Brent M. Brumley | Attorney At Law
Brent M. Brumley | Attorney At Law
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What is stealthing and can you go to jail for it in Mississippi?

On Behalf of | Nov 21, 2022 | Sex Offenses |

Sex crime convictions may result in serious prison time and may force you to live the rest of your life as a registered sex offender. This can affect your ability to find employment and housing. Although Mississippi law clearly defines most sex offenses, “stealthing” is one of the acts that remains a gray area.

Stealthing definition

Stealthing refers to the non-consensual removal of a condom. Stealthing may occur before or during sexual activity. The term may also apply to damaging a condom to reduce its effectiveness in preventing pregnancy or sexually transmitted diseases.

Legal status of stealthing

In the state of Mississippi, stealthing does not qualify as a sex offense. In the U.S., only California law penalizes stealthing, classifying it as a civil offense. No state in the country can send you to prison for the act of stealthing.

Related sex crimes

Although Mississippi does not identify stealthing as a sex crime, someone who commits the act may violate one of the existing sex offense laws during the process. Laws you may violate during stealthing include:

  • Sexual battery
  • Sexual exploitation
  • Sexual assault

These crimes typically occur when a person expresses a lack of consent when they realize a condom has been removed, and their partner forces them to engage in sexual activity.

Civil lawsuits

The act of stealthing may result in a lawsuit against you. If your partner can demonstrate that your actions caused them to become infected with an STD, they may be able to pursue a civil case against you.

Future legal standing

Advocates continue to push for laws that would make stealthing a criminal act nationally. In the meantime, being accused of the act places you in some degree of legal jeopardy.