MISSISSIPPI CODE TITLE 45.

 

CHAPTER 33. REGISTRATION OF SEX OFFENDERS 28|252|411

 

CHAPTER 35. IDENTIFICATION CARDS

MISSISSIPPI CODE TITLE 47

CHAPTER 7. PROBATION AND PAROLE

MISSISSIPPI CODE TITLE 63 CHAPTER 1. DRIVERS LICENSE

MISSISSIPPI CODE TITLE 97

CHAPTER 3. CRIMES AGAINST THE PERSON

MISSISSIPPI CODE TITLE 99

CHAPTER 19. JUDGMENT, SENTENCE, AND EXECUTION

 

 

 

 

 

 


Miss. Code Ann. 45-33-21 (2011)


45-33-21. Legislative findings and declaration of purpose


   The Legislature finds that the danger of recidivism posed by criminal sex offenders and the protection of the public from these offenders is of paramount concern and interest to government. The Legislature further finds that law enforcement agencies' efforts to protect their communities, conduct investigations, and quickly apprehend criminal sex offenders are impaired by the lack of information shared with the public, which lack of information may result in the failure of the criminal justice system to identify, investigate, apprehend, and prosecute criminal sex offenders.
 
   The Legislature further finds that the system of registering criminal sex offenders is a proper exercise of the state's police power regulating present and ongoing conduct. Comprehensive registration and periodic address verification will provide law enforcement with additional information critical to preventing sexual victimization and to resolving promptly incidents involving sexual abuse and exploitation. It will allow law enforcement agencies to alert the public when necessary for the continued protection of the community.
 
   Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in safety and in the effective operation of government. In balancing offenders' due process and other rights, and the interests of public security, the Legislature finds that releasing such information about criminal sex offenders to the general public will further the primary governmental interest of protecting vulnerable populations and, in some instances the public, from potential harm.
 
   Therefore, the state's policy is to assist local law enforcement agencies' efforts to protect their communities by requiring criminal sex offenders to register, to record their addresses of residence, to be photographed and fingerprinted, and to authorize the release of necessary and relevant information about criminal sex offenders to the public as provided in this chapter, which may be referred to as the Mississippi Sex Offenders Registration Law.

HISTORY: SOURCES: Laws, 2000, ch. 499, 1, eff from and after July 1, 2000.

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Miss. Code Ann. 45-33-23 (2013)

 

45-33-23. Definitions


   For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

   (a) "Conviction" means that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court-martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, a conviction in any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) Public Law 109-248.

   (b) "Department" means the Mississippi Department of Public Safety unless otherwise specified.

   (c) "Jurisdiction" means any court or locality including any state court, federal court, military court, Indian tribunal or foreign court, the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianna Islands or the United States Virgin Islands, and Indian tribes that elect to function as registration jurisdictions under Title 1, SORNA Section 127 of the Adam Walsh Child Safety Act.

   (d) "Permanent residence" means a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.

   (e) "Registration" means providing information to the appropriate agency within the time frame specified as required by this chapter.

   (f) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints and biological sample of the registrant. Biological samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety immediately.

   (g) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.

      (i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.

      (ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.

      (iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.

      (iv) For a sex offender in the custody of the youth court, the responsible agency is the youth court.

      (v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.

      (vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of the facility shall notify the Department of Public Safety before the offender's release.

      (vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.

   (h) "Sex offense" or "registrable offense" means any of the following offenses:

      (i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);

      (ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;

      (iii) Section 97-3-71 relating to rape and assault with intent to ravish;

      (iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;

      (v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;

      (vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;

      (vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;

      (viii) Section 97-5-33 relating to the exploitation of children;

      (ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

      (x) Section 97-29-3 relating to sexual intercourse between teacher and student;

      (xi) Section 97-29-59 relating to unnatural intercourse;

      (xii) Section 43-47-18 relating to sexual abuse of a vulnerable person;

      (xiii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c);

      (xiv) Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;

      (xv) Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;

      (xvi) Section 97-29-45(1)(a) relating to obscene electronic communication;

      (xvii) Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;

      (xviii) Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;

      (xix) Section 97-1-7 relating to attempt to commit any of the above-referenced offenses;

      (xx) Any other offense resulting in a conviction in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;

      (xxi) Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had;

      (xxii) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section;

      (xxiii) Capital murder when one (1) of the above-described offenses is the underlying crime.

   (i) "Temporary residence" is defined as any place where the person abides, lodges, or resides for a period of seven (7) or more consecutive days which is not the person's permanent residence.


HISTORY: SOURCES: Laws, 2000, ch. 499, 2; Laws, 2001, ch. 500, 1; Laws, 2006, ch. 328, 3; Laws, 2006, ch. 563, 1; Laws, 2006, ch. 583, 7; Laws, 2007, ch. 392, 1; Laws, 2009, ch. 411, 1; Laws, 2011, ch. 359, 1; Laws, 2012, ch. 557, 3; Laws, 2013, ch. 521, 1, eff from and after Jan. 1, 2014.

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Miss. Code Ann. 45-33-25 (2013)

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45-33-25. Registration with Mississippi Department of Public Safety of persons convicted of or acquitted by reason of insanity of registrable offenses residing, employed or attending school in Mississippi; registration information; prohibition against registered sex offenders living within specified distance of schools, certain child care facilities or agencies or playgrounds or other recreational facilities utilized by children

(1) (a) Any person having a permanent or temporary residence in this state or who is employed or attending school in this state who has been convicted of a registrable offense in this state or another jurisdiction or who has been acquitted by reason of insanity of a registrable offense in this state or another jurisdiction shall register with the responsible agency and the Mississippi Department of Public Safety. Registration shall not be required for an offense that is not a registrable sex offense or for an offender who is under fourteen (14) years of age. The department shall provide the initial registration information as well as every change of name, change of address, change of status at a school, or other change of information as required by the department to the sheriff of the county of the residence address of the registrant, the sheriff of the county of the employment address, and the sheriff of the county of the school address, if applicable, and any other jurisdiction of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.

   (b) Any person having a permanent or temporary residence or who is employed or attending school in this state who has been adjudicated delinquent for a registrable sex offense listed in this paragraph that involved use of force against the victim shall register as a sex offender with the responsible agency and shall personally appear at a Mississippi Department of Public Safety Driver's License Station within three (3) business days of registering with the responsible agency:

      (i) Section 97-3-71 relating to rape and assault with intent to ravish;

      (ii) Section 97-3-95 relating to sexual battery;

      (iii) Section 97-3-65 relating to statutory rape; or

      (iv) Conspiracy to commit, accessory to the commission of, or attempt to commit any offense listed in this paragraph.

