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MS SB2821
Bill
Status
Engrossed
2/11/2026
Primary Sponsor
Jeremy England
Click for details
AI Summary
- Creates the crime of "capital sexual battery" for adults 18 or older who commit sexual battery on, or injure the sexual organs of, a child under 12 years of age, punishable by death or life imprisonment without parole
- Requires prosecutors seeking the death penalty to file notice within 45 days of arraignment listing aggravating factors they intend to prove beyond a reasonable doubt
- Mandates a separate sentencing proceeding where at least 8 of 12 jurors must recommend death for that sentence to be considered, and the jury must unanimously find at least 2 aggravating factors
- Lists 10 aggravating factors (including prior sex offenses, use of firearm, victim vulnerability) and 7 mitigating circumstances (including no prior criminal history, extreme mental disturbance, defendant's age) for sentencing consideration
- Provides that if courts rule the death penalty unconstitutional under Kennedy v. Louisiana precedent, defendants will instead receive life imprisonment; effective date is July 1, 2026
Legislative Description
Capital sexual battery; create crime of.
Last Action
Decline to Concur/Invite Conf
3/16/2026
Committee Referrals
Judiciary B2/16/2026
Judiciary, Division B1/19/2026
Full Bill Text
No bill text available