Mississippi Sex Offender Records

What is a Sex Offender?

Any person that the courts have tried and convicted of a sex offense is a sex offender. There are different types of sex offenses; states and other jurisdictions have varying definitions and classifications for sex offenses. Most jurisdictions classify sex offenses according to the severity and assess penalties accordingly. Nevertheless, sex offenses are uniformly considered serious offenses and are penalized harshly. Most sex offenses result in heavy fines in addition to imprisonment.

Sex offenders face other consequences apart from fines and prison terms. A most notable consequence of sex offense is registration, which results in the offender’s name, address, and other personal details being published online. Another typical consequence is strict restrictions on career and residence options for the offender. In Mississippi and other jurisdictions, sex offenders may also have to deal with strained social relationships and lifelong stigma.

Who is Considered a Sex Offender in Mississippi?

Mississippi laws do not directly define the term “sex offender,” however, Miss. Code Ann. § 45-33-25 offers a guideline to persons required to register as sex offenders in the state. Persons who must register as sex offenders include:

• Persons that the court convict of sex-related crimes or attempts to commit sex-related crimes
• Persons that the court acquits of sex-related crimes or attempts to commit sex-related crimes due to insanity
• Persons adjudicated delinquent for committing sex-related crimes or attempting to commit sex-related crimes.

These laws apply to registrable offenses in the state. It also applies to the following persons:

• Persons who live temporarily in Mississippi for at least seven (7) consecutive days
• Military personnel on assignment
• Persons enrolled in part-time or full-time studies in any type of school in Mississippi.
• Non-residents who work part-time or full-time in Mississippi
• Juveniles (at least 14 years old) adjudicated convicted for sexual battery, rape, accessory, conspiracy, or any offense that involves the use of force against the victim.

Examples of registrable offenses in Mississippi include:

• Unnatural intercourse
• Statutory rape
• Kidnapping a minor
• Sexual battery
• The exploitation of a child

What are the Different Types of Sex Offenses in Mississippi?

In Mississippi’s criminal code, sex offenses are classified as offenses against the person, crimes against public morals and decency, and offenses affecting children. The following are some types of sex offenses in Mississippi.

Statutory rape: there are many instances in which statutory rape can occur. One of these instances is when a person who is at least 17 years old has sexual intercourse with:

• A minor between ages 14 and 16
• A person who is at least three (3) years younger than the perpetrator

Statutory rape can also occur if a person of any age has sexual intercourse with a minor not up to14 years old or a person who is at least two (2) years younger than the perpetrator and the perpetrator is not married to the person. The penalty for statutory rape depends on the perpetrator’s age and the presence of aggravating factors, including the administration of any substance that renders the victim weak or unable to resist.

• Suppose a perpetrator between ages 18 and 21 has sexual intercourse with a person between ages 14 and 16 or a person who is at least three (3) years younger. In that case, the penalty is a fine of up to $5,000, imprisonment for at least five (5) years, or both.
• If a perpetrator at least 21 years old has sexual intercourse with a person between ages 14 and 16 or a person who is at least three (3) years younger, the penalty is a fine of up to $10,000, imprisonment for up to 30 years, or both fines and imprisonment. The maximum prison term for a subsequent offense is 40 years.
• If a perpetrator at least 18 years old has sexual intercourse with a person younger than 14 or who is two (2) years younger than the perpetrator, the penalty is imprisonment for 20 years to life.
• Suppose a perpetrator between ages 13 and 18 has sexual intercourse with a person younger than 14 who is at least two (2) years younger than the perpetrator. In that case, the court may determine the applicable fine or prison term.
• If a perpetrator has sexual intercourse, whether forcible or otherwise, by administering a substance that renders the victim unable to resist, the penalty is imprisonment for life. If a jury does not fix the penalty, the court may exercise discretion in determining the appropriate sentence.