(2) Any person required to register under this chapter shall submit the following information at the time of registration:

   (a) Name, including a former name which has been legally changed;

   (b) Street address of all current permanent and temporary residences within state or out of state at which the sex offender resides or habitually lives, including dates of temporary lodgings. There is a presumption that a registrant owes a duty of updating registration information if:

      (i) The registrant remains away from a registered address for seven (7) or more consecutive days; or

      (ii) If the registrant remains at another address between the hours of 10:00 p.m. and 6:00 a.m. for more than seven (7) consecutive days;

   (c) Date, place and address of employment, including as a volunteer or unpaid intern or as a transient or day laborer;

   (d) Crime for which charged, arrested or convicted;

   (e) Date and place of conviction, adjudication or acquittal by reason of insanity;

   (f) Aliases used or nicknames, ethnic or tribal names by which commonly known;

   (g) Social security number and any purported social security number or numbers;

   (h) Date and place of birth and any purported date and place of birth;

   (i) Age, race, sex, height, weight, hair and eye colors, and any other physical description or identifying factors;

   (j) A brief description of the offense or offenses for which the registration is required;

   (k) Driver's license or state or other jurisdiction identification card number, which license or card may be electronically accessed by the Department of Public Safety;

   (l) Anticipated future residence;

   (m) If the registrant's residence is a motor vehicle, trailer, mobile home or manufactured home, the registrant shall also provide vehicle identification number, license tag number, registration number and a description, including color scheme, of the motor vehicle, trailer, mobile home or manufactured home; if the registrant's place of residence is a vessel or houseboat, the registrant shall also provide the hull identification number, manufacturer's serial number, name of the vessel or houseboat, registration number and a description, including color scheme, of the vessel or houseboat, including permanent or frequent locations where the motor vehicle, trailer, mobile home, manufactured home, vessel or houseboat is kept;

   (n) Vehicle make, model, color and license tag number for all vehicles owned or operated by the sex offender, whether for work or personal use, and the permanent or frequent locations where a vehicle is kept;

   (o) Offense history;

   (p) Photograph;

   (q) Fingerprints and palm prints;

   (r) Documentation of any treatment received for any mental abnormality or personality disorder of the person;

   (s) Biological sample;

   (t) Name of any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student, or will be enrolled as a student, and the registrant's status;

   (u) Copy of conviction or sentencing order for the sex offense for which registration is required;

   (v) The offender's parole, probation or supervised release status and the existence of any outstanding arrest warrants;

   (w) Every online identity, screen name or username used, registered or created by a registrant;

   (x) Professional licensing information which authorizes the registrant to engage in an occupation or carry out a trade or occupation;

   (y) Information from passport and immigration documents;

   (z) All telephone numbers, including, but not limited to, permanent residence, temporary residence, cell phone and employment phone numbers, whether landlines or cell phones; and

   (aa) Any other information deemed necessary.

(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.

(4) (a) A person required to register under this chapter shall not reside within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school, a child care facility, a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.

   (b) A person residing within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school or a child care facility does not commit a violation of this subsection if any of the following apply:

      (i) The person is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility.

      (ii) The person is subject to an order of commitment under Title 41, Mississippi Code of 1972.

      (iii) The person established the subject residence before July 1, 2006.

      (iv) The school or child care facility is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.

      (v) The person established the subject residence between July 1, 2006, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the school or child care facility.

      (vi) The person is a minor or a ward under a guardianship.

   (c) A person residing within three thousand (3,000) feet of the real property comprising a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years does not commit a violation of this subsection if any of the following apply:

      (i) The person established the subject residence before July 1, 2008.

      (ii) The residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.

      (iii) The person established the subject residence between July 1, 2008, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.

      (iv) Any of the conditions described in subsection (4)(b)(i), (ii) or (vi) exist.

(5) The Department of Public Safety is required to obtain the text of the law defining the offense or offenses for which the registration is required.

HISTORY: SOURCES: Laws, 2000, ch. 499, 3; Laws, 2001, ch. 500, 2; Laws, 2006, ch. 566, 2; Laws, 2007, ch. 392, 2; Laws, 2008, ch. 424, 1; Laws, 2011, ch. 359, 2; Laws, 2013, ch. 521, 2, eff from and after Jan. 1, 2014.

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Miss. Code Ann. 45-33-26 (2011)


45-33-26. Prohibition against sex offender being present in or within a certain distance of school building or school property; exemptions; penalties


   (1) Unless exempted under subsection (2), it is unlawful for a person required to register as a sex offender under Section 45-33-25:

   (a) To be present in any school building, on real property comprising any school, or in any conveyance owned, leased or contracted by a school to transport students to or from school or a school-related activity when persons under the age of eighteen (18) are present in the building, on the grounds or in the conveyance; or

   (b) To loiter within five hundred (500) feet of a school building or real property comprising any school while persons under the age of eighteen (18) are present in the building or on the grounds.

(2) (a) A person required to register as a sex offender who is a parent or guardian of a student attending the school and who complies with subsection (3) may be present on school property if the parent or guardian is:

      (i) Attending a conference at the school with school personnel to discuss the progress of the sex offender's child academically or socially;

      (ii) Participating in child review conferences in which evaluation and placement decisions may be made with respect to the sex offender's child regarding special education services;

      (iii) Attending conferences to discuss other student issues concerning the sex offender's child such as retention and promotion;

      (iv) Transporting the sex offender's child to and from school; or

      (v) Present at the school because the presence of the sex offender has been requested by the principal for any other reason relating to the welfare of the child.

   (b) Subsection (1) of this section shall not apply to a sex offender who is legally enrolled in a particular school or is participating in a school-sponsored educational program located at a particular school when the sex offender is present at that school.

(3) (a) In order to exercise the exemption under subsection (2), a parent or guardian who is required to register as a sex offender must notify the principal of the school of the sex offender's presence at the school unless the offender: (i) has permission to be present from the superintendent or the school board, or (ii) the principal has granted ongoing permission for regular visits of a routine nature.

   (b) If permission is granted by the superintendent or the school board, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours when the sex offender will be present in the school, and the sex offender is responsible for notifying the principal's office upon arrival and upon departure. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official.

(4) For the purposes of this section, the following terms shall have the meanings ascribed unless the context clearly requires otherwise:

   (a) "School" means a public or private preschool, elementary school or secondary school.

   (b) "Loiter" means standing or sitting idly, whether in or out of a vehicle, or remaining in or around school property without a legitimate reason.

   (c) "School official" means the principal, a teacher, any other certified employee of the school, the superintendent of schools, or a member of the school board.

(5) A sex offender who violates this section is guilty of a misdemeanor and subject to a fine not to exceed One Thousand Dollars ($ 1,000.00), incarceration not to exceed six (6) months in jail, or both.

(6) It is a defense to prosecution under this section that the sex offender did not know and could not reasonably know that the property or conveyance fell within the proscription of this section.

(7) Nothing in this section shall be construed to infringe upon the constitutional right of a sex offender to be present in a school building that is used as a polling place for the purpose of voting.

