Mississippi Age of Consent Laws: Statutes, Penalties and Reporting

Mississippi's general age-based sexual offenses, statutory rape (Miss. Code Ann. 97-3-65) and sexual battery (97-3-95), protect children under 16 through tiers defined by age and age difference, and other statutes protect persons under 18 in positions of trust, in a household or family relationship, and in commercial sexual activity.

To report a concern: if a child is in immediate danger, call 911. The Mississippi Department of Child Protection Services states on its official page that a report may be made to the hotline, 1-800-222-8000, a statewide, toll-free 24-hour line answered seven days a week. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Mississippi's criminal statutes on sexual offenses involving minors, mainly Title 97, chapters 3, 5 and 29 of the Mississippi Code, and the sex offender registration chapter. Federal law is summarized on the age of consent laws by state hub. The text of these statutes below was checked against the 2025 Mississippi Code as published by Justia and the Legislature's 2026 bill texts on 2026-09-30; the official Mississippi Code could not be opened directly for this check.

This page describes the main age-based sexual offense statutes. Other Mississippi statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Mississippi law protects minors by age

Mississippi's two general offenses are statutory rape and sexual battery. Each is tiered by the child's age and by the number of months separating the child and the actor. The two sections use the same age differences.

Under 14

Section 97-3-65(1)(b) provides that statutory rape is committed when a person of any age has sexual intercourse with a child who is under 14 and is 24 or more months younger than the person. Section 97-3-95(1)(d) makes sexual penetration with a child under 14 sexual battery where the person is 24 or more months older than the child. Section 97-3-65(2) states that "neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape."

Ages 14 and 15

Under section 97-3-65(1)(a), statutory rape is committed when a person 17 years of age or older has sexual intercourse with a child at least 14 but under 16 who is 36 or more months younger than the person. Section 97-3-95(1)(c) makes sexual penetration with a child at least 14 but under 16 sexual battery where the person is 36 or more months older than the child.

Positions of trust or authority, through age 17

Section 97-3-95(2) provides that a person is guilty of sexual battery if he or she engages in sexual penetration with a child under 18 "if the person is in a position of trust or authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach." The list is not exhaustive, and the subsection has no age-difference element.

Other Mississippi offenses that protect minors

The sections below are separate from statutory rape and sexual battery. Several of them reach persons of any age under 18, and several have no age-difference element.

• Touching a child for lustful purposes. Section 97-5-23(1) makes it a felony for a person above 18 to handle, touch or rub, for the purpose of gratifying lust, a child under 16 "with or without the child's consent." Subsection (2) reaches a person above 18 who occupies a position of trust or authority over a child under 18 who is younger than that person, using the same list of roles as 97-3-95(2). The penalty is a fine of $1,000 to $5,000 or 2 to 15 years in the custody of the Department of Corrections, or both, and up to 20 years for a second conviction (subsection (3)).
• Grooming of a child. Section 97-5-32 applies to a person over 21 who knowingly engages in a pattern of conduct or communication to gain access to, prepare, persuade, induce or coerce a child under 16 to engage in sexually explicit conduct or human trafficking or to procure sexual servitude of a child. It is a felony punishable by 2 to 10 years or a fine of up to $10,000, or both; 5 to 10 years or up to $20,000 where the person is 18 or older and holds a position of trust or authority; and 10 to 20 years or up to $30,000 for a subsequent offense or an initial offense by a registered sex offender. The section was enacted by Laws 2025, chapter 495, effective July 1, 2025.
• Carnal knowledge of a stepchild, adopted child or a cohabiting partner's child. Section 97-5-41 covers carnal knowledge of a stepchild or adopted child who is younger than the person and over 14 and under 18, and of a child younger than the person and over 14 and under 18 whose parent the person is cohabiting with. The penalty is imprisonment for up to 10 years.
• Teacher and pupil. Section 97-29-3 addresses sexual intercourse between a teacher and a pupil under 18 of that teacher. It sets a fine of up to $500 and, for the teacher, imprisonment of 3 to 6 months. Registration under 45-33-47 lists this section in Tier One.
• Exploitation of children. Section 97-5-33 prohibits causing or soliciting a child to engage in sexually explicit conduct for a visual depiction, recording such conduct, sending, receiving, distributing or possessing depictions, and enticing or soliciting a child to meet or to produce a depiction. "Child" in this chapter means an individual under 18. Under section 97-5-35, a violation is a felony punishable by 5 to 40 years and a fine of $50,000 to $500,000.
• Sexually oriented material and computer luring. Section 97-5-27 makes disseminating sexually oriented material to a person under 18 a misdemeanor, and computer luring of a person under 18 into sexual contact or a sexual performance a felony punishable by up to 3 years and a fine of up to $10,000.
• Commercial sexual activity. Section 97-29-51 provides that where the person whose services are procured or promoted is a minor under 18, the conviction is a felony punishable by 5 to 30 years or a fine of $50,000 to $500,000, or both, and that consent of a minor is not a defense. Section 97-3-54.1(1)(c) makes procuring sexual servitude of a minor punishable by 20 years to life or a fine of $50,000 to $500,000, or both.
• Enticing a child under 14. Section 97-5-5 covers leading or enticing away a child under 14 for the purpose of prostitution, among other purposes, and is punishable by 2 to 10 years or a fine of up to $10,000, or both.
• Permitting the sexual abuse of a child. Under section 97-5-39(1), a parent, legal guardian or other person who knowingly permits the continuing physical or sexual abuse of a child under 18 may be sentenced to up to 10 years or a fine of up to $10,000, or both.
• Incest. Section 97-29-5 addresses sexual conduct between persons within the degrees of relationship prohibited by law, and is punishable by imprisonment for up to 10 years. It has no age element.