Sexual battery: if a person engages in sexual penetration with another person without the person’s consent, the person commits sexual battery. A person also commits sexual battery if the person engages in sexual penetration with a physically helpless, mentally defective, or mentally incapacitated person. State laws define a physically helpless person as anyone who is unconscious or cannot otherwise communicate dissent. A mentally defective person is anyone who suffers from a mental condition that renders the person incapable of knowing what the person is doing. According to state laws, a mentally incapacitated person cannot control their actions or resist an act because of drugs or narcotics, or other substances that a perpetrator administers without the victim’s consent.

Priests, physical therapists, counselors, teachers, physicians, parents, aunts, uncles, coaches, scout leaders, grandparents, and other persons in positions of authority over a child who engage in sexual penetration with children less than 18 years old commit sexual battery (Miss. Code Ann. § 97-3-95).

Other conditions for sexual battery include:

• Sexual intercourse with a child between 14 and 16 years old, where the perpetrator is at least three (3) years older than the child
• Sexual intercourse with a child under 14 years old, where the perpetrator is at least two (2) years older than the child

According to Miss. Code Ann. § 97-3-101, the penalty for sexual battery is imprisonment for up to 30 years. Subsequent offenses attract prison terms of up to 40 years. Other sexual battery sentences are as follows:

• Suppose a person between ages 18 and 21 engages in sexual conduct with a child between ages 14 and 16, and the perpetrator is at least three (3) years older than the child. In that case, the penalty is up to $5,000 in fines, imprisonment for up to five (5) years, or both a fine and imprisonment.
• Suppose a person who is 21 or older engages in sexual conduct with a child between ages 14 and 16, and the perpetrator is at least three (3) years older than the child. In that case, the penalty is up to $10,000 in fines, imprisonment for up to 30 years, or both a fine and imprisonment. Subsequent offenses result in prison terms of up to 40 years.
• If a person who is 18 or older engages in sexual conduct with a child younger than 14 and the perpetrator is at least two (2) years older than the child, the penalty is imprisonment for 20 years to life.
• The court exercises discretion in determining the appropriate sentence for persons between ages 13 and 18 who are convicted of sexual battery.

Obscene electronic communications: if a person suggests, requests, proposes, or comments obscene electronic communication to threaten, harass, or abuse another party, the person is guilty of obscene electronic communications. Miss. Code Ann. § 97-29-45 lists all other definitions of obscene electronic communication related to harassment, threats, or deliberate disturbances. The penalty for sex-related obscene electronic communication is imprisonment for up to six (6) months, a fine of up to $500, or both imprisonment and fines. A second offense within five (5) years attracts prison terms of up to 1 year, a fine of up to $1,000. A third or subsequent offense within a space of five (5) years is a felony, penalized by fines of up to $2,000, prison terms of up to two (2) years, or both imprisonment and fines.

Prostitution: Miss. Code Ann. § 97-29-49 states that if any person aged 18 or older willfully engages in or agrees to engage in sexual intercourse with another person in exchange for money or other property, the person commits prostitution. In Mississippi, prostitution is a misdemeanor, punishable by imprisonment in county jail for up to six (6) months, a fine of up to $200, or both imprisonment and fine.

Voyeurism: if a person enters a property and peeps through a window or another opening to spy on the occupants of the property for indecent and lewd purposes, the person commits voyeurism, regardless of whether the person entered the property legally. Miss. Code Ann. § 97-29-61 also states that if a person peeps at another person using any instrument, including cameras, binoculars, drones, mobile phones, periscopes, and telescopes to invade the person’s privacy, without the person’s consent, for spying or lewd purposes, the perpetrator commits a felony.

If the voyeur is at least 21 years old at the time of the conviction, the penalty is to be held in the custody of the Department of Corrections (DOC) for up to five (5) years. If more than one perpetrator aged 21 or older spies on a child less than 16 years old, the penalty is custody for at least ten (10) years.

Photographing or filming without permission: filming, photographing, videotaping, or otherwise reproducing another person’s images without the person’s permission in a place where the person may be undressed or would expect privacy is a felony. As provided by Miss. Code Ann. § 97-29-63, it is also a felony to invade another person’s privacy with an indecent or lewd intent to record, film, or photograph another person. This includes recording through or under the person’s clothes to view the person’s underwear or clothes without the person’s knowledge or permission, especially where the person can reasonably expect privacy. Violations of this law result in fines of up to $5,000, imprisonment for up to five years in the custody of the DOC, or both. If the victim is less than 16 years old and the perpetrator is older than 21 at the time of the offense, the perpetrator may be held in DOC’s custody for up to ten (10) years.

