Mississippi Child Abuse Laws

Mississippi child abuse laws create a complex legal framework that governs how the state identifies and responds to potential harm against children. Understanding these laws is essential to parents, legal guardians, and professionals who work with children.

If you need to report a suspected case of child abuse or are involved in a child abuse case, contact a Mississippi family law or criminal law attorney. They can help you understand your rights and obligations under state law.

This article provides an overview of child abuse laws in Mississippi. It also outlines the specific acts covered by the state’s criminal laws in this area and explains the potential penalties.

Overview of Child Abuse Laws in Mississippi

The following table outlines the criminal child abuse and mandatory reporting of child abuse laws in Mississippi. Below, we’ll explain these laws in further detail.

What is Considered Child Abuse and Neglect?

Mississippi state law considers emotional, physical, and sexual abuse committed against a minor as a form of child abuse. The Mississippi Code outlines the penalties for offenders while establishing the mandatory requirements.

Child Abuse

Under Mississippi Code § 43-21-105, child abuse encompasses several forms of maltreatment. It includes any of the following acts:

• Sexual abuse
• Sexual exploitation
• Commercial sexual exploitation
• Emotional abuse
• Mental injury
• Nonaccidental physical injury
• Other forms of maltreatment
• Human trafficking

The Code also identifies the individuals who can be perpetrators of child abuse. Under state law, child abuse occurs when one of the acts listed above is committed by:

• Parents
• Legal guardians
• Custodians
• Any person responsible for the child’s care or support
• Human traffickers (regardless of the relationship with the child)

The Code does provide an exception for physical discipline such as spanking. This is also called "corporal punishment." However, corporal punishment that causes bruising or other marks is generally not considered reasonable physical discipline under Mississippi child abuse laws.

Child Neglect

Mississippi Code § 43-21-105 defines "neglected child" comprehensively. It includes various situations where a child lacks proper care. Under this law, child neglect occurs when a parent, guardian, or custodian does not provide:

• Proper care, custody, support, or supervision
• Education as required by law
• Medical, surgical, or other necessary care for the child’s well-being
• Special care needed for their mental condition
• Necessary care for their health, morals, or well-being

But, Mississippi law does provide a religious exemption to medical treatment requirements. A parent has not committed child neglect if they choose to treat their child through spiritual means and:

• According to the practices of a recognized church or religion
• With guidance from an accredited practitioner

This exemption applies, in particular, to cases when medical treatment is withheld in good faith.

Child Abuse Crimes in Mississippi

Mississippi law categorizes child abuse crimes based on the nature and severity of the acts committed.

Felony Child Abuse

Felony child abuse covers several different types of conduct and resulting injuries.

First, intentionally, knowingly, or recklessly committing any of the following acts against a child, regardless of whether harm results, is considered felony child abuse:

• Burning
• Physical torture
• Strangling, choking, or smothering
• Poisoning
• Starving
• Using a deadly weapon

It is also felony child abuse to cause serious bodily harm to a child. This occurs when a person intentionally, knowingly, or recklessly does any of the following and causes serious bodily harm:

• Striking the child’s face or head
• Disfiguring or scarring
• Whipping, striking, or otherwise abusing

"Serious bodily harm" includes breaking bones, causing permanent disfigurement, scarring, internal bleeding, brain damage, and eye or ear injuries.

Causing some bodily harm to a child through any of the following intentional, knowing, or reckless acts also constitutes felony child abuse:

• Throwing, kicking, biting, or cutting
• Striking a child under 14 on the face or head with a closed fist
• Striking a child under five on the face or head
• Kicking, biting, cutting, or striking a child’s genitals (except for male circumcision)

Bodily harm includes bruising, bleeding, soft tissue, or internal organ swelling.

Misdemeanor Child Abuse and Neglect

Actions that fall under the state’s definition of abuse or neglect but do not rise to the level of felony abuse (discussed above) are charged as misdemeanors.