HISTORY: SOURCES: Laws, 2007, ch. 595, 1, eff from and after July 1, 2007.

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Miss. Code Ann. 45-33-27 (2011)


45-33-27. Time frame and place for registration of offenders


   (1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register with the responsible agency within three (3) business days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register before release in accordance with the procedures established by the department. The responsible agency shall immediately forward the registration information to the Department of Public Safety. The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of registration with the responsible agency and to obtain a sex offender registration card.

(2) If a person who is required to register under this section is released from prison or placed on parole or supervised release or in a restitution center or community work center, the Department of Corrections shall perform the registration duties before placement in a center or before release and immediately forward the registration information to the Department of Public Safety. The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of release or placement in a restitution center or community work center.

(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall register the person and immediately forward the registration information to the Department of Public Safety. The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of the entry of the order.

(4) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register attaches shall present himself to the county sheriff to register within three (3) business days, and shall personally appear at a Department of Public Safety Driver's License Station within three (3) days of the time the requirement to register attaches.

(5) An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to this state and shall present himself to the sheriff of the county of his residence within three (3) business days after first residing in or returning to a county of this state to provide the required registration information. The person is also required to register by personally appearing at a Department of Public Safety Driver's License Station within three (3) days after first residing in or moving to a county of this state. If the offender fails to appear for registration as required in this state, the department shall notify the other jurisdiction of the failure to register.

(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered shall register with the sheriff of the county in which he resides no later than August 15, 2000, or within three (3) business days of first residing in or returning to a county of this state.

(7) Every person required to register shall show proof of domicile. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile.

(8) Any driver's license photograph, I.D. photograph, sex offender photograph, fingerprint, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.

(9) The department will assist local law enforcement agencies in the effort to conduct address and other verifications of registered sex offenders and will assist in the location and apprehension of noncompliant sex offenders.

HISTORY: SOURCES: Laws, 2000, ch. 499, 4; Laws, 2001, ch. 500, 3; Laws, 2005, ch. 353, 1; Laws, 2006, ch. 563, 2; Laws, 2007, ch. 392, 3; Laws, 2011, ch. 359, 3, eff from and after July 1, 2011.

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Miss. Code Ann. 45-33-28 (2011)


45-33-28. Notification of emergency shelter management of person's sex offender status upon entering shelter during declaration of emergency; notification of law enforcement officials of presence of sex offender in shelter


   (1) Notwithstanding any other provision of the law to the contrary, during a declaration of emergency, any person who has been required to register as a sex offender as provided in this chapter who enters an emergency shelter, within the first twenty-four (24) hours of admittance, shall notify the management of the facility, the sheriff of the county in which the shelter is located and the chief of police of the municipality, if the shelter is located in a municipality, of the person's sex offender status. The sex offender shall provide his full name, date of birth, social security number, and last address of registration prior to the declaration of emergency. Within seventy-two (72) hours of receiving the notification required by the provisions of this subsection, the sheriff and chief of police shall forward that information to the department.

(2) The manager or director of the emergency shelter shall make a reasonable effort to notify the chief law enforcement officer of the county or municipality in which the shelter is located of the presence of the sex offender in the emergency shelter. No person associated with a nonprofit organization that operates an emergency shelter shall be liable for any injury or claim arising out of the failure of the manager or operator to communicate the presence of a sex offender in the shelter to the appropriate law enforcement official.

HISTORY: SOURCES: Laws, 2011, ch. 359, 4, eff from and after July 1, 2011.

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Miss. Code Ann. 45-33-29 (2011)


45-33-29. Address change notification; change in enrollment, employment or vocation status at any educational institution; change of employment or name; change of vehicle information; change of e-mail address or other designation used in Internet communications


   (1) Upon any change of address, including temporary lodging, an offender required to register under this chapter is required to personally appear at a Department of Public Safety Driver's License Station not less than ten (10) days before he intends to first reside at the new address.

(2) Upon any change in the status of a registrant's enrollment, employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education, the offender is required to personally appear at a Department of Public Safety Driver's License Station within three (3) business days of the change.

(3) Upon any change of employment or change of name, a registrant is required to personally appear at a Department of Public Safety Driver's License Station within three (3) business days of the change.

(4) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

(5) Upon any change of e-mail address or addresses, instant message address or addresses, or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

(6) Upon any change of information deemed by the department to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

HISTORY: SOURCES: Laws, 2000, ch. 499, 5; Laws, 2001, ch. 500, 4; Laws, 2005, ch. 353, 2; Laws, 2006, ch. 563, 3; Laws, 2007, ch. 392, 4; Laws, 2011, ch. 359, 5, eff from and after July 1, 2011.

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Miss. Code Ann. 45-33-31 (2013)

45-33-31. Reregistration

(1) (a) Registrants who are in compliance with a program of electronic monitoring under this chapter are required to reregister annually.

   (b) All other registrants are required to personally appear at a Department of Public Safety Driver's License Station to reregister every ninety (90) days.

(2) Reregistration includes the submission of current information and photograph to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant's employment or status at a school, along with any other registration information that may need to be verified and the payment of any required fees.

(3) A person who fails to reregister and obtain a renewal sex offender registration card as required by this section commits a violation of this chapter. The Department of Public Safety will immediately notify any sheriff or other jurisdiction of any changes in information including residence address, employment and status at a school if that jurisdiction, county or municipality is affected by the change.

HISTORY: SOURCES: Laws, 2000, ch. 499, 6; Laws, 2001, ch. 500, 5; Laws, 2005, ch. 353, 3; Laws, 2006, ch. 563, 4; Laws, 2007, ch. 392, 5; Laws, 2011, ch. 359, 6; Laws, 2013, ch. 521, 5, eff from and after Jan. 1, 2014.

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Miss. Code Ann. 45-33-32 (2011)


45-33-32. Disclosure by sex offenders volunteering for organizations serving minors


   (1) A person convicted of a sex offense who volunteers for an organization in which volunteers have direct, private and unsupervised contact with minors shall notify the organization of the person's conviction at the time of volunteering. Such notification must be in writing to the organization. Any organization which accepts volunteers must notify volunteers of this disclosure requirement upon application of the volunteer to serve or prior to acceptance of any of the volunteer's service, whichever occurs first.

(2) If the organization, after notification by the offender as provided in subsection (1), accepts the offender as a volunteer, the organization must notify the parents or guardians of any minors involved in the organization of the offender's criminal record.

(3) This section applies to all registered sex offenders regardless of the date of conviction.

(4) Any person previously registered as a sex offender and who has a continuing obligation to be registered as a sex offender shall be notified of the person's duty under this section with the first reregistration form to be sent to the person after July 1, 2004.

(5) If the registered sex offender is currently volunteering for such an organization, the sex offender must resign or notify the organization immediately upon receipt of notice or be subject to the penalties of this chapter.

HISTORY: SOURCES: Laws, 2004, ch. 493, 1, eff from and after July 1, 2004.

