Mississippi Code

Miss. Code Ann. § 97-3-5 (2026)

Abortion; advertisement, sale or gift of drugs or instruments

✓ current as of July 2026

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A person who sells, lends, gives away, or in any manner exhibits, or offers to sell, lend, or give away, or has in his possession with intent to sell, lend, or give away, or advertises or offers for sale, loan or distribution any instrument or article, or any drug or medicine, for causing unlawful abortion; or who writes or prints, or causes to be written or printed, a card, circular, pamphlet, advertisement, or notice of any kind, or gives information orally, stating when, where, how, of whom, or by what means such article or medicine can be purchased or obtained, or who manufactures any such article or medicine, is guilty of a misdemeanor, and, on conviction, shall be punished by fine not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00), and by imprisonment in the county jail not exceeding three (3) months.

Codes, 1892, § 1217; 1906, § 1293; Hemingway's 1917, § 1026; 1930, § 1057; 1942, § 2289; Laws, 1970, ch. 344, § 1, eff. 3/4/1970.

Notes of Decisions

Cited in 2 cases, 2001–2006 · leading case: Alexander v. State, 811 So. 2d 272 (Miss. Ct. App. 2001).

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Alexander v. State, 811 So. 2d 272 (Miss. Ct. App. 2001). · cites it 2× “" Miss.Code Ann. § 97-3-5 (Rev.1999). Sexual penetration is defined as "any penetration of the genital or anal openings of another person's body by any part of a person's body, and insertion of any object into the genital or anal openings of another person's body.”

Davis v. State, 933 So. 2d 1014 (Miss. Ct. App. 2006). · cites it 2× “The jury found Davis guilty of three counts of sexual battery under Miss.Code Ann. § 97-3-5(2). As such, the jury returned three separate verdicts of guilt against Davis.”

— Miss. Code Ann. § 97-3-5(2) — 1 case

Davis v. State, 933 So. 2d 1014 (Miss. Ct. App. 2006). “The jury found Davis guilty of three counts of sexual battery under Miss.Code Ann. § 97-3-5(2). As such, the jury returned three separate verdicts of guilt against Davis.”

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