sex offender registration

In Mississippi, the sex offender registration system is tier-based, primarily following federal standards under the Adam Walsh Child Protection and Safety Act (SORNA), but with some state-specific adaptations. The Mississippi Sex Offender Registration Law classifies offenders into three tiers based on the severity of the offense and perceived risk of reoffending.

(2)A person required to register for a registrable sex offense under Section 45-33-25 may petition the circuit court of the sentencing jurisdiction, or for a person whose duty to register arose in another jurisdiction, the county in which the registrant resides, to be relieved of that duty under the following conditions:(a)The offender has maintained his registration in Mississippi for the required minimum registration from the most recent date of occurrence of at least one (1) of the following: release from prison, placement on parole, supervised release or probation or as determined by the offender’s tier classification. Incarceration for any offense will restart the minimum registration requirement. Registration in any other jurisdiction does not reduce the minimum time requirement for maintaining registration in Mississippi.

Lowest level of offense.

(i)Tier One requires registration for a minimum of fifteen (15) years in this state and includes any of the following listed registrable sex offenses:1.Section 97-5-27(1) relating to dissemination of sexually oriented material to children;
2.Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
3.Section 97-29-3 relating to misdemeanor sexual intercourse between teacher and student;
4.Section 97-29-45(1)(a) relating to obscene electronic communication;
5.Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
6.Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier;
7.Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had, although registration would not be otherwise required in this state.

(ii)Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon fifteen (15) years’ satisfaction of the requirements of this section for the convictions classified as Tier One offenses.

Moderate level of offense.

(i) Tier Two requires registration for a minimum of twenty-five (25) years in this state and includes any of the following listed registrable sex offenses:1.Section 97-5-33(3) through (9) relating to the exploitation of children;
2.Section 97-29-59 relating to unnatural intercourse;
3.Section 97-29-63, relating to filming another without permission where there is an expectation of privacy;
4.Section 97-3-104 relating to crime of sexual activity between law enforcement or correctional personnel and prisoners;
5.Section 43-47-18(2)(a) and (b) relating to gratification of lust or fondling by health care employees or persons in position of trust or authority;
6.Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier;
7.Any conviction for violation of a similar law of another jurisdiction of any offense listed in this tier; or
8.Any conviction of a Tier One offense if it is the offender’s second or subsequent conviction of a registrable sex offense;

(ii)Notwithstanding any other provision of this chapter, an offender may petition the appropriate circuit court to be relieved of the duty to register upon twenty-five (25) years’ satisfaction of the requirements of this section for the convictions classified as Tier Two offenses.

Highest level, for the most serious offenses.

(d) Tier Three. — Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this section, and includes any of the following listed registrable sex offenses:(i)Section 97-3-65 relating to rape;
(ii)Section 97-3-71 relating to rape and assault with intent to ravish;
(iii)Section 97-3-95 relating to sexual battery;
(iv)Subsection (1) or (2) of Section 97-5-33 relating to the exploitation of children;
(v)Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi)Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(vii)Section 97-3-53 relating to kidnapping if the victim is under the age of eighteen (18);
(viii)Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;
(ix)Section 97-3-54.3 relating to aiding, abetting or conspiring to violate antihuman trafficking provisions;
(x)Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(xi)Section 43-47-18 relating to sexual abuse of a vulnerable person by health care employees or persons in a position of trust or authority;
(xii)Section 97-5-39(1)(c) relating to contributing to the neglect or delinquency of a child, felonious abuse and/or battery of a child, if the victim was sexually abused;
(xiii)Capital murder when one (1) of the above described offenses is the underlying crime;
(xiv)Any conviction for violation of a similar law of another jurisdiction or designation as a sexual predator in another jurisdiction;
(xv)Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this tier; or
(xvi)Any conviction of a Tier Two offense if it is the offender’s second or subsequent conviction of a registrable sex offense.

• Offenders must register in-person every 90 days (Tier III), biannually (Tier II), or annually (Tier I) depending on their tier.
• Mississippi requires registration even if the offender moves from another state and was required to register there.
• Failure to register or update information is a felony.

§ 45-33-33. Failure to register; reregister or comply with electronic monitoring; violations of chapter; penalties and enforcement.

The failure of an offender to personally appear at a facility designated by the Department of Public Safety, or in a manner of the Department of Public Safety’s choosing, including by electronic means, or to provide any registration or other information, including, but not limited to, initial registration, reregistration, change of address information, change of employment, change of name, required notification to a volunteer organization or any other registration duty or submission of information required by this chapter is a violation of this chapter. Additionally, forgery of information or submission of information under false pretenses, whether by the registrant or another person, is also a violation of this chapter.

(b) A person commits a violation of this chapter who:

(i) Knowingly harbors, or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this chapter;(ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or(iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.

(c) A registrant who is required to submit to electronic monitoring who does not comply with all the terms and conditions of the electronic monitoring commits a violation of this chapter.

(2)

(a) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both fine and imprisonment.(b) A person who is required to register under this chapter who is subsequently convicted for a registration violation under this section, upon release from incarceration, shall submit to mandatory electronic monitoring under the program established under Section 45-33-45 for a period computed by subtracting the time the person spent in actual incarceration from the five-year maximum imprisonment for the offense and the period of post-release monitoring shall not be suspended or reduced by the court or the Department of Corrections.

(3) Whenever it appears that an offender has failed to comply with the duty to register, reregister or submit to electronic monitoring, the department shall promptly notify the sheriff of the county of the last-known address of the offender as well as the sheriff of the county of the last-known location of the offender, if different. Upon notification, the sheriff shall attempt to locate the offender at his last-known address or last-known location.

(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter, including initiation of prosecution if appropriate. The sheriff shall then notify the department with the current information regarding the offender.(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register, reregister or comply with electronic monitoring. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation’s wanted-person database and issue a warrant for the offender’s arrest. The department shall notify the United States Marshals Service of the offender’s noncompliant status and shall update the registry database and website to show the defendant’s noncompliant status as an absconder.

(4) A violation of this chapter shall result in the arrest of the offender.(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.(6) A person required to register under this chapter who commits any act or omission in violation of this chapter may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sex offender, the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register, the county in which he was designated a sex offender, or the county in which the sex offender was found.

(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver’s license or driving privilege of any offender failing to comply with the duty to report, register or reregister, submit to monitoring, or who has provided false information.(8) When a person required to register under this chapter is accused of any registration offense under this section, pretrial release on bond shall be conditioned on the offender’s submission to electronic monitoring under the program established under Section 45-33-45.