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Miss. Code Ann. 45-33-33 (2013)

45-33-33. Failure to register; reregister or comply with electronic monitoring; violations of chapter; penalties and enforcement

 

(1) (a) The failure of an offender to personally appear at a Department of Public Safety Driver's License Station or to provide any registration or other information, including, but not limited to, initial registration, reregistration, change of address information, change of employment, change of name, required notification to a volunteer organization or any other registration duty or submission of information required by this chapter is a violation of this chapter. Additionally, forgery of information or submission of information under false pretenses, whether by the registrant or another person, is also a violation of this chapter.

   (b) A person commits a violation of this chapter who:

      (i) Knowingly harbors, or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this chapter; or

      (ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or

      (iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.

   (c) A registrant who is required to submit to electronic monitoring who does not comply with all the terms and conditions of the electronic monitoring commits a violation of this chapter.

(2) (a) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine of not more than Five Thousand Dollars ($ 5,000.00), imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both fine and imprisonment.

   (b) A person who is required to register under this chapter who is subsequently convicted for a registration violation under this section, upon release from incarceration, shall submit to mandatory electronic monitoring under the program established under Section 45-33-45 for a period computed by subtracting the time the person spent in actual incarceration from the five-year maximum imprisonment for the offense and the period of post-release monitoring shall not be suspended or reduced by the court or the Department of Corrections.

(3) Whenever it appears that an offender has failed to comply with the duty to register, reregister or submit to electronic monitoring, the department shall promptly notify the sheriff of the county of the last-known address of the offender as well as the sheriff of the county of the last-known location of the offender, if different. Upon notification, the sheriff shall attempt to locate the offender at his last-known address or last-known location.

   (a) If the sheriff locates the offender, he shall enforce the provisions of this chapter, including initiation of prosecution if appropriate. The sheriff shall then notify the department with the current information regarding the offender.

   (b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register, reregister or comply with electronic monitoring. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database and issue a warrant for the offender's arrest. The department shall notify the United States Marshals Service of the offender's noncompliant status and shall update the registry database and website to show the defendant's noncompliant status as an absconder.

(4) A violation of this chapter shall result in the arrest of the offender.

(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.

(6) A person required to register under this chapter who commits any act or omission in violation of this chapter may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sex offender, the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register, the county in which he was designated a sex offender, or the county in which the sex offender was found.

(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister, submit to monitoring, or who has provided false information.

(8) When a person required to register under this chapter is accused of any registration offense under this section, pretrial release on bond shall be conditioned on the offender's submission to electronic monitoring under the program established under Section 45-33-45.

HISTORY: SOURCES: Laws, 2000, ch. 499, 7; Laws, 2001, ch. 500, 6; Laws, 2004, ch. 493, 2; Laws, 2005, ch. 353, 4; Laws, 2006, ch. 566, 3; Laws, 2007, ch. 392, 6; Laws, 2011, ch. 359, 7; Laws, 2013, ch. 521, 6, eff from and after Jan. 1, 2014.

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Miss. Code Ann. 45-33-34 (2011)


45-33-34. Notification to the Department of Public Safety regarding reincarceration or commitment of registered sex offender


   (1) The Department of Corrections and all law enforcement agencies shall notify the department when a registered sex offender is arrested or incarcerated for another offense or as the result of having violated probation, parole, conditional discharge or other sentence or court order.

(2) The offender, offender's guardian, offender's conservator or the administrator of the institution shall notify the department when a registered sex offender is committed to a mental institution for a reason other than the initial confinement following an acquittal by reason of insanity for a sex offense.

HISTORY: SOURCES: Laws, 2006, ch. 563, 5; Laws, 2007, ch. 392, 7, eff from and after July 1, 2007.

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Miss. Code Ann. 45-33-35 (2011)


45-33-35. Central registry of offenders; duties of agencies to provide information


   (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.

(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.

(3) Before release from prison or placement on parole, supervised release or in a work center or restitution center, the Department of Corrections shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(4) Before release from a community regional mental health center or from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(5) Before release from a youthful offender facility, the director of the facility shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(6) In addition to performing the registration duties, the responsible agency shall:

   (a) Inform the person having a duty to register that:

      (i) The person is required to personally appear at a Department of Public Safety Driver's License Station at least ten (10) days before changing address.

      (ii) Any change of address to another jurisdiction shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station not less than ten (10) days before the change of address. The offender shall comply with any registration requirement in the new jurisdiction.

      (iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.

      (iv) Address verifications shall be made by personally appearing at a Department of Public Safety Driver's License Station within the required time period.

      (v) Notification or verification of a change in status of a registrant's enrollment, employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station within three (3) business days of the change.

      (vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1).

      (vii) Upon any change of name or employment, a registrant is required to personally appear at a Department of Public Safety Driver's License Station within three (3) business days of the change.

      (viii) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

      (ix) Upon any change of e-mail address or addresses, instant message address or addresses or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

      (x) Upon any change of information deemed to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

   (b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.

   (c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Crime Lab.

   (d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.

HISTORY: SOURCES: Laws, 2000, ch. 499, 8; Laws, 2001, ch. 500, 7; Laws, 2004, ch. 493, 3; Laws, 2005, ch. 353, 5; Laws, 2006, ch. 563, 6; Laws, 2007, ch. 392, 8; Laws, 2011, ch. 359, 8, eff from and after July 1, 2011.

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Miss. Code Ann. 45-33-36 (2013)


45-33-36. Duty of Department of Public Safety to provide sex offender registration information; notification to residents


   (1) Upon receipt of sex offender registration or change of registration information, the Department of Public Safety shall immediately provide the information to:

   (a) The National Sex Offender Registry or other appropriate databases;

   (b) The sheriff of the county and the chief law enforcement officer of any other jurisdiction where the offender resides, lodges, is an employee or is a student or intends to reside, work, attend school or volunteer;

   (c) The sheriff of the county and the chief law enforcement officer of any other jurisdiction from which or to which a change of residence, employment or student status occurs;

   (d) The Department of Human Services and any other social service entities responsible for protecting minors in the child welfare system;

   (e) The probation agency that is currently supervising the sex offender;

   (f) Any agency responsible for conducting employment-related background checks under Section 3 of the National Child Protection Act of 1993 (42 USC 5119(a));

   (g) Each school and public housing agency in each jurisdiction in which the sex offender resides, is an employee or is a student;

   (h) All prosecutor offices in each jurisdiction in which the sex offender resides, is an employee, or is a student; and

   (i) Any other agencies with criminal investigation, prosecution or sex offender supervision functions in each jurisdiction in which the sex offender resides, is an employee, or is a student.

