MISS. CODE § 97-29-49(4) (2023).
- Mississippi law limits the crime of prostitution to adults 18 or older.
- If a law enforcement officer encounters a minor under the age of 18 and has “reasonable cause to suspect that the minor has engaged in prostitution,” the officer may take the minor into emergency custody and must contact the Department of Child Protection Services.
- If the person suspected of or charged with engaging in prostitution is under the age of 18, the provisions of Section 97-3-54 shall apply (provisions on human trafficking).
- Under those provisions, a minor who has been identified as a victim of trafficking shall not be liable for criminal activity in violation of this section (Section 97-3-54.1(4)).
MISS. CODE § 97-3-54.1(5)(a)-(b) (2023).
- Provides that minors under 18 engaged in commercial sexual activity are immune from prosecution for prostitution and are instead treated as abused or neglected children.
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MISS. CODE § 97-3-54.6(5) (2020).
- At any time after a conviction under this act, the court in which the conviction was entered may, upon appropriate motion, vacate the conviction if the court finds the defendant’s participation in the offense was the result of being a victim of sex trafficking.
- Official documentation from a federal, state or local government agency as to the defendant’s status as a victim of sex trafficking at the time of the offense creates a presumption that the defendant’s participation in the offense was a result of being a victim, but official documentation is not required to grant the motion.
Additional Resources
MISS. CODE § 43-21-105 (2016).
- Expanded the definition of “abused child” to include minors involved in commercial sexual exploitation, ensuring they receive appropriate protective services.
