Mississippi Code

Miss. Code Ann. § 13-1-401 (2026)

Applicability of special evidentiary provisions

✓ current as of July 2026

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The rules of evidence prescribed in Sections 13-1-401 through 13-1-415 shall be applicable in any youth court proceeding and in any criminal prosecution under the following sections of the Mississippi Code of 1972:

(a) Section 97-5-21, Mississippi Code of 1972, relating to seduction of a child under age eighteen (18);

(b) Section 97-5-23, Mississippi Code of 1972, relating to the touching of a child for lustful purposes;

(c) Section 97-5-35, Mississippi Code of 1972, relating to the exploitation of children;

(d) Section 97-5-39, Mississippi Code of 1972, relating to contributing to the neglect or delinquency of a child and felonious battery of a child;

(e) Section 97-5-41, Mississippi Code of 1972, relating to the carnal knowledge of a stepchild, adopted child or child of a cohabitating partner;

(f) Section 97-3-95, Mississippi Code of 1972, relating to sexual battery; or

(g) Section 97-29-59, Mississippi Code of 1972, relating to unnatural intercourse.

Laws, 1986, ch. 345, § 1, eff. 7/1/1986.

Notes of Decisions

Cited in 9 cases, 1989–2007 · leading case: Hall v. State, 539 So. 2d 1338 (Miss. 1989).

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Hall v. State, 539 So. 2d 1338 (Miss. 1989). · cites it 8× “345 (1986), codified as Miss. Code Ann. §§ 13-1-401 , et seq. (Supp.”

Leatherwood v. State, 548 So. 2d 389 (Miss. 1989). · cites it 2× “I would overrule Hall and Mitchell and direct the circuit court on remand to follow the Child Abuse Evidence Act, Miss. Code Ann. § 13-1-401 , et seq. insofar as applicable to the evidence presented on retrial.”

Franklin Collection Serv., Inc. v. Kyle, 955 So. 2d 284 (Miss. 2007). “Miss.Code Ann. §§ 13-1-401 through 13-1-415 (1986), 13-1-21.”

In Interest of CB, 574 So. 2d 1369 (Miss. 1990). “It should be reversed in my view because the 1986 Evidence of Child Sexual Abuse Act, Miss. Code Ann. § 13-1-401 , et seq. was not followed by the circuit court.”

Flores v. State, 586 So. 2d 811 (Miss. 1991). · cites it 2× “In Hall we blithely whacked off Miss. Code Ann. § 13-1-401 , et seq., a comprehensive Act dealing with evidence in child sexual abuse cases because the Legislature, according to this Court, lacked "subject matter" jurisdiction to pass any such act, thereby making it much more…”

Winder v. State, 640 So. 2d 893 (Miss. 1994). “1989), we held that the Child Abuse Evidence Act, Miss. Code Ann. § 13-1-401 , et seq., Chapter 345, Laws 1986, dealing with evidence in child sexual abuse cases invaded the doctrine of separation of powers and was therefore ineffective.”

Mitchell v. State, 539 So. 2d 1366 (Miss. 1989). · cites it 2× “, the Legislature passed what is now Miss. Code Ann. §§ 13-1-401 415, outlining special evidentiary provisions for considering the admissibility of a child's out-of-court statements in situations such as the one under discussion here today.”

Franklin Collection Serv., Inc. v. Patty Kyle (Miss. 2005). “Miss. Code Ann. §§ 13-1-401 through 13- 1-415 (1986), 13-1-21.”

Herman Veasley v. State of Mississippi (Miss. 1995). “See Miss. Code Ann. 13-1-401, et. seq. In that enactment, the Legislature purported to legislate the admissibility of certain out-of- court statements by a child under the age of twelve.”

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