) Section 97-1-7 relating to attempt to commit 131
any of the offenses referenced in this paragraph (h); 132
(xxi) Any other offense resulting in a conviction 133
in another jurisdiction which, if committed in this state, would 134
be deemed to be such a crime without regard to its designation 135
elsewhere; 136
(xxii) Any offense resulting in a conviction in 137
another jurisdiction for which registration is required in the 138
jurisdiction where the conviction was had; 139
(xxiii) Any conviction of conspiracy to commit, 140
accessory to commission, or attempt to commit any offense listed 141
in this section; 142
S. B. No. 2084 *SS36/R100* ~ OFFICIAL ~
26/SS36/R100
PAGE 7 (ens\kr)
ST: Sex offender registry; revise term "sex
offense" to include a conviction of incest.
(xxiv) Capital murder when one (1) of the 143
above-described offenses is the underlying crime * * *; 144
(xxv) Section 97-29-5, relating to incest; 145
(xxvi) Section 97-29-27, relating to incestuous 146
marriages. 147
(i) "Temporary residence" is defined as any place where 148
the person abides, lodges, or resides for a period of seven (7) or 149
more aggregate days in a six (6) month period which is not the 150
person's permanent residence. 151
(j) "Address" means the actual physical street address 152
of a person's permanent or temporary residence. For a person who 153
is homeless but is subject to registration under this chapter, the 154
address information must provide a specific description of where 155
the person habitually lives; the term "homeless" or similar 156
description does not constitute an address within the 157
contemplation of this chapter. 158
SECTION 2. This act shall take effect and be in force from 159
and after July 1, 2026. 160