How the age differences work

In sections 97-3-65 and 97-3-95, the 24-month and 36-month differences, and the requirement that the actor be 17 or older for statutory rape of a child of 14 or 15, are written into the definitions of the offenses. They are elements, and they are not separate defenses. The touching offense in 97-5-23(1), the grooming offense in 97-5-32 and the position-of-trust provisions state their own age or role elements and do not use those age differences.

Two provisions affect only grading or registration and do not change whether an offense has been committed. Section 97-3-101 sets lower maximum sentences where a person of at least 18 but under 21 is convicted under 97-3-95(1)(c), and section 45-33-23 states that a conviction under 97-3-65(1)(a) or 97-3-95(1)(c) where the offender was 18 or younger at the time of the alleged offense is not a registrable sex offense.

Penalties

Penalties are set by subsection and by the actor's age.

Sex offender registration

Section 45-33-47 divides registrable offenses into three tiers. Tier Three requires lifetime registration, and the listed offenses include 97-3-65 (rape), 97-3-95 (sexual battery), 97-5-5, 97-5-23, 97-5-41, 97-5-33(1) and (2), and 97-3-54.1(1)(c). Tier Two requires a minimum of 25 years and includes 97-5-33(3) through (9). Tier One requires a minimum of 15 years and includes 97-5-27(1) and 97-29-3. The section also provides that an offender 21 or older convicted of any sex offense where the victim was 14 or younger is subject to lifetime registration, and that a second registrable conviction generally leads to a higher tier or lifetime registration. As noted above, section 45-33-23 states a carve-out for certain convictions under 97-3-65(1)(a) and 97-3-95(1)(c) where the offender was 18 or younger. Grooming under 97-5-32, enacted in 2025, is not among the sections listed in 45-33-23 or in the tiers of 45-33-47.

Recent changes

Two 2026 acts amend section 97-3-101 (sentencing) effective July 1, 2026, and both were approved by the Governor on April 8, 2026. House Bill 525 provides that a person convicted of sexual battery under 97-3-95(2) is committed to the custody of the Department of Corrections for not less than 5 nor more than 30 years, and for a second or subsequent such offense not less than 10 nor more than 40 years. Senate Bill 2821 adds subsection (5): a person 18 or older convicted of sexual battery upon, or of an attempt that injures the sexual organs of, a person less than 12 commits a capital felony, punishable under section 99-19-101 and a new separate sentencing procedure. The two acts amend different subsections: HB 525 changes subsection (1), and SB 2821 adds a new subsection (5); their texts of the remaining sentencing subsections are the same. The Legislature's history pages list HB 525 as chapter 446 and SB 2821 as chapter 500 of the 2026 Regular Session.

Bills that would have added a further tier for persons 16 and 17 where the actor is 24 or older, including 2026 Senate Bill 2074, are shown on the Legislature's history pages as dead. The age tiers in 97-3-65 and 97-3-95 were not changed by any enacted 2026 act found in this check, although a bill not searched could have done so.

How to report

If a child is in immediate danger, call 911. The Mississippi Department of Child Protection Services states on its official page that a report may be made to the hotline, 1-800-222-8000. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about Mississippi criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Mississippi.

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Frequently Asked Questions

Where can the text of the Mississippi statutes on this page be found?

The official Mississippi Code is maintained by LexisNexis for the Legislature, and it could not be opened directly for this check. The consolidated text used here is the 2025 Mississippi Code as published by Justia, cross-checked against the reprints of sections 97-3-65 and 97-3-95 in the Legislature's own 2026 bill texts and the 2026 code-section history pages.

Does the protection differ for persons in positions of trust or authority?

Yes. Under section 97-3-95(2) and section 97-5-23(2), a person in a position of trust or authority is covered through age 17, and the statutes list roles such as teacher, counselor, minister, coach, parent and stepparent without limiting the list.

What does the 36-month or 24-month difference in the statutes measure?

Sections 97-3-65(1) and 97-3-95(1) state that the child must be 24 or more months younger than the person (under 14) or 36 or more months younger (ages 14 and 15). These differences are elements written into the offenses.