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Mississippi Legislature· HB 1131Approved by Governor (Chapter 376)

Prostitution; revise penalties for procurement of., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary B

By: Representative Ford (73rd)

House Bill 1131

(As Sent to Governor)

AN ACT TO AMEND SECTION 97-29-51, MISSISSIPPI CODE OF 1972,
TO REVISE THE PENALTY FOR PROCURING PROSTITUTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
97-29-51, Mississippi Code of 1972, is amended as follows:

97-29-51.  (1)  (a)  A
person commits the misdemeanor of procuring the services of a prostitute if the
person knowingly or intentionally pays, or offers or agrees to pay, money or
other property to another person for having engaged in, or on the understanding
that the other person will engage in, sexual intercourse or sexual conduct with
the person or with any other person.  "Sexual conduct" includes
cunnilingus, fellatio, masturbation of another, anal intercourse or the causing
of penetration to any extent and with any object or body part of the genital or
anal opening of another.

(b)  Upon conviction
under this subsection, a person shall be punished by a fine not exceeding * * * Two Hundred Dollars ($200.00) One Thousand
Dollars ($1,000.00) or by confinement in the county jail for not more than
six (6) months, or both.  A second or subsequent violation of this section
shall be a felony, punishable by a fine not exceeding * * * One Thousand Dollars ($1,000.00) Two
Thousand Dollars ($2,000.00), or by imprisonment in the custody of the
Department of Corrections for not more than two (2) years, or both.  Any
person convicted under the provisions of this paragraph, shall also serve one
hundred (100) hours of community service.

(c)  However, in all
cases, if the person whose services are procured in violation of this
subsection (1) is a minor under eighteen (18) years of age, the person
convicted shall be guilty of a felony and shall, upon conviction, be punished
by  imprisonment for not less than five (5) years, nor more than thirty (30)
years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor
more than Five Hundred Thousand Dollars ($500,000.00), or both.

(d)  Consent of a minor
is not a defense to prosecution under this subsection (1).

(2)  (a)  A person commits
the felony of promoting prostitution if the person:

(i)  Knowingly or
intentionally entices, compels, causes, induces, persuades, or encourages by
promise, threat, violence, or by scheme or device, another person to become a
prostitute, engage in conduct in violation of Section 97-29-49, regardless of
whether the other person can be or is arrested for, charged with or convicted
of the offense of prostitution;

(ii)  Knowingly or
intentionally solicits or offers or agrees to solicit, or receives or gives, or
agrees to receive or give any money or thing of value for soliciting, or
attempting to solicit, another person for the purpose of prostitution;

(iii)  Knowingly
induces, persuades, or encourages a person to come into or leave this state for
the purpose of prostitution;

(iv)  Having
control over the use of a place or vehicle, knowingly or intentionally permits
another person to use the place or vehicle for prostitution;

(v)  Accepts,
receives, levies or appropriates money or other property of value from a
prostitute, without lawful consideration, with knowledge or reasonable cause to
know it was earned, in whole or in part, from prostitution; or

(vi)  Conducts,
directs, takes, or transports, or offers or agrees to take or transport, or
aids or assists in transporting, any person to any vehicle, conveyance, place,
structure, or building, or to any other person with knowledge or reasonable
cause to know that the purpose of such directing, taking or transporting is
prostitution.

(b)  Upon conviction, a
person shall be punished by a fine not exceeding Five Thousand Dollars
($5,000.00) or by imprisonment in the custody of the Department of Corrections
for not more than ten (10) years, or both.  A second or subsequent violation
shall be punished by a fine not exceeding Twenty Thousand Dollars ($20,000.00)
or by imprisonment in the custody of the Department of Corrections for up to
twenty (20) years, or both.

(c)  However, in all
cases, if the person whose services are promoted in violation of this
subsection (2) is a minor under eighteen (18) years of age, the person
convicted shall be guilty of a felony and shall, upon conviction, be punished
by imprisonment for not less than five (5) years, nor more than thirty (30)
years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor
more than Five Hundred Thousand Dollars ($500,000.00), or both.  There is no
requirement that the defendant have actual knowledge of the age of the person,
and consent of a minor is not a defense to prosecution under this section.

(3)  If it is determined
that a person suspected of or charged with promoting prostitution is a
trafficked person, as defined by Section 97-3-54.4, that fact shall be
considered a mitigating factor in any prosecution of that person for
prostitution, and the person shall be referred to appropriate resources for
assistance.  If it is determined that a person suspected of or charged with
promoting prostitution is a minor under eighteen (18) years of age who meets
the definition of a trafficked person as defined in Section 97-3-54.4, the
minor is immune from prosecution for promoting prostitution as a juvenile or
adult and provisions of Section 97-3-54.1(4) shall be applicable.

(4)  Any partnership,
association, corporation or other entity violating any provision of subsection
(2) against the promotion of prostitution shall, upon conviction, be punished
by a fine not exceeding Fifty Thousand Dollars ($50,000.00).  If the person
whose services are promoted is under eighteen (18) years of age, the
partnership, association, corporation or other legal entity convicted shall be
punished by a fine not exceeding One Million Dollars ($1,000,000.00).  There is
no requirement that the defendant have knowledge of the age of the person.
Consent of a minor is not a defense to prosecution under this section.

(5)  Investigation and
prosecution of a person, partnership, association, corporation or other entity
under this section shall not preclude investigation or prosecution against that
person, partnership, association, corporation or other entity for a violation
of other applicable criminal laws, including, but not limited to, the
Mississippi Human Trafficking Act, Section 97-3-54 et seq.

SECTION 2.  This act shall take effect and be in force
from and after July 1, 2026.
Every fact on this page links to its source, starting with the official bill record.