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SB2813 • 2026

Sexual activity between certain individuals incarcerated in correctional facilities; clarify.

AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, TO AMEND THE CRIME OF SEXUAL ACTIVITY BETWEEN CERTAIN INDIVIDUALS AND OFFENDERS INCARCERATED IN CORRECTIONAL FACILITIES OR ON CORRECTIONAL SUPERVISION; TO DELETE THE TERM "OFFENDER" AND INCLUDE THE TERM "PERSON"; TO CLARIFY THAT THE CRIME APPLIES TO PERSONS OTHERWISE IN CUSTODY; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

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

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

Plain English Breakdown

The official source material does not provide specific details about the bill's impact or any additional terms that need clarification.

Clarifying Rules About Sexual Activity Between Staff and People in Custody

This bill changes the term 'offender' to 'person' in existing laws about sexual activity between staff at correctional facilities and individuals under custody, clarifying that it applies to those incarcerated or on supervision.

What This Bill Does

  • Changes the term 'offender' to 'person' in the law regarding sexual activity with individuals in custody.
  • Clarifies that the rule applies to persons who are incarcerated at correctional facilities, serving probation, parole, or other forms of supervision, and those detained, arrested, or otherwise in custody.

Who It Names or Affects

  • People working at correctional facilities who have authority over individuals under custody.
  • Individuals in custody, including those in jails or state prisons, on probation, parole, or other forms of supervision.

Terms To Know

Felony
A serious crime that can result in a prison sentence.
Custody
Being under the control and care of law enforcement or correctional facilities.

Limits and Unknowns

  • The bill did not pass during its session, so it has no legal effect.
  • It does not change the punishment for those who break this rule; it only clarifies who is covered by the existing rules.

Bill History

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

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division B

Official Summary Text

Sexual activity between certain individuals incarcerated in correctional facilities; clarify.

Current Bill Text

Read the full stored bill text 
S. B. No. 2813 *SS08/R1106* ~ OFFICIAL ~ G1/2
26/SS08/R1106
PAGE 1 (ens\tb)

To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill

SENATE BILL NO. 2813

AN ACT TO AMEND SECTION 97-3-104, MISSISSIPPI CODE OF 1972, 1
TO AMEND THE CRIME OF SEXUAL ACTIVITY BETWEEN CERTAIN INDIVIDUALS 2
AND OFFENDERS INCARCERATED IN CORRECTIONAL FACILITIES OR ON 3
CORRECTIONAL SUPERVISION; TO DELETE THE TERM "OFFENDER" AND 4
INCLUDE THE TERM "PERSON"; TO CLARIFY THAT THE CRIME APPLIES TO 5
PERSONS OTHERWISE IN CUSTODY; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 97-3-104, Mississippi Code of 1972, is 8
amended as follows: 9
97-3-104. (1) It is unlawful for any jailer, guard, 10
employee of the Department of Corrections, sheriff, constable, 11
marshal, other officer, or employee of a law enforcement agency or 12
correctional facility to engage in any sexual penetration, as 13
defined in Section 97-3-97, or other sexual act with * * * a 14
person, with the * * * person's consent, who is: 15
(a) Incarcerated at any jail or any state, county or 16
private correctional facility * * *; 17
(b) Serving on probation, parole, earned-release 18
supervision, post-release supervision, earned probation, intensive 19
S. B. No. 2813 *SS08/R1106* ~ OFFICIAL ~
26/SS08/R1106
PAGE 2 (ens\tb)
ST: Sexual activity between certain individuals
incarcerated in correctional facilities;
clarify.
supervision or any other form of correctional supervision * * *; 20
or 21
(c) Detained, arrested or otherwise in custody. 22
(2) It is unlawful for any civilian with supervisory or 23
custodial authority over * * * a person to engage in any sexual 24
penetration, as defined in Section 97-3-97, or other sexual act 25
with * * * that person, with the * * * person's consent, who is: 26
(a) Incarcerated at any jail or any state, county or 27
private correctional facility * * *; 28
(b) Serving on probation, parole, earned-release 29
supervision, post-release supervision, earned probation, intensive 30
supervision or any other form of correctional supervision; or 31
(c) Detained, arrested or otherwise in custody. 32
(3) Any person who violates this section is guilty of a 33
felony and, upon conviction, shall be fined not more than Five 34
Thousand Dollars ($5,000.00) or imprisoned for a term not to 35
exceed five (5) years, or both. 36
SECTION 2. This act shall take effect and be in force from 37
and after July 1, 2026. 38