(2) The Department of Public Safety shall post changes to the public registry website within three (3) business days. Electronic notification will be available via the Internet to all law enforcement agencies, to any volunteer organizations in which contact with minors or vulnerable adults might occur and any organization, company or individual who requests notification pursuant to procedures established by the Department of Public Safety. This provision shall take effect upon the state's receipt and implementation of the Department of Justice software in compliance with the provisions of the Adam Walsh Act.

(3) From and after July 1, 2015, local jurisdictions receiving notification and that have the ability may notify residents when a sex offender begins residing, lodges, becomes employed, volunteers or attends school or intends to reside, lodge, work, attend school or volunteer in the area by using a website, social media, print media, e-mail or may provide a link to the Department of Public Safety website.

HISTORY: SOURCES: Laws, 2007, ch. 392, 17; Laws, 2011, ch. 359, 9; Laws, 2013, ch. 521, 7, eff from and after Jan. 1, 2014.

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Miss. Code Ann. 45-33-37 (2011)


45-33-37. DNA identification system; convicted sex offender to submit biological sample for purposes of DNA identification analysis


   (1) The Mississippi Crime Laboratory shall develop a plan for and establish a deoxyribonucleic acid (DNA) identification system. In implementing the plan, the Mississippi Crime Laboratory shall purchase the appropriate equipment. The DNA identification system as established herein shall be compatible with that utilized by the Federal Bureau of Investigation.

(2) From and after January 1, 1996, every individual convicted of a sex offense or in the custody of the Mississippi Department of Corrections for a sex offense as defined in Section 45-33-23 shall submit a biological sample for purposes of DNA identification analysis before release from or transfer to a state correctional facility or county jail or other detention facility.

(3) From and after January 1, 1996, any person having a duty to register under Section 45-33-25 for whom a DNA analysis is not already on file shall submit a biological sample for purposes of DNA identification analysis within five (5) working days after registration.

(4) The Mississippi Crime Laboratory shall be responsible for the policy management and administration of the state DNA identification record system to support law enforcement and other criminal justice agencies and shall:

   (a) Promulgate rules and regulations to implement the provisions of this section; and

   (b) Provide for cooperation with the Federal Bureau of Investigation and other criminal justice agencies relating to the state's participation in the Combined DNA Index System (CODIS) program and the national DNA identification index or in any DNA database designated by the crime laboratory.

(5) A DNA sample obtained in good faith shall be deemed to have been obtained in accordance with the requirements of this section. Any entry into the database which is found to be erroneous shall not prohibit law enforcement officials from the legitimate use of information in the furtherance of a criminal investigation.

HISTORY: SOURCES: Laws, 2000, ch. 499, 9; Laws, 2001, ch. 500, 8; Laws, 2006, ch. 563, 7, eff from and after July 1, 2006.

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Miss. Code Ann. 45-33-39 (2011)


45-33-39. Notification to defendant charged with sex offense; notice included on any guilty plea form and judgement and sentence forms


   (1) The court shall provide written notification to any defendant charged with a sex offense as defined by this chapter of the registration requirements of Sections 45-33-25 and 45-33-31. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. The court shall obtain a written acknowledgment of receipt on each occasion.

(2) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the registration requirements of Sections 45-33-25 and 45-33-31. The court shall obtain a written acknowledgment of receipt on each occasion.

(3) A court having jurisdiction of any of the offenses enumerated in Section 45-33-23(g) shall cause to be forwarded to the Department of Public Safety a certified record of conviction in such court of any person of any of the offenses listed.

HISTORY: SOURCES: Laws, 2000, ch. 499, 10; Laws, 2011, ch. 359, 10, eff from and after July 1, 2011.

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Miss. Code Ann. 45-33-41 (2011)


45-33-41. Notification to inmates and offenders by Department of Corrections, county or municipal jails, and juvenile detention facilities; victim notification


   (1) The Department of Corrections or any person having charge of a county or municipal jail or any juvenile detention facility shall provide written notification to an inmate or offender in the custody of the jail or other facility due to a conviction of or adjudication for a sex offense of the registration and notification requirements of Sections 45-33-25, 45-33-31, 45-33-32 and 45-33-59 at the time of the inmate's or offender's confinement and release from confinement, and shall receive a signed acknowledgment of receipt on both occasions.

(2) At least ten (10) days prior to the inmate's release from confinement, the Department of Corrections shall notify the victim of the offense or a designee of the immediate family of the victim regarding the date when the offender's release shall occur, provided a current address of the victim or designated family member has been furnished in writing to the Director of Records for such purpose.

HISTORY: SOURCES: Laws, 2000, ch. 499, 11; Laws, 2004, ch. 493, 4; Laws, 2007, ch. 392, 9, eff from and after July 1, 2007.

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Miss. Code Ann. 45-33-43 (2011)


45-33-43. Written notification to applicants for certain driver's licenses; written acknowledgment by applicant of receipt of notification


   At the time a person surrenders a driver's license from another jurisdiction or makes an application for a driver's license, temporary driving permit, intermediate license, commercial driver's license or identification card issued under Section 45-35-3, the department shall provide the applicant with written information on the registration requirements of this chapter and shall require written acknowledgment by the applicant of receipt of the notification.

HISTORY: SOURCES: Laws, 2000, ch. 499, 12; Laws, 2007, ch. 392, 10, eff from and after July 1, 2007.

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Miss. Code Ann. 45-33-45 (2013)


45-33-45. Data monitoring and alert system for certain persons required to be monitored [Effective January 1, 2014]


   (1) The Department of Corrections may enter into a contract with a qualified vendor experienced in and capable of fulfilling the requirements of this section on a daily basis to provide a data monitoring and alert system for persons who are required to be monitored under this chapter. The initial program shall provide for monitoring upon release of the offenders listed in Section 45-33-33 or 45-33-47 as being obligated to be monitored while on bond or upon release from confinement.

(2) The system shall monitor the movement of a monitored subject through public records or other record information systems, and, at a minimum, shall provide:

   (a) Time-correlated or continuous tracking of the geographic location of the monitored subject using a Global Positioning System that is based on satellite and other location technology;

   (b) An automated monitoring system that can be used to permit law enforcement agencies to compare the geographic positions of monitored subjects with reported crime incidents and the proximity of the monitored subject to a reported crime incident; and

   (c) From and after January 1, 2015, and subject to regulations promulgated by the Commissioner of Corrections, notification to:

      (i) A victim or family of a victim who have registered for notification when the offender is within a specified range of the victim's or family's residence; and

      (ii) Law enforcement when an offender is within the prohibited range of a school or other place where the offender is prohibited from being.

(3) The vendor shall notify the Department of Public Safety or a local law enforcement agency if a registered sex offender does any of the following:

   (a) Moves from a residence or address in this state to a residence or address in another state.

   (b) Moves from a residence or address in this state to another residence or address in this state.

(4) The Department of Corrections shall develop procedures to determine, investigate and report on a twenty-four-hour-per-day basis a monitored subject's noncompliance with the terms and conditions of the program, and all reports of noncompliance shall be investigated immediately by the law enforcement agency having jurisdiction that receives a report of noncompliance.

