1. Who is required to register?
2. Which offenses require registration in Mississippi?
3. What is the registration process?
4. What information is required at the time of registration?
5. What is the time frame for registration?
6. What notifications are offenders required to provide?
7. What is the ninety (90) day reregistration and verification requirement?
8. What are the penalties for noncompliance?
9. If an offender relocates to another state, can he or she be removed from the MS Sex Offender Registry website?
10. Does Mississippi law restrict convicted sex offenders from residing near schools and day care facilities?

Who is required to register?

Any person who has been:
• convicted of any sex offense or attempted sex offense
• acquitted by reason of insanity for any sex offense or attempted sex offense
• adjudicated delinquent for any sex offense or attempted sex offense

that is a registrable offense in MS as defined in Ms. Code Ann.(MCA) Section 45-33-23(g).

This includes:
• juveniles convicted as adults and juveniles adjudicated delinquent in youth court for the following offense(s) that involve use of force against victim: rape, sexual battery or conspiracy, accessory or attempt to commit any of these offenses. Offenders under fourteen(14) years of age are not required to register
• temporary residents who abide, lodge, or reside in Mississippi for a period of seven (7) or more consecutive days in a place that is not their permanent residence
• nonresidents who work in Mississippi or practice a vocation for any period of time, either full-time or part-time
• students, employees, volunteers, tradesmen or professionals enrolled in any type of school in the state, whether on a full-time or part-time basis
• military personnel on assignment

Reference: MCA Section 45-33-25 (1) for definition of persons required to register as a sex offender in MS.

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Which offenses require registration in Mississippi?

• 97-3-53 Kidnapping, if the victim was below the age of eighteen (18)
• 97-3-65 Statutory rape
• 97-3-71 Rape and assault with intent to ravish
• 97-3-95 Sexual battery
• 97-5-5 Enticing a child for concealment, prostitution or marriage
• 97-5-23 Touching of a child, or a mentally defective, incapacitated or physically helpless person for lustful purposes
• 97-5-27 Dissemination of sexually oriented material to children; computer luring of minor to engage in sexual conduct
• 97-5-33 Exploitation of child
• 97-5-41 Carnal knowledge of stepchild, adopted child or child of a cohabiting partner
• 97-29-59 Unnatural intercourse
• 97-1-7 Attempt to commit any of the above-referenced offenses
• 97-29-3 Adultery or fornication between teacher and pupil
• 43-47-18 relating to sexual abuse of a vulnerable adult
• 97-3-54.1 (1)(c) Procuring sexual servitude of a minor
• 97-29-63 Filming another without permission where there is an expectation of privacy
• Any offense committed in another jurisdiction, which would be considered one of the above in MS
• Any offense committed in another jurisdiction for which registration is required in that jurisdiction
• Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in the statute

Reference: MCA Section 45-33-25(g) for the list of registrable crimes.

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What is the registration process?

Beginning July 1, 2005 and thereafter, registration is a two-part process:


1. Offender is required to report to a registering agency (sheriff, MS Department of Corrections (MDOC) or other responsible agency) to complete all required registration forms, be photographed, fingerprinted, and to submit a biological sample; AND
2. Offender is required to personally appear at any MS Department of Public Safety (MDPS) Drivers License station to continue the process of registration by submitting a copy of the completed Convicted Sex Offender Registration Form and paying an $11.00 registration fee. Thereby, the Offender is issued a sex offender photograph card, is also given the first 90-day registration date and is advised of the continuing requirement to verify registration information each 90-day re-registration period.

Reference: MCA Section 45-33-23(f) for definition of responsible agency and MCA Section 45-33-27 for registration process.

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What information is required at the time of registration?

1. Name, including a former name which has been legally changed;
2. Street address of all current permanent and temporary residences within state or out of state;
3. Date, place and address of employment;
4. Crime for which convicted;
5. Date and place of conviction, adjudication or acquittal by reason of insanity;
6. Aliases used;
7. Social security number;
8. Date and place of birth;
9. Age, race, sex, height, weight, and hair and eye colors, and any other physical description or identifying factors;
10. A brief description of the offense or offenses for which the registration is required;
11. Driver's license or state identification card number, which license or card may be electronically accessed by the Department of Public Safety;
12. Anticipated future residence;
13. 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;
14. Vehicle make, model, color and license tag number;
15. Offense history;
16. Photograph;
17. Fingerprints and palm prints;
18. Documentation of any treatment received for any mental abnormality or personality disorder of the person;
19. Biological sample;
20. 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, and the registrant's status;
21. Copy of conviction or sentencing order for the sex offense for which registration is required;
22. The offender's parole, probation or supervised release status and the existence of any outstanding arrest warrants;
23. Every online identity, screen name or username used, registered or created by a registrant; and
24. Any other information deemed necessary.

Reference: MCA Section 45-33-25(2) for registration with MDPS by providing registration information.

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What is the time frame for registration?