Adultery and fornication between a teacher and a pupil: if a teacher engages in sexual intercourse with a student younger than 18 when both parties are not married to each other, both parties may be fined up to $500. The teacher may receive an additional penalty of imprisonment for three (3) to six (6) months (Miss. Code Ann. § 97-29-3).

Adultery and fornication between a guardian and a ward: if a guardian engages in sexual intercourse with a ward when both parties are not married to each other, both parties may be fined up to $500. The guardian may receive an additional penalty of imprisonment for three (3) to six (6) months (Miss. Code Ann. § 97-29-7).

Sexual activity between certain individuals and incarcerated persons: guards, jailers, constables, marshalls, employees of the DOC, other employees or officers of correctional facilities or law enforcement agencies may not engage in sexual acts with an incarcerated person, with or without the incarcerated person’s consent. This law also applies to persons on parole, probation, or any form of correctional or post-release supervision.

Additionally, Miss. Code Ann. § 97-3-104 makes it clear that civilians who have custodial or supervisory authority over offenders incarcerated in any correctional facility may not engage in sexual acts with the incarcerated persons, even with consent. Any violation of this law is a felony and may result in fines of up to $5,000, imprisonment for up to five (5) years, or both imprisonment and fines.

Touching a physically helpless or mentally defective person: if a person older than 18 should touch, handle, or rub, with hands, any object or any other body part, a child under 16 with or without consent to indulge in sexual desires or gratify lusts, the person commits a felony. Additionally, if a person older than 18 should touch, handle, or rub a physically helpless, mentally defective, or mentally incapacitated person, the person commits a felony.

This offense’s penalty is a fine between $1,000 and $5,000 incarceration in the DOC’s custody for two (2) to 15 years. The court may also decide to assess both imprisonment and fines. This penalty also applies if the victim is a child under 18, the perpetrator is older than and occupies a position of authority over the victim, and the perpetrator and victim are not married. A second conviction of this offense may result in imprisonment for up to 20 years (Miss. Code Ann. § 97-5-23).

The above listed are only some of the sex offenses in Mississippi. The state’s criminal code contains comprehensive definitions of and penalties for sex offenses in the state. Interested parties may consult criminal defense attorneys for a better understanding of sex offenses and state sentencing guidelines.

What Types of Sex Offenders Exist in Mississippi?

Mississippi’s tier system categorizes sex offenders by the severity of the offenders’ crimes and the level of risk the offenders pose to society. Each tier of offenders has different registration requirements.

Tier 1 sex offenders: these are low-risk offenders. The law requires Tier 1 sex offenders to register for at least 15 years in Mississippi, after which the offender may petition the court for relief from registration requirements (Miss. Code Ann. § 45-33-47). Offenses in this category include the commission, attempt, conviction, or conspiracy to commit any of the following offenses:

• Misdemeanor sexual intercourse between a teacher and a student
• Distributing sexually oriented materials to children
• Obscene electronic communication
• Voyeurism when the victim is less than 16 years old

Tier 2 sex offenders: typically, Tier 2 sex offenders are intermediate risk offenders. According to Miss. Code Ann. § 45-33-47, offenders in this category must register for at least 25 years, after which the offenders petition the court for relief from registration requirements. Offenses in this category include the commission, conviction, conspiracy, or attempt to commit any of the following:

• Unnatural intercourse
• Sexual activity between a law enforcement officer and a prisoner
• Filming another person without permission
• Fondling or lust gratification by health care employees or other persons in positions of authority or trust
• Exploitation of children

Tier 3 sex offenders: this is the highest risk category. Tier 3 sex offenders must register for life and may not petition the court for relief from registration requirements. This category includes sex offenses against children and violent sex crimes such as rape and sexual battery.

