MS HB33

Amends Section 97-3-104 to make it unlawful for jailers, guards, law enforcement officers, and correctional facility employees to engage in any sexual penetration or sexual acts with incarcerated offenders, whether consensual or not.

Adds new subsection to Section 97-3-65 providing that jailers, guards, and correctional facility employees who engage in nonconsensual sexual penetration with incarcerated persons shall be prosecuted under rape statutes and face life imprisonment if convicted.

Establishes penalties of up to $5,000 fine and/or up to 5 years imprisonment for violations of the consensual sexual contact prohibition under Section 97-3-104.

Brings forward Section 97-3-95 (sexual battery statute) defining sexual battery and outlining existing penalties for sexual penetration without consent.

Effective date: July 1, 2013.