(5) (a) The system shall be installed and operational not later than January 1, 2014, following an appropriate testing period. The initial program shall consist of monitoring of the required offenders; in the second phase, the program will provide for notification to victims who have registered for notification.

   (b) The Commissioner of Corrections shall study and develop recommendations for the Legislature as to the advisability of monitoring of additional registrants not later than January 1, 2015.

(6) The Commissioner of Corrections may adopt regulations to establish fees and otherwise administer monitoring of sex offenders as required under this chapter.

(7) Notwithstanding any provision of law, rule or regulation to the contrary, the Department of Corrections, Attorney General, Department of Public Safety, Mississippi Bureau of Investigation, and federal, county and municipal law enforcement agencies may share criminal incident information with each other and the vendor selected to provide the monitoring equipment for the program for the purposes of detection and prevention of crime.

HISTORY: SOURCES: Laws, 2013, ch. 521, 4, eff from and after January 1, 2014.

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Miss. Code Ann. 45-33-47 (2013)


45-33-47. Petition for relief from duty to register; grounds; minimum period of continuing registration based on three-tier classification of offenses; certain offenders subject to lifetime registration; certain offenders subject to electronic monitoring


   (1) A sex offender with a duty to register under Section 45-33-25 shall only be relieved of the duty under subsection (2) of this section.

(2) A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the registrant resides, to be relieved of that duty under the following conditions:

   (a) The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender's tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.

   (b) Tier One. (i) Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:

         1. Section 97-5-27(1) relating to dissemination of sexually oriented material to children;

         2. Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;

         3.
 Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;

         4.
 Section 97-29-45(1)(a) relating to obscene electronic communication;

         5. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;

         6. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;

         7. Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.

      (ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years' satisfaction of the requirements of this section for the convictions classified as Tier One offenses.

   (c) Tier Two. (i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:

         1. Section 97-5-33(3) through (9) relating to the exploitation of children;

         2. Section 97-29-59 relating to unnatural intercourse;

         3.
 Section 97-29-63, relating to filming another without permission where there is an expectation of privacy;

         4. Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;

         5.
 Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;

         6. Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;

         7. Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier; or

         8. Any conviction of a Tier One offense if it is the offender's second or subsequent conviction of a registrable sex offense;

      (ii) Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years' satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.

   (d) Tier Three. Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:

      (i) Section 97-3-65 relating to rape;

      (ii) Section 97-3-71 relating to rape and assault with intent to ravish;

      (iii) Section 97-3-95 relating to sexual battery;

      (iv) Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;

      (v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;

      (vi) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

      (vii) Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);

      (viii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;

      (ix) Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions;

      (x) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;

      (xi) Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;

      (xii) Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused;

      (xiii) Capital murder when one (1) of the above described offenses is the underlying crime;

      (xiv) Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;

      (xv) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier; or

      (xvi) Any conviction of a Tier Two offense if it is the offender's second or subsequent conviction of a registrable sex offense.

   (e) An offender who has two (2) separate convictions for any of the registrable offenses described in Section 45-33-23 is subject to lifetime registration and shall not be eligible to petition to be relieved of the duty to register if at least one (1) of the convictions was entered on or after July 1, 1995.

   (f) An offender, twenty-one (21) years of age or older, who is convicted of any sex offense where the victim was fourteen (14) years of age or younger shall be subject to lifetime registration and shall not be relieved of the duty to register.

   (g) A first-time offender fourteen (14) years of age or older adjudicated delinquent in a youth court for a registrable offense of rape pursuant to Section 96-3-65 or a registrable offense of sexual battery pursuant to Section 97-3-95 is subject to lifetime registration, but shall be eligible to petition to be relieved of the duty to register after twenty-five (25) years of registration.

   (h) Registration following arrest or arraignment for failure to register is not a defense and does not relieve the sex offender of criminal liability for failure to register.

   (i) The department shall continue to list in the registry the name and registration information of all registrants who no longer work, reside or attend school in this state even after the registrant moves to another jurisdiction and registers in the new jurisdiction as required by law. The registry shall note that the registrant moved out of state.

(3) In determining whether to release an offender from the obligation to register, the court shall consider the nature of the registrable offense committed and the criminal and relevant noncriminal behavior of the petitioner both before and after conviction. The court may relieve the offender of the duty to register only if the petitioner shows, by clear and convincing evidence, that the registrant properly maintained his registration as required by law and that future registration of the petitioner will not serve the purposes of this chapter and the court is otherwise satisfied that the petitioner is not a current or potential threat to public safety. The district attorney in the circuit in which the petition is filed must be given notice of the petition at least three (3) weeks before the hearing on the matter. The district attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the petitioner may not again petition the court for relief until one (1) year has elapsed unless the court orders otherwise in its order of denial of relief.

(4) The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding, the offender receives a pardon, the charge is dismissed or the offender has received a court order pursuant to this section relieving him of the duty to register. Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued.

(5) A person required to register as a sex offender who is convicted under Section 45-33-33 of providing false registration information or of failure to register, reregister, update registration, or comply with electronic monitoring shall be subject to electronic monitoring at the expense of the offender under the program provided in Section 45-33-45. Termination of the duty to register also terminates the duty to be monitored.

HISTORY: SOURCES: Laws, 2000, ch. 499, 14; Laws, 2001, ch. 500, 10; Laws, 2006, ch. 566, 4; Laws, 2007, ch. 392, 11; Laws, 2011, ch. 359, 11; Laws, 2013, ch. 521, 3, eff from and after Jan. 1, 2014.

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Miss. Code Ann. 45-33-49 (2011)


45-33-49. Disclosure to public; guidelines for sheriffs as to notification; certain registry information to be available online; participation in Dru Sjodin National Sex Offender Public website; notification of schools and day care centers


   (1) Records maintained pursuant to this chapter shall be open to law enforcement agencies which shall be authorized to release relevant and necessary information regarding sex offenders to the public.

(2) The identity of a victim of an offense that requires registration under this chapter shall not be released.

(3) A sheriff shall maintain records for registrants of the county and shall make available to any person upon request the name, address, place of employment, crime for which convicted, date and place of conviction of any registrant, and any other information deemed necessary for the protection of the public. The sheriffs shall be responsible for verifying their respective registries annually against the department's records to ensure current information is available at both levels.

(4) (a) Upon written request, the department shall provide to any person the name, address, photograph, if available, date of photograph, place of employment, crime for which convicted, date and place of conviction of any registrant, hair, eye color, height, race, sex and date of birth of any registrant, and any other information deemed necessary for the protection of the public.

   (b) (i) The Department of Public Safety shall maintain an Internet website in a manner that will permit the public to obtain relevant information for each sex offender in the registry as required in this subsection (4). The website shall permit the public to obtain relevant information for each offender by a single query for any given name, zip code, municipality, county or geographic radius set by the user.

