Mississippi Sex Laws
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Last update: 9/7/2014
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MISSISSIPPI CODE of 1972
Current through the 2013 Regular Session and 1st and 2nd Extraordinary Sessions
TITLE
97. CRIMES
CHAPTER 29. CRIMES AGAINST PUBLIC MORALS AND DECENCY
IN GENERAL
§ 97-29-1. Adultery and fornication; unlawful cohabitation
If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly as husband and wife, but it may be proved by circumstances which show habitual sexual intercourse.
HISTORY: SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 1(58); 1857, ch. 64, art. 8; 1871, § 2486; 1880, § 2700; 1892, § 953; 1906, § 1029; Hemingway's 1917, § 754; 1930, § 772; 1942, § 1998.
TITLE 97. CRIMES
CHAPTER 29. CRIMES AGAINST PUBLIC MORALS AND DECENCY
OBSCENE MATERIALS, PERFORMANCES AND DEVICES
§ 97-29-105. Distribution or wholesale distribution of unlawful sexual devices; prosecutor's bond
A person commits the offense of distributing unlawful sexual devices when he knowingly sells, advertises, publishes or exhibits to any person any three-dimensional device designed or marketed as useful primarily for the stimulation of human genital organs, or offers to do so, or possesses such devices with the intent to do so. A person commits the offense of wholesale distributing unlawful sexual devices when he distributes for the purpose of resale any three-dimensional device designed or marketed as useful primarily for the stimulation of human genital organs, or offers to do so, or possesses such devices with the intent to do so.
Any person, other than a city attorney, county prosecuting attorney or district attorney, who shall sign an affidavit charging an offense prescribed by this section shall file a bond in the amount of five hundred dollars ($ 500.00) at the time such affidavit is lodged. Such bond shall be conditioned that the affidavit was not filed frivolously, maliciously or out of ill will.
HISTORY: SOURCES: Laws, 1983, ch. 498, § 3, eff from and after July 1, 1983.
TITLE 97. CRIMES
CHAPTER 29. CRIMES AGAINST PUBLIC MORALS AND DECENCY
IN GENERAL
§ 97-29-11. Illegitimate children; person becoming natural parent of second illegitimate child; jurisdiction
(1) If any person, who shall have previously become the natural parent of an illegitimate child within or without this state by coition within or without this state, shall again become the natural parent of an illegitimate child born within this state, he or she shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days or by a fine of not more than Two Hundred Fifty Dollars ($ 250.00), or both. A subsequent conviction hereunder shall be punishable by imprisonment in the county jail for not less than three (3) months nor more than six (6) months or by a fine of not more than Five Hundred Dollars ($ 500.00), or both. Provided, however, that for the purpose of this section, multiple births shall be construed to be the birth of one (1) child.
(2) The circuit court of the county in which said illegitimate child is born shall have jurisdiction of any action brought under this section. No male person shall be convicted solely on the uncorroborated testimony of the female person giving birth to the child.
HISTORY: SOURCES: Codes, 1942, § 2018.6; Laws, 1964, ch. 341, §§ 1-3(Para.Para. 1-3); Laws, 2004, ch. 399, § 1, eff from and after July 1, 2004.
TITLE 97. CRIMES
CHAPTER 29. CRIMES AGAINST PUBLIC MORALS AND DECENCY
IN GENERAL
§ 97-29-59. Unnatural intercourse
Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the penitentiary for a term of not more than ten years.
HISTORY: SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 7(20); 1857, ch. 64, art. 238; 1871, § 2701; 1880, § 2968; 1892, § 1321; 1906, § 1396; Hemingway's 1917, § 1139; 1930, § 1170; 1942, § 2413.
Five Strange Mississippi Laws
http://crime.answers.com/law-enforcement/five-strange-mississippi-laws
Like most states, Mississippi has its share of strange laws. Some of these laws are simply moral codes passed in the early 20th century that have never been taken off the books. For instance, it is illegal for an unmarried couple to have sex while living together. It is also illegal to teach another person the art of polygamy. However, some laws, such as the one prohibiting shining a laser beam on a police officer are obviously more recent additions and raise the question of what happened to call for them to be passed. Below are some laws that will boggle your mind.
Having Two Illegitimate Children is Illegal
According to Section 97-29-11 any person who has a second illegitimate child within Mississippi "shall be guilty of a misdemeanor." The punishment is not less 30 and not more than 90 days and/or a $250 fine. You may wonder how the issue of twins and multiple births are handled. According to Mississippi law, "multiple births shall be construed to be the birth of one (1) child."
Forbidden Intercourse
One of the more salacious laws on record, and the more confusing, forbids "unnatural intercourse." According to Section 97-29-59, "Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the penitentiary for a term of not more than ten years." This law raises the question of how Mississippi defines "unnatural intercourse." In fact, this has been a subject of debate in the legal system itself with the Mississippi Supreme Court ruling in 1937 that cunnilingus was not a "crime against nature." A later ruling in 1955, in State v Davis, found that fellatio was an offense worth of prosecution.
With so many laws regarding sex offenses, Mississippi must find it hard to keep track of who is doing what. That is why in 1987 the state enacted the "Sex Offense Criminal History Record Information Act," which created a central registry of people in state who had been convicted of sex crimes. However, the act regarded even consensual sodomy as an offense and allowed private employers to request information on individuals.
According to Section 97-29-105 "distribution or wholesale distribution of unlawful sexual devices" is unlawful. Although it is illegal to sell sex toys, the Jackson, Miss., police department issued this statement following a sting in 2008: "The adult store is not a priority for our vice and narcotics officers. We will do the best we can. Citizens would rather see us using our resources to get drugs and prostitutes off our streets and work to decrease violent crime."
One law passed more than 100 years ago states "If any man shall obtain carnal knowledge of any woman by virtue of any false or feigned promise of marriage, he shall, upon conviction, be imprisoned in the penitentiary not more than five years." However, recorded opinion shows that the law has not been prosecuted in more than 50 years.
The number of strange laws in Mississippi, and other states, still in existence may make you wonder why some of these have not been repealed. While many of the statutes regarding morality are from as far back as the 19th century and you may note that in most cases, such as the law prohibiting false promises of marriage, are not prosecuted there is still call for some of these laws. According to the Washington Blade, an LBGT newspaper based in Washington, D.C., citizens of one small town in Mississippi petitioned as recently as 1994 to have the sodomy law enforced. It would be advisable for any visitors to Mississippi to mind their manners and morals.
Mississippi Constitution, Article 14, Section 263A
Marriage may take place and may be valid under the laws of this State only between a man and a woman. A marriage in another State or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this State and is void and unenforceable under the laws of this State.
Mississippi Code § 93-1-1. Certain marriages declared incestuous and void.
(2) Any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.