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S. B. No. 2810 *SS08/R72.1* ~ OFFICIAL ~ G1/2
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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill
SENATE BILL NO. 2810
AN ACT TO CREATE THE FELONY CRIME OF SEXUAL MISCONDUCT BY A 1
PSYCHOTHERAPIST; TO PROHIBIT THERAPEUTIC DECEPTION; TO PROVIDE 2
CRIMINAL PENALTIES; TO PROVIDE THAT CONSENT IS NOT A DEFENSE TO 3
SUCH CRIMES; TO DEFINE TERMS; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. (1) (a) Any psychotherapist who commits sexual 6
misconduct with a client, or former client when the professional 7
relationship was terminated primarily for the purpose of engaging 8
in sexual contact, commits a felony. 9
(b) Upon conviction of a first offense, a person may be 10
punished by imprisonment within the Department of Corrections not 11
to exceed five (5) years, by a fine not to exceed Five Thousand 12
Dollars ($5,000.00), or by such imprisonment and fine. Upon 13
conviction of a second or subsequent offense, a person may be 14
punished by imprisonment within the Department of Corrections not 15
to exceed fifteen (15) years, by a fine not to exceed Ten Thousand 16
Dollars ($10,000.00), or by such imprisonment and fine. 17
(2) (a) Any psychotherapist who violates subsection (1) by 18
means of therapeutic deception commits a felony. 19
S. B. No. 2810 *SS08/R72.1* ~ OFFICIAL ~
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(b) Upon conviction of a first or subsequent offense, a 20
person may be punished by imprisonment within the Department of 21
Corrections not to exceed fifteen (15) years, by a fine not to 22
exceed Ten Thousand Dollars ($10,000.00), or by such imprisonment 23
and fine. 24
(3) Consent of a client to any such act shall not be a 25
defense to the commission of a felony under this section. 26
(4) For the purposes of this section, the following terms 27
have the meaning herein ascribed unless the context clearly 28
indicates otherwise: 29
(a) "Client" means a person to whom the services of a 30
psychotherapist are provided. 31
(b) "Female genitals" includes the labia minora, labia 32
majora, clitoris, vulva, hymen, and vagina. 33
(c) "Male genitals" includes the penis, the male 34
urethra and scrotum. 35
(d) "Psychotherapist" means any person licensed under 36
Chapters 15, 25, 26, 30, or 31 of Title 73 of the Mississippi Code 37
of 1972 and who provides or purports to provide treatment, 38
diagnosis, assessment, evaluation, or counseling of mental or 39
emotional illness, symptoms, or conditions. 40
(e) "Sexual misconduct" means the oral, anal, or female 41
genital penetration of another by, the oral or anal penetration of 42
male genitals of another by, or contact with, the sexual organ of 43
S. B. No. 2810 *SS08/R72.1* ~ OFFICIAL ~
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ST: Sexual misconduct by a psychotherapist;
criminalize.
another or the anal or female genital or male anal penetration of 44
another by any object. 45
(f) "Therapeutic deception" means a representation to 46
the client that sexual contact by the psychotherapist is 47
consistent with or part of the treatment of the client. 48
SECTION 2. This act shall take effect and be in force from 49
and after July 1, 2026. 50