MississippiSB 28212026 Regular SessionSenate

Capital sexual battery; create crime of.

Sponsored By: Jeremy England (Republican)

Signed by Governor

Judiciary BJudiciary, Division B

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Death penalty for child sexual battery cases

Beginning July 1, 2026, sexual battery of a child under 12 by an adult 18+ is a capital crime. After a guilty verdict, a separate hearing decides between death or life without parole. Prosecutors must give notice within 45 days after arraignment if they seek death and list aggravating factors. Anyone sentenced to life for this offense is ineligible for parole under an amended statute that takes effect July 1, 2026 and is repealed July 1, 2027. Death sentences get automatic review by the Mississippi Supreme Court. The law also defines "sexual organs" to guide charges and rulings.

Faster protection order entry and arrests

Beginning July 1, 2026, clerks must enter all civil and criminal domestic abuse and sexual assault protection orders into the state registry within 24 hours. They must give a copy to the sheriff’s TAC officer, and qualifying orders go automatically to the national NCIC file. An order is still valid even if a clerk fails to enter it. Information that would reveal a protected person’s identity or location is not public; law enforcement, prosecutors, and courts can access it to enforce orders. If an officer has probable cause that a domestic violence act or a protection‑order violation happened in the last 24 hours, the officer must make an arrest, with or without a warrant.

Post-conviction protection orders and penalties

Beginning July 1, 2026, after a conviction for this offense, the court can issue a criminal sexual assault protection order that bars contact with the victim. The order must last at least two years after the sentence and supervision end. Courts must use the Attorney General’s standard form. Clerks must enter the order in the state registry within 24 hours and give copies to both sides. Knowingly violating the order is a misdemeanor with up to a $500 fine or six months in jail, and the court can add one year to the order for each violation. Any jail time for a violation runs after other sentences.

Sponsors & Cosponsors

Sponsor

Jeremy England
Republican • Senate

Cosponsors

Joseph M. Seymour
Republican • Senate
Daniel H. Sparks
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 275 • No: 42

House vote • 3/31/2026

Conference Report Adopted

Yes: 104 • No: 1

Senate vote • 3/31/2026

Conference Report Adopted

Yes: 33 • No: 14

House vote • 3/10/2026

Passed As Amended

Yes: 99 • No: 14

Senate vote • 2/11/2026