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Mississippi Laws
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Miss. Code Ann. § 45-33-23 (2006)§ 45-33-23. Definitions
For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Conviction" shall mean that, regarding the person's offense, there has been a determination or judgment of guilt as a result of a trialor the entry of a plea of guilty or nolo contendere regardless of whether adjudication is withheld. "Conviction of similar offenses" includes, but is not limited to, a conviction by a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian Reservation or other federal property, and a conviction in any state of the United States.
(b) "Jurisdiction" shall mean any state court, federal court, military court or Indian tribunal.
(c) "Permanent residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more consecutive days.
(d) "Registration" means providing information to the appropriate agency within the time frame specified as required by this chapter.
(e) "Registration duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints, and biological sample of the registrant. Biological samples are to be forwarded to the State Crime Laboratory pursuant to Section 45-33-37; the photograph, fingerprints and other registration information are to be forwarded to the Department of Public Safety within ten (10) days of registration.
(f) "Responsible agency" is defined as the person or government entity whose duty it is to obtain information from a criminal sex offender upon conviction and to transmit that information to the Mississippi Department of Public Safety.
(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For a sex offender in the custody of youth court, the responsible agency is the youth court.
(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of said facility shall notify the Department of Public Safety prior to the offender's release.
(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another state and who is to reside in this state, the responsible agency is the Department of Public Safety.
(g) "Sex offense" means any of the following offenses:
(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);
(ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1) (a) on or after July 1, 1998, when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1) (c) on or after July 1, 1998, when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(v) Section 97-5-5 relating to enticing child for concealment, prostitution or marriage;
(vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(viii) Section 97-5-33 relating to the exploitation of children;
(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(x) Section 97-29-59 relating to unnatural intercourse;
(xi) Section 97-1-7 relating to attempt to commit any of the above-referenced offenses;
(xii) Section 97-29-3 relating to adultery or fornication between teacher and pupil;
(xiii) Section 43-47-18 relating to sexual abuse of a vulnerable adult;
(xiv) Section 97-3-54.1(1)(c), relating to procuring sexual servitude of a minor;
(xv) Any other offense resulting in a conviction in another jurisdiction, whether state, federal or military, which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(xvi) Any offense resulting in a conviction in another jurisdiction, whether state, federal or military, for which registration is required in the jurisdiction where the conviction was had.
(h) "Temporary residence" is defined as a place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person's permanent address; for a person whose permanent residence is not in this state, the place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in the state; or a place where a person routinely abides, lodges or resides for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.
(i) "Department" unless otherwise specified is defined as the Mississippi Department of Public Safety.
Miss. Code Ann. § 45-33-25 (2006)
§ 45-33-25. Registration with Mississippi Department of Public
Safety of all convicted sex offenders residing in the state; registration
information; prohibition against registered sex offenders living within certain
distance of school or day care center
(1) Any person residing
in this state who has been convicted of any sex offense or attempted sex offense
or who has been acquitted by reason of insanity for any sex offense or attempted
sex offense or twice adjudicated delinquent for any sex offense or attempted sex
offense shall register with the Mississippi Department of Public Safety.
Registration shall not be required for an offense that is not a registrable sex
offense. The department shall provide the initial registration information as
well as every change of address to the sheriff of the county of the residence
address of the registrant through either written notice, electronic or telephone
transmissions, or online access to registration information. Further, the
department shall provide this information to the Federal Bureau of
Investigation. Additionally, upon notification by the registrant that he intends
to reside outside the State of Mississippi, the department shall notify the
appropriate state law enforcement agency of any state to which a registrant is
moving or has moved.
(2) Any person required to register under this
chapter shall submit the following information at the time of
registration:
(a) Name, including a former name which has been
legally changed;
(b) Street address of any permanent residence and
of any current temporary residence within state or out of
state;
(c) Date and place of employment;
(d) Crime for
which convicted;
(e) Date and place of conviction, adjudication or
acquittal by reason of insanity;
(f) Aliases
used;
(g) Social security number;
(h) Date and place of
birth;
(i) Age, race, sex, height, weight, and hair and eye
colors;
(j) A brief description of the offense or offenses for which
the registration is required;
(k) Identifying factors;
(
l) Anticipated future residence;
(m) If the registrant's
residence is a motor vehicle, trailer, mobile home or manufactured home, the
registrant shall also provide vehicle identification number, license tag number,
registration number and a description, including color scheme, of the motor
vehicle, trailer, mobile home or manufactured home; if the registrant's place of
residence is a vessel or houseboat, the registrant shall also provide the hull
identification number, manufacturer's serial number, name of the vessel or
houseboat, registration number and a description, including color scheme, of the
vessel or houseboat;
(n) Vehicle make, model, color and license tag
number;
(o) Offense
history;
(p) Photograph;
(q) Fingerprints;
(r) Documentation
of any treatment received for any mental abnormality or personality disorder of
the person;
(s) Biological sample;
(t) Name of any
public or private educational institution, including any secondary school, trade
or professional institution or institution of higher education at which the
offender is employed, carries on a vocation (with or without compensation) or is
enrolled as a student, and the registrant's status;
(u) Copy of
conviction or sentencing order for the sex offense for which registration is
required; and
(v) Any other information deemed
necessary.
(3) For purposes of this chapter, a person is considered to
be residing in this state if he maintains a permanent or temporary residence as
defined in Section 45-33-23, including students, temporary employees and
military personnel on assignment.
(4) (a) A person required to register
under this chapter shall not reside within one thousand five hundred (1,500)
feet of the real property comprising a public or nonpublic elementary or
secondary school or a child care facility.
(b) A person residing
within one thousand five hundred (1,500) feet of the real property comprising a
public or nonpublic elementary or secondary school or a child care facility does
not commit a violation of this subsection if any of the following
apply:
(i) The person is serving a sentence at a jail, prison,
juvenile facility or other correctional institution or
facility.
(ii) The person is subject to an order of commitment
under Title 41, Mississippi Code of 1972.
(iii) The person
established the subject residence prior to July 1, 2006, or the school or child
care facility is located within one thousand five hundred (1,500) feet of the
school or child care facility subsequent to the date the person established
residency.
(iv) The person is a minor or a ward under a
guardianship.
