As Amended
SEC. 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 trial or 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 duties" means obtaining the registration information required on the form specified by the department as well as the photograph, fingerprints, and blood sample of the registrant. Blood 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 three (3) days.
(e) "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.
(f) "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;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery;
(v) Section 97-5-23 relating to the touching of a child for lustful purposes;
(vi) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(vii) Section 97-5-33 relating to the exploitation of children;
(viii) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(ix) Section 97-29-59 relating to unnatural intercourse;
(x) Any other offense committed in another jurisdiction, which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere; or
(xi) Any offense committed in another state for which registration is required in that state.
(g) "Sexual predator" means a person who has been convicted of a sex offense or offenses as described in Section 45-33-45 and who has been designated as a sexual predator according to the terms of that section.
(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.
SOURCE: Added by Laws 2000, Ch. 499, Sec. 2, SB2797, eff. July 1, 2000.