How to Find a Sex Offender Near Me in Mississippi

According to Miss. Code Ann. § 45-33-49, law enforcement agencies must release relevant sex offender information to the public. The Mississippi Department of Public Safety (MDPS) maintains a public registry where interested parties may search for search offenders in particular localities. The MDPS compiles and updates state-wide sex offender information regularly, so users can be sure to find updated information on the website. Interested parties may register for community notification on the sex registry website. This will allow registered parties to receive notification emails when a sex offender lives, attends school, or works in the parties’ community.

Persons interested in finding sex offenders may also contact the sheriff in the requesting party’s county of residence. Counties like Jackson County provide an offender lookup tool that helps interested parties find sex offenders in their area. Additionally, Jackson County provides a list of sex offenders. Victims of sex offenses may opt to receive notifications for any of the listed offenders.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

• The full name on the record of choice
• The last known or current address of the named individual
• The address of the requestor

What Happens When You Register as a Sex Offender in Mississippi?

Apart from fines and imprisonment, sex offenders suffer civil consequences. For example, sex offenders must register within three (3) days of the court’s sentence, except the offenders are incarcerated. If an offender is incarcerated or on supervised probation, the offender must register within three (3) days of release from prison or probation. Also, sex offenders must report every change in residential address, school, or place of employment to the MDPS within three (3) days of the change. If a sex offender moves from another jurisdiction to Mississippi, the offender must notify the Department of Public Safety at least ten (10) days before the move.

Sex offender registration leads to strict restrictions on where the offender can live, work, or even loiter. In Mississippi, sex offenders must re-register every 90 days with the Department of Public Safety. Offenders in the electronic monitoring program must register every year.

Failure to comply with registration requirements may result in arrest, fines of up to $5,000, and imprisonment for up to five (5) years.

What is the Mississippi Sex Offender Registry?

The Mississippi Sex Offender Registry contains information about registered sex offenders in the State of Mississippi. The Mississippi Sex Offenders Registration Law requires registration of all individuals convicted of sexual offenses in the Mississippi Department of Public Safety database. Only convicted persons are registered in the database, people who have been charged for sexual offenses but not convicted are not required to register. Offenders may be searched by name, specific address, or zip code.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

• The full name on the record of choice
• The last known or current address of the named individual
• The address of the requestor

Who Runs the Mississippi Sex Offender Registry?

The Mississippi sex offender registry is maintained by the Mississippi Department of Public Safety (MDPS). The MDPS compiles information from the justice agencies and representatives. The database is updated regularly. However, information available on the database may contain errors as they were provided by the convicted offender. For questions regarding the MDPS sex offender database, contact

Department of Public Safety Sex Offender Registry
P.O. Box 958
Jackson, MS 39205
Phone: (601) 987-1540
msor@mdps.state.ms.us

Who Can View the Mississippi Sex Offender Registry?

Anyone may search through the MDPS database. The MDPS also provides registration information to law enforcement, Human Services, prosecutor offices, schools, and public agencies in the county or jurisdiction of a sex offender. The MDPS also provides registration information to Human Services and the offender’s probation office.

Convicted sex offenders are not permitted to access the Administrative Office of Courts’ youth court data management system.

What are the Sex Offender Laws in Mississippi?

Registration of sex offenders and distribution of sex offender information is governed by the Mississippi Sex Offender Law. The sex offender registration law protects the public from sex offenders and aims to reduce the rate at which sex offenders re-offend.

Convicted sex offenders who have just been released from jail are required to register their information with the Department of Safety within 3 days of release. Offenders on probation are required to register immediately after their last sentence.

All offenders in Mississippi are required to re-register with the Department of Safety every 90 days. The sex offender law does not permit registered sex offenders to own, operate, work for, or volunteer at a childcare service. Offenders are prohibited from residing within 1500 feet of a public or non-public elementary or secondary school or childcare facility.

Offenders from other states who are planning to live or work in Mississippi must notify the Department of Public Safety 10 days before entering the state. Upon entering, they must register their information at the Department of Safety. Some of the information collected on offenders include name, address, employment information, crime committed, photographs, fingerprint, social security number, driver’s licence or ID number, and vehicle identification number.

Do Sex Offenders Have to Notify Neighbors in Mississippi?