      (ii) The Department of Public Safety shall participate in the Dru Sjodin National Sex Offender Public website. The information required to be displayed on the public registry website includes the offender's name and all known aliases; a current photograph; a physical description; the offender's residential addresses including the offender's permanent address and any address at which the offender habitually lives; employer address; school address; the current sex offense for which the offender is registered; criminal history of any other sex offenses for which the offender has been convicted; a description of the offender's vehicle including license tag number; and the offender's status if designated as noncompliant or an absconder because of failure to comply with the requirements of this chapter.

      (iii) The public website shall not display the identity of a victim of an offense that requires registration under this chapter or the registered sex offender's social security number, travel or immigration document numbers, Internet identifiers, telephone numbers, or any arrests not resulting in conviction.

(5) The Department of Education, the Mississippi Private School Association and the Department of Health shall notify all schools and licensed day care centers annually regarding the availability upon request of this information.

(6) Nothing in this section shall be construed to prevent law enforcement officers from notifying members of the public exposed to danger of any circumstances or individuals that pose a danger under circumstances that are not enumerated in this section.

(7) Nothing in this chapter shall be construed to prevent law enforcement officers from providing community notification of any circumstances or individuals that pose or could pose a danger under circumstances that are not enumerated in this chapter.

HISTORY: SOURCES: Laws, 2000, ch. 499, 15; Laws, 2001, ch. 500, 11; Laws, 2011, ch. 359, 12, eff from and after July 1, 2011.

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Miss. Code Ann. 45-33-51 (2011)


45-33-51. Misuse of information; penalties


   (1) Any person who willfully misuses or alters public record information relating to a sex offender or sexual predator, or a person residing or working at an address reported by a sex offender, including information displayed by law enforcement agencies on web sites, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or imprisonment in the county jail not more than six (6) months, or both.

(2) The sale or exchange of sex offender information for profit is prohibited. Any violation of this subsection (2) is a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or imprisonment in the county jail not more than six (6) months, or both.

HISTORY: SOURCES: Laws, 2000, ch. 499, 16; Laws, 2007, ch. 392, 12, eff from and after July 1, 2007.

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Miss. Code Ann. 45-33-53 (2011)


45-33-53. Immunity from civil liability; immunity for exercise of discretion under chapter


   (1) An elected public official, public employee, or public agency is immune from civil liability for damages for any discretionary decision to release relevant and necessary information unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant information to other employees or officials or to the general public.

(2) Nothing in this chapter shall be deemed to impose any liability upon or to give rise to a cause of action against any public official, public employee, or public agency for failing to release information as authorized in this section.

(3) Notwithstanding any other provision of law to the contrary, any person who provides or fails to provide information relevant to the procedures set forth in this chapter shall not be liable therefor in any civil or criminal action. Nothing herein shall be deemed to grant any such immunity to any person for his willful or wanton act of commission or omission.

HISTORY: SOURCES: Laws, 2000, ch. 499, 17, eff from and after July 1, 2000.

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Miss. Code Ann. 45-33-55 (2011)

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45-33-55. Exemptions for expunction


   Except for juvenile criminal history information that has been sealed by order of the court, this chapter exempts sex offenses from laws of this state or court orders authorizing the destroying, expunging, purging or sealing of criminal history records to the extent such information is authorized for dissemination under this chapter.

HISTORY: SOURCES: Laws, 2000, ch. 499, 18, eff from and after July 1, 2000.

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Miss. Code Ann. 45-33-57 (2011)

 

 

45-33-57. Fees


   (1) The Department of Public Safety may adopt regulations to establish fees to be charged for information requests.

(2) The Department of Public Safety may adopt regulations to establish fees to be charged to registrants for registration, reregistration, and verification or change of address.

HISTORY: SOURCES: Laws, 2000, ch. 499, 19; Laws, 2005, ch. 353, 6, eff from and after July 1, 2005.

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Miss. Code Ann. 45-33-59 (2011)


45-33-59. Sex offenders employed in positions of close contact with children required to notify employers in writing of sex offender status


   (1) Any person convicted of a sex offense who is employed in any position, or who contracts with a person to provide personal services, where the employment position or personal services contract will bring the person into close regular contact with children shall notify in writing the employer or the person with whom the person has contracted of his sex offender status.

(2) This section applies to all registered sex offenders regardless of the date of conviction.

HISTORY: SOURCES: Laws, 2006, ch. 566, 7; Laws, 2007, ch. 392, 13, eff from and after July 1, 2007.

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Miss. Code Ann. 45-33-61 (2013)


45-33-61. Access to Administrative Office of Courts' youth court data management system by sex offenders prohibited


   (1) A person convicted of a sex offense shall not access the Administrative Office of Courts' youth court data management system known as the Mississippi Youth Court Information Delivery System or "MYCIDS."

(2) This section applies to all registered sex offenders without regard to the date of conviction for a registrable offense.

HISTORY: SOURCES: Laws, 2012, ch. 410, 2, eff from and after passage (approved Apr. 18, 2012.)

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Miss. Code Ann. 45-35-3 (2011)


45-35-3. Issuance of identification card by Department of Public Safety; application for card; registered sex offender's card to identify cardholder as sex offender


   (1) Any person six (6) years of age or older may be issued an identification card by the department which is certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5.

(2) The new, renewal or duplicate identification card of a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the cardholder as a sex offender.

HISTORY: SOURCES: Laws, 1988, ch. 570, 2; Laws, 1996, ch. 322, 2; Laws, 2001, ch. 343, 1; Laws, 2007, ch. 392, 15, eff from and after July 1, 2007.

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Miss. Code Ann. 47-7-35 (2011)


47-7-35. Terms and conditions of probation; court to determine; sex offender registry check required prior to placing offender on probation


   (1) The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision and may alter or modify, at any time during the period of probation or post-release supervision, the conditions and may include among them the following or any other:

That the offender shall:

   (a) Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;

   (b) Avoid injurious or vicious habits;

   (c) Avoid persons or places of disreputable or harmful character;

   (d) Report to the probation and parole officer as directed;

   (e) Permit the probation and parole officer to visit him at home or elsewhere;

   (f) Work faithfully at suitable employment so far as possible;

   (g) Remain within a specified area;

   (h) Pay his fine in one (1) or several sums;

   (i) Support his dependents;

   (j) Submit, as provided in Section 47-5-601, to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States;

   (k) Register as a sex offender if so required under Title 45, Chapter 33.

(2) When any court places a defendant on misdemeanor probation, the court must cause to be conducted a search of the probationer's name or other identifying information against the registration information regarding sex offenders maintained under Title 45, Chapter 33. The search may be conducted using the Internet site maintained by the Department of Public Safety Sex Offender Registry.

