Procuring prostitution; make first offense a felony, require impoundment of vehicle used in commission of offense.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill

SENATE BILL NO. 2231

AN ACT TO AMEND SECTION 97-29-51, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE FIRST OFFENSE OF PROCURING PROSTITUTION SHALL 2
BE A FELONY; TO INCREASE THE CRIMINAL PENALTIES FOR THE FIRST AND 3
SECOND OFFENSES OF THE CRIME; TO PROVIDE THAT THE VEHICLE ON THE 4
PREMISES USED IN THE COURSE OF PROCURING PROSTITUTION SHALL BE 5
IMPOUNDED BY THE ARRESTING LAW ENFORCEMENT OFFICER; AND FOR 6
RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 97-29-51, Mississippi Code of 1972, is 9
amended as follows: 10
97-29-51. (1) (a) A person commits the * * * felony of 11
procuring the services of a prostitute if the person knowingly or 12
intentionally pays, or offers or agrees to pay, money or other 13
property to another person for having engaged in, or on the 14
understanding that the other person will engage in, sexual 15
intercourse or sexual conduct with the person or with any other 16
person. "Sexual conduct" includes cunnilingus, fellatio, 17
masturbation of another, anal intercourse or the causing of 18
penetration to any extent and with any object or body part of the 19
genital or anal opening of another. 20
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(b) Upon conviction under paragraph (a) of this 21
subsection, a person shall be punished by a fine not 22
exceeding * * * Five Thousand Dollars ($5,000.00), or by 23
imprisonment in the custody of the Department of Corrections for 24
not more than two (2) years, or both. A second or subsequent 25
violation shall be punished by a fine not exceeding Twenty 26
Thousand Dollars ($20,000.00) or by imprisonment in the custody of 27
the Department of Corrections for up to twenty (20) years, or 28
both. 29
(c) However, in all cases, if the person whose services 30
are procured in violation of this subsection (1) is a minor under 31
eighteen (18) years of age, the person convicted shall be guilty 32
of a felony and shall, upon conviction, be punished by 33
imprisonment for not less than five (5) years, nor more than 34
thirty (30) years, or by a fine of not less than Fifty Thousand 35
Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars 36
($500,000.00), or both. 37
(d) Consent of a minor is not a defense to prosecution 38
under this subsection (1). 39
(2) (a) A person commits the felony of promoting 40
prostitution if the person: 41
(i) Knowingly or intentionally entices, compels, 42
causes, induces, persuades, or encourages by promise, threat, 43
violence, or by scheme or device, another person to become a 44
prostitute, engage in conduct in violation of Section 97-29-49, 45
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regardless of whether the other person can be or is arrested for, 46
charged with or convicted of the offense of prostitution; 47
(ii) Knowingly or intentionally solicits or offers 48
or agrees to solicit, or receives or gives, or agrees to receive 49
or give any money or thing of value for soliciting, or attempting 50
to solicit, another person for the purpose of prostitution; 51
(iii) Knowingly induces, persuades, or encourages 52
a person to come into or leave this state for the purpose of 53
prostitution; 54
(iv) Having control over the use of a place or 55
vehicle, knowingly or intentionally permits another person to use 56
the place or vehicle for prostitution; 57
(v) Accepts, receives, levies or appropriates 58
money or other property of value from a prostitute, without lawful 59
consideration, with knowledge or reasonable cause to know it was 60
earned, in whole or in part, from prostitution; or 61
(vi) Conducts, directs, takes, or transports, or 62
offers or agrees to take or transport, or aids or assists in 63
transporting, any person to any vehicle, conveyance, place, 64
structure, or building, or to any other person with knowledge or 65
reasonable cause to know that the purpose of such directing, 66
taking or transporting is prostitution. 67
(b) Upon conviction, a person shall be punished by a 68
fine not exceeding Five Thousand Dollars ($5,000.00) or by 69
imprisonment in the custody of the Department of Corrections for 70
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not more than ten (10) years, or both. A second or subsequent 71
violation shall be punished by a fine not exceeding Twenty 72
Thousand Dollars ($20,000.00) or by imprisonment in the custody of 73
the Department of Corrections for up to twenty (20) years, or 74
both. 75
(c) However, in all cases, if the person whose services 76
are promoted in violation of this subsection (2) is a minor under 77
eighteen (18) years of age, the person convicted shall be guilty 78
of a felony and shall, upon conviction, be punished by 79
imprisonment for not less than five (5) years, nor more than 80
thirty (30) years, or by a fine of not less than Fifty Thousand 81
Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars 82
($500,000.00), or both. There is no requirement that the 83
defendant have actual knowledge of the age of the person, and 84
consent of a minor is not a defense to prosecution under this 85
section. 86
(3) If it is determined that a person suspected of or 87
charged with promoting prostitution is a trafficked person, as 88
defined by Section 97-3-54.4, that fact shall be considered a 89
mitigating factor in any prosecution of that person for 90
prostitution, and the person shall be referred to appropriate 91
resources for assistance. If it is determined that a person 92
suspected of or charged with promoting prostitution is a minor 93
under eighteen (18) years of age who meets the definition of a 94
trafficked person as defined in Section 97-3-54.4, the minor is 95
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immune from prosecution for promoting prostitution as a juvenile 96
or adult and provisions of Section 97-3-54.1(4) shall be 97
applicable. 98
(4) Any partnership, association, corporation or other 99
entity violating any provision of subsection (2) against the 100
promotion of prostitution shall, upon conviction, be punished by a 101
fine not exceeding Fifty Thousand Dollars ($50,000.00). If the 102
person whose services are promoted is under eighteen (18) years of 103
age, the partnership, association, corporation or other legal 104
entity convicted shall be punished by a fine not exceeding One 105
Million Dollars ($1,000,000.00). There is no requirement that the 106
defendant have knowledge of the age of the person. Consent of a 107
minor is not a defense to prosecution under this section. 108
(5) Investigation and prosecution of a person, partnership, 109
association, corporation or other entity under this section shall 110
not preclude investigation or prosecution against that person, 111
partnership, association, corporation or other entity for a 112
violation of other applicable criminal laws, including, but not 113
limited to, the Mississippi Human Trafficking Act, Section 97-3-54 114
et seq. 115
SECTION 2. Upon the arrest of any person for violation of 116
Section 97-29-51, a motor vehicle on the premises that was used in 117
the course of that violation shall be impounded by the arresting 118
law enforcement officer with an impoundment order clearly stating 119
“procuring or promoting prostitution hold.” No county, 120
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ST: Procuring prostitution; make first offense
a felony, require impoundment of vehicle used in
commission of offense.
municipality, or law enforcement agency shall be required to keep, 121
store, maintain, serve as a bailee or otherwise exercise custody 122
over a motor vehicle impounded under the provisions of this 123
section. All costs associated with any impoundment shall be paid 124
by the person arrested for a violation of Section 97-29-51 without 125
regard to ability to pay. 126
SECTION 3. This act shall take effect and be in force from 127
and after July 1, 2026. 128