Child Endangerment

Mississippi’s child endangerment law is specific to drug-related activities. Child endangerment occurs if a parent/guardian endangers a child’s health or safety by allowing them to be present where drugs are being sold or manufactured.

The parent does not have to be the one selling or making the drugs. The law states that allowing the child to be present where any person is selling or manufacturing a controlled substance like heroin or cocaine is child endangerment.

Condoning Child Abuse

Under Mississippi Code § 97-5-40, knowingly condoning an incident of child abuse constitutes a criminal offense. However, failing to report is not considered condoning the abuse under this rule. "Condoning" typically involves allowing or accepting abusive behavior against the child.

Knowingly allowing continued physical or sexual abuse against a child can result in up to 10 years of imprisonment and a fine of up to $10,000, or both.

Criminal Penalties for Child Abuse

The penalties for child abuse in Mississippi vary based on the category of offense and the defendant’s criminal history. Mississippi Code § 97-5-39 establishes the legal framework for penalties for child abuse. The punishment generally escalates based on the severity of the offense.

Penalties for Misdemeanor Child Abuse and Neglect

Mississippi Code § 97-5-39(1)(a) states that general acts or omissions that contribute to child neglect or delinquency are misdemeanors. It is punishable by a fine not exceeding $1,000 or imprisonment of up to 1 year or both.

If the child neglect results in more serious harm to the child, the penalties increase. For deprivation of the child’s basic necessities such as clothing, shelter, or healthcare, it can result to up to five years of imprisonment and fine of up to $5,000.

Felony Child Abuse Penalties

Felony child abuse carries serious penalties in Mississippi. Jail time varies depending on the specific acts committed (discussed in more detail above) and the harm done to the child.

At a minimum, a felony child abuse conviction results in at least two years in prison. If there is serious bodily harm or conduct such as physical torture, the sentence increases to up to ten years.

A second or subsequent felony child abuse conviction comes with a mandatory life sentence.

Child Endangerment Penalties

The penalty for drug-related child endangerment is up to ten years in prison and a fine of up to $10,000. This penalty increases to up to 20 years and a fine of up to $20,000 if the endangerment results to substantial harm to the child.

Defenses Against Child Abuse Charges

The same general defenses are available in child abuse cases as other criminal cases, such as innocence or lack of evidence. State law also provides other defenses, such as reasonable corporal punishment or discipline by a parent or guardian, which is lawful in Mississippi. But this is not a defense to a child abuse charge if the child suffers serious bodily harm.

For offenders with mental illness, the court can suspend the sentence while the defendant receives treatment. However, this option is only available one time.

Mandatory Reporting in Mississippi

States often identify certain professionals who regularly interact with children as "mandatory reporters." These people have a legal obligation to report suspected cases of child abuse or neglect.

Mississippi state law requires any person who has reasonable cause to suspect a child is being abused or neglected to report it to the Department of Human Services (DHS).

The law also specifically lists the following people as mandatory reporters:

• Healthcare professionals such as doctors, dentists and nurses
• Mental health professionals such as psychologists or counselors
• Social workers
• Child caregivers
• Attorneys
• Ministers
• Law enforcement officers
• School employees

DHS does not disclose the identity of reporters when they inform parents of complaints or allegations made against them. But, they might be identified as a witness later in legal proceedings.

If you wish to remain anonymous when reporting child abuse, contact the department’s Centralized Intake at 800-222-8000.

As always, if anyone is at immediate risk of injury, call 911 or your local law enforcement agency.

Where to Find Help

If you suspect that a child is experiencing abuse or neglect, do not hesitate to take action. Call the Mississippi Department of Child Protection Services at 1-800-222-8000. You can also make a report online.

For legal advice related to cases of child abuse, contact a Mississippi family law or criminal defense attorney. Whether you are reporting a case of abuse or facing allegations, an attorney can help you navigate these complex legal matters.