Sex offenders located in Mississippi are not required to notify their neighbors of their crimes. An offender who is released from jail must register with the MS Department of Corrections at the time of release or at the local Sheriff’s office within 3 days of release. Offenders must also register with the MDPS and be issued a sex offender card. Upon change of the information provided by an offender, offenders must appear in person to notify the MDPS. The information which warrants an appearance include

1. Address change: Offenders are required to appear at an MDPS Driver License Station not less than 10 days before he moves to the new address.
2. Changes in employment or enrollment in an educational institution: Offenders must appear at an MDPS Driver License Station within 3 days of changing employment or enrollment in any public or private educational institution.
3. Change in vehicle information: offenders must report changes in vehicle information through a form provided by the DPS
4. Changes in telephone communications or electronic addresses: offenders must report changes in any designations used in internet communications within 3 days of the change.

Do Sex Offenders Have to Put Up a Sign in Their Yard in Mississippi?

Sex offenders in Mississippi do not have to put up a sign in their yard. However, members of a community may sign up for electronic alerts to be notified when an offender registers a home, work, or school address within a specific address of importance. Residents may also utilize the geographical search to look up offenders within 1-3 miles of a particular address.

How Close Can a Sex Offender Live to a School in Mississippi?

Effective July 1, 2006, offenders registered in the state of Mississippi are not permitted to reside within 3000 feet of a public or private elementary or secondary school or a childcare facility. Sex offenders are also not permitted to reside within 3000 feet of a residential child-caring agency, a children group care or playground, park, or recreational facility for children under 18 years of age. The following are exceptions to this law

• Offenders whose residence was established prior to July 1, 2006, or if the school was established after the offender established residency in an area.
• Offenders serving a sentence at a correctional facility located within 3000 feet of a school
• An offender subject to an order of commitment which places him/her in a facility located 3000 feet from a school
• Offenders who are minors or wards under a guardianship

How to Look Up Sex Offenders in Mississippi

The Mississippi Department of Public Safety provides an up-to-date online registry of sex offenders registered in Mississippi. Residents may also submit a written request to the MDPS to obtain information about a particular offender. Information that may be requested includes name, address, photograph, employment information, crime committed, personal information.

Mississippi Sex Offender Name Search

Requesters may search for offenders by their first name and/or last name. Each name search displays the picture, aliases, and residence of an offender.

Mississippi Sex Offender Map Search

Residents may use the geographical search to look up offenders within 1-3 miles of a particular location. Users may search by street, city, or state. The website allows for searches by zip code or county.

Can You Expunge a Sex Offender Charge in Mississippi?

Only juvenile criminal history information that has been sealed by order of the court may be expunged. Persons who have been required to register as sex offenders may not be permitted to expunge their records (Section 45-33-55).

Persons convicted of Tier 1 and Tier 2 offenses may petition for relief of duty to register after completing the minimum duration of their registration. Offenders who relocate to other jurisdictions or states will remain on the sex offender record.

Is Public Urination a Sex Offense in Mississippi?

Public urination constitutes indecent exposure which is a misdemeanor in the state of Mississippi. First-time offenses for public urination may be punishable by up to 6 months or a fine not exceeding $500. Offenders convicted for a second time within 5 years may be imprisoned for up to 1 year or be fined up to $1000. Offenders convicted for a third time within 5 years shall be guilty of a felony and may be imprisoned for not more than 5 years in the state penitentiary or be fined up to $5000.

What is Indecent Exposure in Mississippi?

Indecent exposure is defined as willfully and lewdly exposing one’s body or private part in any public place or place where others are present, or making another person do the same. (Section 97-29-31).

How to Report a Sex Offender in Mississippi

Members of the public may report an offender's sexual offenses or attempted offenses to the local authority or to the Mississippi Department of Public Safety via email, mail, or telephone. Contact the DPS at:

Department of Public Safety Sex Offender Registry
Post Office Box 958
Jackson, MS 39205
Phone: (601) 368-1740
Email: msor@mdps.state.ms.us

Sex offenders are mandated to report their information or any change in information to the Department of Public Safety.