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 tiersMississippi at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statute | Miss. Code § 97-3-65 (Statutory Rape) |
| Close-in-age mechanism, victim 14–15 | Not covered below 36 months |
| Close-in-age mechanism, victim under 14 | Not covered below 24 months |
| Related offense | Sexual 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.
Age of consent in Mississippi
Section 97-3-65(1)(a) applies where the offender is 17 or older, the victim is 14 or 15, and the offender is at least 36 months older. Section 97-3-65(1)(b) applies where the victim is under 14 and the offender is at least 24 months older, regardless of the offender’s own age. Neither the victim’s consent nor prior sexual history is a defense.
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.
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
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.
| Victim age | Minimum gap to trigger | Offender age requirement |
|---|---|---|
| 14 or 15 | 36 months | 17 or older |
| Under 14 | 24 months | None specified |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Mississippi Code and official Mississippi legislative bill records, cross-checked against multiple independent legal references.
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.
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.