HISTORY: SOURCES: Codes, 1942, 4004-24; Laws, 1956, ch. 262, 11; brought forward, 1981, ch. 465, 107; Laws, 1983, ch. 435, 6; reenacted, 1984, ch. 471, 117; reenacted, 1986, ch. 413, 117; Laws, 1995, ch. 596, 10; Laws, 2006, ch. 566, 5; Laws, 2007, ch. 392, 14; Laws, 2011, ch. 359, 13, eff from and after July 1, 2011.

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Miss. Code Ann. 63-1-35 (2011)


63-1-35. Form of license; use of Social Security Number of licensee; photograph of licensee; renewal of license by electronic means; registered sex offender's license to identify licensee as sex offender


   (1) The Commissioner of Public Safety shall prescribe the form of licenses issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety. A licensee shall list his social security number with the department which shall cross reference the social security number with the driver's license number for purposes of identification. Additionally, each license shall bear a full face color photograph of the licensee in such form that the license and the photograph cannot be separated. The photograph shall be taken so that one (1) exposure will photograph the applicant and the application simultaneously on the same film. The department shall use a process in the issuance of a license with a color photograph that shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of the license or the superimposition of a photograph without ready detection. The photograph shall be replaced by the department at the time of renewal. Drivers' licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner in conformity to Section 27-104-33.

(2) The commissioner shall prescribe the form of licenses issued pursuant to this article to licensees who are not United States citizens and who do not possess a social security number issued by the United States government. The licenses of such persons shall include a number and/or other identifying features.

(3) Any new, renewal or duplicate driver's license, temporary driving permit, intermediate license or commercial driver's license issued to a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the licensee or permittee as a sex offender.

HISTORY: SOURCES: Codes, 1942, 8103; Laws, 1938, ch. 143; Laws, 1940, ch. 167; Laws, 1968, ch. 540, 1; Laws, 1981, ch. 453, 1; Laws, 1985, ch. 376, 13; Laws, 1996, ch. 466, 1; Laws, 2001, ch. 535, 1; Laws, 2002, ch. 584, 6; Laws, 2007, ch. 392, 16; Laws, 2011, ch. 467, 2, eff from and after July 1, 2011.

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Miss. Code Ann. 97-3-107 (2011)


97-3-107. Stalking; aggravated stalking; penalties; definitions


   (1) (a) Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking.

   (b) A person who is convicted of the crime of stalking under this section shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($ 1,000.00), or by both such fine and imprisonment.

   (c) Any person who is convicted of a violation of this section when there is in effect at the time of the commission of the offense a valid temporary restraining order, ex parte protective order, protective order after hearing, court approved consent agreement, or an injunction issued by a municipal, justice, county, circuit or chancery court, federal or tribal court or by a foreign court of competent jurisdiction prohibiting the behavior described in this section against the same party, shall be punished by imprisonment in the county jail for not more than one (1) year and by a fine of not more than One Thousand Five Hundred Dollars ($ 1,500.00).

(2) (a) A person who commits acts that would constitute the crime of stalking as defined in this section is guilty of the crime of aggravated stalking if any of the following circumstances exist:

      (i) At least one (1) of the actions constituting the offense involved the use or display of a deadly weapon with the intent to place the victim of the stalking in reasonable fear of death or great bodily injury to self or a third person;

      (ii) Within the past seven (7) years, the perpetrator has been previously convicted of stalking or aggravated stalking under this section or a substantially similar law of another state, political subdivision of another state, of the United States, or of a federally recognized Indian tribe, whether against the same or another victim; or

      (iii) At the time of the offense, the perpetrator was a person required to register as a sex offender pursuant to state, federal, military or tribal law and the victim was under the age of eighteen (18) years.

   (b) Aggravated stalking is a felony punishable as follows:

      (i) Except as provided in subparagraph (ii), by imprisonment in the custody of the Department of Corrections for not more than five (5) years and a fine of not more than Three Thousand Dollars ($ 3,000.00).

      (ii) If, at the time of the offense, the perpetrator was required to register as a sex offender pursuant to state, federal, military or tribal law, and the victim was under the age of eighteen (18) years, by imprisonment for not more than six (6) years in the custody of the Department of Corrections and a fine of Four Thousand Dollars ($ 4,000.00).

(3) Upon conviction, the sentencing court shall consider issuance of an order prohibiting the perpetrator from any contact with the victim. The duration of any order prohibiting contact with the victim shall be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim or another person.

(4) Every conviction of stalking or aggravated stalking may require as a condition of any suspended sentence or sentence of probation that the defendant, at his own expense, submit to psychiatric or psychological counseling or other such treatment or behavioral modification program deemed appropriate by the court.

(5) In any prosecution under this section, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted or that the perpetrator did not intend to cause the victim fear.

(6) When investigating allegations of a violation of this section, law enforcement officers shall utilize the Uniform Offense Report prescribed by the Office of the Attorney General in consultation with the sheriffs' and police chiefs' associations. However, failure of law enforcement to utilize the Uniform Offense Report shall in no way invalidate the crime charged under this section.

(7) For purposes of venue, any violation of this section shall be considered to have been committed in any county in which any single act was performed in furtherance of a violation of this section. An electronic communication shall be deemed to have been committed in any county from which the electronic communication is generated or in which it is received.

(8) For the purposes of this section:

   (a) "Course of conduct" means a pattern of conduct composed of a series of two (2) or more acts over a period of time, however short, evidencing a continuity of purpose and that would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property. Such acts may include, but are not limited to, the following or any combination thereof, whether done directly or indirectly: (i) following or confronting the other person in a public place or on private property against the other person's will; (ii) contacting the other person by telephone or mail, or by electronic mail or communication as defined in Section 97-45-1; or (iii) threatening or causing harm to the other person or a third party.

   (b) "Credible threat" means a verbal or written threat to cause harm to a specific person or to cause damage to property that would cause a reasonable person to fear for the safety of that person or damage to the property.

   (c) "Reasonable person" means a reasonable person in the victim's circumstances.

(9) The incarceration of a person at the time the threat is made shall not be a bar to prosecution under this section. Constitutionally protected activity is not prohibited by this section.

HISTORY: SOURCES: Laws, 1992, ch. 532, 1; Laws, 1996, ch. 326, 1; Laws, 2000, ch. 553, 1; Laws, 2006, ch. 583, 1; Laws, 2010, ch. 453, 1, eff from and after July 1, 2010.

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Miss. Code Ann. 99-19-84 (2011)


99-19-84. Electronic monitoring as condition of probation for offense requiring registration as a sex offender; rules and regulations


   Whenever probation is a part of a sentence prescribed for an offense for which registration as a sex offender is required under Title 45, Chapter 33, the court may include as a condition of probation that the sex offender be placed on electronic monitoring. The Department of Corrections shall promulgate rules and regulations for the implementation of electronic monitoring of sex offenders on probation.

HISTORY: SOURCES: Laws, 2006, ch. 566, 1, eff from and after July 1, 2007.

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