Capital Sexual Battery Crime Creation and Death Penalty Authorization
Summary
Mississippi Governor signed SB2821 into law on April 6, 2026, creating the new crime of capital sexual battery and authorizing the death penalty. The bill requires separate penalty proceedings and mandates life imprisonment without parole if death penalty is not imposed. The legislation amends Sections 97-3-101, 47-7-3, 93-21-25, and 99-3-7 of the Mississippi Code.
What changed
Mississippi SB2821 creates a new crime of capital sexual battery under Section 97-3-101 of the Mississippi Code, authorizing the death penalty upon conviction. The statute mandates a separate proceeding to determine penalty and specifies that life imprisonment without parole shall be imposed if the death penalty is not awarded. The bill also amends Sections 47-7-3 (parole eligibility), 93-21-25, and 99-3-7 (judicial procedures) to conform to the new provisions.
Law enforcement agencies and prosecutors' offices should update charging procedures and penalty phase protocols to address this new capital offense. Defense attorneys representing clients charged under this statute must prepare for bifurcated proceedings. The bill passed the Senate 39-13 and House 99-14 before conference committee adoption.
What to do next
- Update charging documents to reflect new capital sexual battery offense under Section 97-3-101
- Prepare penalty phase procedures for capital sexual battery cases requiring separate proceeding
- Review and update parole eligibility determinations under amended Section 47-7-3
Penalties
Death penalty or life imprisonment without parole for capital sexual battery conviction
Source document (simplified)
ChangeBridge / Mississippi / SB2821 Signed by Governor SB2821 Senate Bill Signed by Governor 2026-04-06
Capital sexual battery; create crime of.
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.
Bill Details
State Mississippi
Session 2026 Regular Session
Chamber Senate
Official Source billstatus.ls.state.ms.us/2026/pdf/history...
LegiScan View on LegiScan
Sponsors
Jeremy England (Sen - R) Joseph Seymour (Sen - R) Daniel Sparks (Sen - R)
Action History
2026-04-06 H Enrolled Bill Signed 2026-04-06 S Enrolled Bill Signed 2026-04-01 S Motion to Reconsider Tabled 2026-03-31 S Motion to Reconsider Entered 2026-03-31 S Conference Report Adopted 2026-03-31 H Conference Report Adopted 2026-03-30 S Conference Report Filed 2026-03-30 H Conference Report Filed 2026-03-23 H Conferees Named Horan,Owen,McLean 2026-03-17 S Conferees Named Fillingane,Sparks,England 2026-03-16 S Decline to Concur/Invite Conf 2026-03-11 H Returned For Concurrence 2026-03-10 H Passed As Amended 2026-03-10 H Amended 2026-03-02 H Title Suff Do Pass As Amended 2026-02-16 H Referred To Judiciary B 2026-02-16 S Transmitted To House 2026-02-11 S Passed As Amended 2026-02-11 S Amended 2026-02-03 S Title Suff Do Pass 2026-01-19 S Referred To Judiciary, Division B
Votes
2026-02-11 Senate Passed As Amended Yea: 39 Nay: 13 2026-03-10 House Passed As Amended Yea: 99 Nay: 14 2026-03-31 House Conference Report Adopted Yea: 104 Nay: 1 2026-03-31 Senate Conference Report Adopted Yea: 33 Nay: 14
Committee Referrals
2026-01-19 S Judiciary, Division B 2026-02-16 H Judiciary B
Amendments
0000-00-00 Senate Amendment No 1 Adopted 0000-00-00 House Committee Amendment No 1
Bill Text Versions
2026-01-23 Introduced 2026-02-16 Engrossed 2026-04-06 Enrolled Legislative data powered by LegiScan (CC BY 4.0)
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