State Guide

Age of Consent in Mississippi

A plain-English guide to the age of consent in Mississippi, cited to Miss. Code § 97-3-65. Unusually, Mississippi’s close-in-age allowance extends even to victims under 14.

Close-in-age allowance at both age tiers

Mississippi at a glance

The core figures from this guide, in one place.

Quick reference for Mississippi age of consent law.
Age of consent16
Governing statuteMiss. Code § 97-3-65 (Statutory Rape)
Close-in-age mechanism, victim 14–15Not covered below 36 months
Close-in-age mechanism, victim under 14Not covered below 24 months
Related offenseSexual battery, position of trust — Miss. Code § 97-3-95

Overview

Mississippi sets its age of consent at 16. Miss. Code Section 97-3-65 defines statutory rape with two separate age-and-gap tiers, and unusually, both tiers include a genuine close-in-age allowance, including the tier covering the youngest victims.

This guide also found a 2024 bill introduced in the Mississippi Legislature that would add a new offense for sexual activity with a 16 or 17 year old where the offender is 24 or older. As of this guide’s research, this remains a proposed bill, not enacted law, and this guide does not treat it as current.

Close-in-age rules in Mississippi

Both age tiers under Section 97-3-65 include a genuine gap threshold:

  • Victim 14 or 15: not covered unless the offender is 17 or older and at least 36 months older.
  • Victim under 14: not covered unless the offender is at least 24 months older, regardless of the offender’s own age.
This is unusual among the states in this guide. Most states that build a close-in-age allowance into their youngest-victim tier still require some minimum offender age; Mississippi’s under-14 tier is keyed purely to the 24-month gap, without a separate offender-age floor.

Exceptions and defenses

Sexual battery under Section 97-3-95 addresses a victim under 18 where the offender holds a position of trust or authority, a role the statute defines broadly to include teachers, counselors, physicians, clergy, legal guardians, parents, and coaches, among others. This provision does not depend on the close-in-age allowance described above and can apply regardless of the size of the age gap.

Applicable statutes

The codified Mississippi law this guide is drawn from.

Practical examples

These are simplified, hypothetical illustrations only, not legal advice, and not a prediction of any real case’s outcome.

Example 1. A 15-year-old and a 17-year-old, a two-year gap. Because the gap is under 36 months, Section 97-3-65(1)(a) does not reach this conduct.

Example 2. A 14-year-old and a 20-year-old, a six-year gap. This meets the 36-month threshold, so statutory rape applies.

Example 3. A 13-year-old and a 14-year-old, a one-year gap. Because the gap is under 24 months, Section 97-3-65(1)(b) does not reach this conduct, even though the victim is under 14.

Frequently asked questions about Mississippi

What is the age of consent in Mississippi?

16. Miss. Code Section 97-3-65 covers a victim 14 or 15 and a victim under 14 with different offender-age and gap requirements for each.

Does Mississippi have a Romeo and Juliet law?

Yes, and unusually it applies at both age tiers. A 36-month gap is required for a 14 or 15 year old victim, and a 24-month gap for a victim under 14.

Is Mississippi’s law about to change?

Possibly. This guide found a 2024 bill that would criminalize sexual activity with a 16 or 17 year old where the offender is 24 or older. As of this guide’s research, it remains a proposed bill, not current law.

Does a mistaken belief about age count as a defense?

The statute states that neither the victim’s consent nor their prior sexual history is a defense; this guide did not find a separate mistake-of-age provision in the text it reviewed.

Does a position of trust or authority change anything?

Yes. Teachers, counselors, physicians, clergy, guardians, parents, and coaches, among others, face separate sexual battery charges for a victim under 18, regardless of the close-in-age allowance.

Official sources

Primary and official sources this guide is built from.

Two tiers, two gap thresholds

Mississippi’s allowance narrows as the victim gets younger.

Miss. Code § 97-3-65 thresholds by victim age. Scroll sideways on a small screen.
Victim ageMinimum gap to triggerOffender age requirement
14 or 1536 months17 or older
Under 1424 monthsNone specified

About this guide

Who wrote it, who reviewed it, and when it was last checked.

Written by

RomeoAndJulietLaw.com Editorial Team

Drafted from the Mississippi Code and official Mississippi legislative bill records, cross-checked against multiple independent legal references.

Legally reviewed by

Pending attorney review

This guide has not yet been checked by a licensed Mississippi attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.

Last reviewed Not yet attorney-reviewed Last updated 26 July 2026

Primary source for this guide

Editorial notes

This guide reflects Miss. Code § 97-3-65 as of 26 July 2026. It has not yet been reviewed by a licensed Mississippi attorney. A 2024 bill that would add a new offense for a 16 or 17 year old victim and a 24-or-older offender was found during research; this guide treats it as a proposal, not enacted law, and its current status should be confirmed by review.

Not legal advice. This page is general educational information about age of consent law in Mississippi. Laws change and vary by jurisdiction. Consult a licensed attorney in the relevant state before acting on anything you read here.