MS SB2804

Creates the crime of "capital human trafficking of vulnerable persons for sexual exploitation" targeting individuals 18 or older who organize, finance, direct, or manage enterprises that traffic children under 12 or mentally incapacitated persons for sexual exploitation

Authorizes the death penalty for capital human trafficking convictions, with mandatory life imprisonment without parole if death is not imposed

Requires a separate sentencing proceeding where the jury must unanimously find at least 2 of 9 specified aggravating factors beyond a reasonable doubt before the death penalty can be considered

At least 8 of 12 jurors must recommend death for the court to impose the death sentence; the court retains discretion to impose life without parole even if death is recommended

Includes automatic Mississippi Supreme Court review of all death sentences within 2 years of appeal, and acknowledges the sentence would convert to life imprisonment if courts find it unconstitutional under Kennedy v. Louisiana