Mississippi legislation · 2026 Regular Session
Mississippi SB2821: Capital sexual battery; create crime of.
Status: Signed into law, April 8, 2026
AN ACT TO REQUIRE A SEPARATE PROCEEDING ON THE ISSUE OF A PENALTY FOR THE CRIME OF CAPITAL SEXUAL BATTERY; TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF CAPITAL SEXUAL BATTERY; TO AUTHORIZE THE DEATH PENALTY; TO PROVIDE THAT IF THE DEATH PENALTY IS NOT IMPOSED UNDER THIS ACT, THEN LIFE IMPRISONMENT WITHOUT PAROLE SHALL BE IMPOSED; TO AMEND SECTIONS 47-7-3, 93-21-25 AND 99-3-7, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
What the bill says
An act to require a separate proceeding on the issue of a penalty for the crime of capital sexual battery; to amend section 97-3-101, mississippi code of 1972, to create the crime of capital sexual battery; to authorize the death penalty; to provide that if the death penalty is not imposed under this act, then life imprisonment without parole shall be imposed; to amend sections 47-7-3, 93-21-25 and 99-3-7, mississippi code of 1972, to conform; and for related purposes.
From the enrolled text, April 6, 2026:
AN ACT TO REQUIRE A SEPARATE PROCEEDING ON THE ISSUE OF A PENALTY FOR THE CRIME OF CAPITAL SEXUAL BATTERY; TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF CAPITAL SEXUAL BATTERY; TO AUTHORIZE THE DEATH PENALTY; TO PROVIDE THAT IF THE DEATH PENALTY IS NOT IMPOSED UNDER THIS ACT, THEN LIFE IMPRISONMENT WITHOUT PAROLE SHALL BE IMPOSED; TO AMEND SECTIONS 47-7-3, 93-21-25 AND 99-3-7, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) Intent. (a) The Legislature finds that a person who commits a sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than twelve (12) years of age carries a great risk of death and danger to vulnerable members of this state. Such crimes destroy the innocence of a young child and violate all standards of decency held by civilized society. (b) It is the intent of the Legislature that the procedure in this section shall be followed, and a prosecutor must file notice as provided in Section 97-3-101(5) if the prosecutor intends to seek the death penalty. *SS26/R919SG* S. B. No. 2821 ~ OFFICIAL ~ G1/2 26/SS26/R919SG PAGE (2) Separate proceedings on issue of penalty. Upon conviction or …
Sponsors
- England, Jeremy (R, 51) · primary sponsor
- Seymour, Joseph M. (R, 47)
- Sparks, Daniel H. (R, 5)
Latest actions
- : Approved by Governor
- : Enrolled Bill Signed
- : Motion to Reconsider Tabled
- : Motion to Reconsider Entered
- : Conference Report Adopted
- : Conference Report Filed
- : Conferees Named Horan,Owen,McLean
- : Conferees Named Fillingane,Sparks,England
- : Decline to Concur/Invite Conf
- : Returned For Concurrence
Votes
- Conference Report Adopted (March 31, 2026): 33 yea, 14 nay, passed
- Conference Report Adopted (March 31, 2026): 104 yea, 1 nay, passed
- Passed As Amended (March 10, 2026): 99 yea, 14 nay, passed
- Passed As Amended (February 11, 2026): 39 yea, 13 nay, passed
Subjects: Capital sexual battery
Common questions
- What is SB2821?
- SB2821 is a bill in the Mississippi Legislature (2026 Regular Session): Capital sexual battery; create crime of.
- What does SB2821 do?
- In its own words: An act to require a separate proceeding on the issue of a penalty for the crime of capital sexual battery; to amend section 97-3-101, mississippi code of 1972, to create the crime of capital sexual battery; to authorize the death penalty; to provide that if the death penalty is not imposed under this act, then life imprisonment without parole shall be imposed; to amend sections 47-7-3, 93-21-25 and 99-3-7, mississippi code of 1972, to conform; and for related purposes.
- What is the status of SB2821?
- Signed into law as of April 8, 2026. Latest action: Approved by Governor (April 8, 2026).
- Who sponsored SB2821?
- England, Jeremy (R, 51), with 2 co-sponsors.
- Where is the official record for SB2821?
- On the Mississippi Legislature website: http://billstatus.ls.state.ms.us/2026/pdf/history/SB/SB2821.xml
Source: official Mississippi record. Tracked by Delilah, AI for legislation across all 50 states and Congress.