• Offenders who are convicted, adjudicated delinquent or acquitted by reason of insanity must register within 3 (three) business days of judgement unless immediately confined or committed.
• A person who is released from prison or placed on parole or supervised release must register before release and personally appear at a Driver’s License station within 3 days of release.
• A person placed on probation must register with the court at the time the order is entered and personally appear at a Driver’s License station within 3 days of entry of the order.
• A person who is not incarcerated, detained or committed at the time the duty to register is attached (to the person) must register with the sheriff of the county of residence within three (3) business days and personally appear at a Driver’s License station within 3 days of the time the requirement to register attaches.
• A person moving to or returning to this state from another jurisdiction must:
  1. Notify MDPS 10 days before the person first resides in or returns to a county in this state.
  2. Register with the sheriff of the county of residence within three (3) business days and personally appear at a Driver’s License station within 10 days of first residing in or moving to a county of MS.
• Any person (not confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness) 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 prior to July 1, 1995 must register with the sheriff of the county.
• Registration information collected by the registering agencies must be submitted to MDPS within 10 days.

Reference: MCA Section 45-33-27 for registration time frame for offenders.

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What notifications Are offenders required to provide?

• Offenders are required to report changes of address by personally appearing at a Driver’s License station no less than ten (10) days before first residing at the new address.
  Reference: MCA Section 45-33-29(1).
  
  
• Offenders are required to report changes in status of enrollment, employment, or vocation at any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education in MS by personally appearing at a Driver License station within three (3) business days of the change.
  Reference: MCA Section 45-33-29(2).
  
  
• Offenders are required to report any change of employment or change of name by personally appearing at a Drivers License station within three (3) business days of the change.
  Reference: MCA Section 45-33-29(3).
  
  
• A person convicted of a sex offense who volunteers for an organization in which volunteers have direct, private or unsupervised contact with minors shall notify the organization in writing of the person’s conviction prior to the time of volunteering.
  Reference: MCA Section 45-33-32.
  
  
• Any person convicted of a sex offense who is employed in any position or contracts with a person to provide personal services where the employment position or personal services contract will bring the person in 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. This applies to all sex offenders regardless of date of conviction.
  Reference: Section 7 SB2527 (2006).

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What is the ninety (90) day reregistration and verification requirement?

All registrants are required to personally appear at any Driver’s License station in the state to re-register every ninety (90) days. Offenders must be photographed, verify their residence street address and telephone number, and name, address and telephone number of the registrant’s employment, and status at a school.

The offender must pay an $11.00 fee and will be issued a new sex offender card. The card specifies the offender’s next 90-day re-registration date which he is required to report to the Driver’s License station. The offender is responsible for maintaining his reregistration. The MDPS does NOT send out any type of reminder or other notification regarding the offender’s 90-day re-registration requirement.

Reference: MCA Section 45-33-31 for 90-day reregistration and verification requirements.

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What are the penalties for noncompliance?

The failure of an offender to personally appear at a DPS driver’s license station or to provide any registration or other information including but not limited to initial registration, re-registration or change of address information, or required notification to a volunteer organization, or forgery of information, or submission of information under false pretenses is a violation of the law.

A violation is a felony punishable by a fine of not more than $5,000.00, or imprisonment in the state penitentiary for not more than five (5) years, or both fine and imprisonment. The offender’s driver’s license or privilege shall also be suspended for failure to comply with the duty to report, register or reregister.
Reference: MCA Section 45-33-33.

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, or in the county in which he was designated a sex offender.
Reference: MCA Section 45-33-33(6).

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If an offender relocates to another state, can he or she be removed from the MS Sex Offender Registry website?

The MS Department of Public Safety 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.
Reference: MCA Section 45-33-47)(2)(h).

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Does Mississippi law restrict convicted sex offenders from residing near schools and day care facilities?

Yes. Effective July 1, 2006, convicted sex offenders who are required to register in Mississippi are prohibited from residing within 3000 feet of the real property comprising a public or nonpublic elementary or secondary school or a childcare facility. Effective July 1, 2008, additional prohibited areas of residency were added which include: a residential child-caring agency, a children’s group care home or any playground, ball park or other recreational facility utilized by persons under the age of eighteen (18) years. However, the following exceptions are provided in the law:

If residence is within 3000 feet of a public or nonpublic elementary or secondary school or a childcare facility;


• This does not apply if the offender’s residence was established prior to July 1, 2006 or the school or facility is located after the offender established residency;
• This does not apply if the offender is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility that is located within 3000 feet of a school or facility;
• This does not apply if the offender is subject to an order of commitment under Title 41 MCA that places the offender in a facility or institution located within 3000 feet of a school or facility;
• This does not apply if you are a minor or ward under a guardianship.


If residence is within 3000 feet of the real property comprising a residential child-caring agency, a children’s group care home or any playground, ball park or other recreational facility utilized by persons under the age of eighteen (18) years;


• This does not apply if the offender established the subject residence prior to July 1, 2008, or the residential child-caring agency, children’s group care home or any playground, ball park or other recreational facility utilized by persons under the age of eighteen (18) years was established within 3000 feet of the person’s residence subsequent to the date the person established residency.
• This does not apply if the offender is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility that is located within 3000 feet of prohibited area.
• This does not apply if the offender is subject to an order of commitment under Title 41 MCA that places the offender in a facility or institution located within 3000 feet of prohibited area.
• This does not apply if you are a minor or ward under a guardianship located within 3000 feet of the prohibited area.

Reference: MCA Section 45-33-25(4) for complete text concerning residential restrictions.

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