Does Mississippi's 3,000-foot residency rule for sex offenders cover state parks, walking trails, or hiking areas, and how do you measure the distance?

Plain-English summary

Forrest County Sheriff Charlie Sims asked the AG to clarify the 3,000-foot residency restriction in Section 45-33-25(4)(a), the Mississippi Sex Offenders Registration Law. The statute says a registrant cannot live within 3,000 feet of "any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years," along with schools, child care, and group homes. The Sheriff wanted to know what counts as a "park" or "playground," whether state parks and national forests trigger the rule, how to measure the 3,000 feet, and whether walking tracks or hiking trails count.

The AG declined to draw a hard rule for any specific category of property. Instead, the office pointed to Taylor v. State, 353 So. 3d 1114 (Miss. Ct. App. 2023), where the Court of Appeals said the Legislature deliberately used the broadest possible word ("any playground"). Whether a particular property fits depends on what an ordinary person would think looking at the physical features and equipment on the ground. That is a factual determination, and Section 7-5-25 bars the AG from making factual determinations by official opinion. Local authorities (sheriffs, county boards, municipal attorneys) make the call.

On measurement, Taylor settled it: 3,000 feet is measured from the nearest real property line of the offender's residence to the nearest real property line of the prohibited place.

The statute does not define "playground," "ballpark," or "recreational facility." Section 1-3-65 says common words get their ordinary meaning. The Court of Appeals in Taylor used dictionary definitions ("recreation" as refreshment of mind or body through activity that amuses or stimulates; "facility" as something created to serve a particular function), but did not draw lines around specific property types.

What this means for you

For sheriffs and county law enforcement

The opinion places the call with local authorities. Whether a specific park, state forest, national forest, walking track, or trail is a "playground or recreational facility utilized by persons under the age of eighteen" is a factual determination the AG cannot make by official opinion under Section 7-5-25. The framework the opinion points to comes from Taylor v. State: the question is whether an ordinary person, looking at the physical features and equipment of the property, would see it as a playground. For state parks and forests, the opinion treats a specific feature on the grounds (a designated playground, a ballpark, a recreational facility) as the potential "prohibited place," and the 3,000 feet runs from the nearest real property line of that place to the nearest real property line of the residence.

For registered sex offenders looking at a residence

The opinion holds there is no categorical list of covered properties. Whether a particular park, forest, track, or trail counts is a local factual determination, not something the AG would resolve. The measurement, per Taylor, is property line to property line: the nearest real property line of the residence to the nearest real property line of the prohibited place.

For municipal attorneys and county counsel

The opinion holds that the Mississippi Sex Offenders Registration Law does not define "playground," "ballpark," or "recreational facility," and the AG did not point to a parallel definition elsewhere that the sheriff can borrow. Common and ordinary meaning controls under Section 1-3-65, applied through the Taylor "ordinary person" test.

For citizens with questions about a neighbor's registration

The opinion directs further questions to the Mississippi Department of Public Safety, which has regulatory authority over the registry and maintains it under Section 45-33-35.

Common questions

Does a state park automatically trigger the 3,000-foot rule?
No. The AG declined to make that categorical call. Whether a specific state park (or any portion of it) counts as a "playground or recreational facility utilized by persons under the age of eighteen" is a factual determination made by local authorities. A state park with developed playground areas is more likely to count than a wilderness preserve with no designated youth facilities.

How do you measure the 3,000 feet?
Property line to property line. Per Taylor v. State, 353 So. 3d at 1124, the distance runs from the nearest real property line of the offender's residence to the nearest real property line of the prohibited place. Not door to door, not house to playground equipment.

Does a walking track or hiking trail count as a "recreational facility"?
The AG would not say yes or no across the board. The opinion answers this question with "See Response 1": whether a specific track or trail is a "recreational facility utilized by persons under the age of eighteen" is a factual determination to be made by the local authorities.

Are the terms "playground," "ballpark," and "recreational facility" defined anywhere else in Mississippi statute that the sheriff can borrow?
No. The statute itself does not define them, and the AG did not point to a parallel definition. Common ordinary meaning controls under Section 1-3-65, supplemented by the Taylor framework of how an ordinary person would see the property.

If a portion of a state forest has a playground, does the 3,000-foot zone start at the forest boundary or at the playground?
The opinion answers this with "See Response 1" and the Taylor measurement rule: the distance runs to the nearest real property line of the "prohibited place." The statute targets specific places like playgrounds and ballparks, so the specific feature is the prohibited place, not necessarily the entire property that contains it. Whether the forest itself counts remains a local factual determination.

Where does a sheriff get further guidance?
The Mississippi Department of Public Safety has regulatory authority over the registry and maintains it under Section 45-33-35. The AG referred Sheriff Sims to DPS for further questions.

Background and statutory framework

The Mississippi Sex Offenders Registration Law, Sections 45-33-21, et seq., requires people convicted of certain enumerated offenses to register with their local sheriff and the Mississippi Department of Public Safety. Section 45-33-25(4)(a) is the residency restriction:

A person required to register under this chapter shall not reside within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school, a child care facility, a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.

The key phrase is "any playground, ballpark or other recreational facility." None of those terms is defined in the chapter. In Taylor, the defendant argued the statute was unconstitutionally vague because "playground" was undefined. The Court of Appeals disagreed: ordinary people understand what a playground is, and the Legislature picked the broadest word it could ("any") to maximize the rule's reach. The Court did not draw a definitional box around "playground" but instead relied on the physical-features-and-equipment test: would an ordinary person look at the property and see it as a playground?

In a 2023 opinion (Edwards, June 23, 2023), the AG declined to say whether a public beach was a "recreational facility," using the same factual-determination dodge. The Sims opinion is consistent: the AG will not draw lines around state parks, forests, walking tracks, or trails. That call is local.

Section 7-5-25 limits AG opinions to prospective questions of state law and excludes factual determinations.

Citations

• Miss. Code Ann. §§ 45-33-21, et seq. (Mississippi Sex Offenders Registration Law)
• Miss. Code Ann. § 45-33-25(4) (residency restriction provisions)
• Miss. Code Ann. § 45-33-25(4)(a) (3,000-foot rule, list of prohibited places)
• Miss. Code Ann. § 45-33-35 (DPS authority over registry)
• Miss. Code Ann. § 1-3-65 (common-and-ordinary-meaning rule for statutory words)
• Miss. Code Ann. § 7-5-25 (scope of AG opinions)
• Taylor v. State, 353 So. 3d 1114 (Miss. Ct. App. 2023) (vagueness and measurement holding)
• L.B.C. v. Forrest Cnty. Youth Ct., 339 So. 3d 111 (Miss. 2017) (statutory purpose: assist law enforcement, protect community)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/04/C.-Sims-April-4-2025-Mississippi-Sex-Offenders-Registration-Law.pdf

Original opinion text

April 4, 2025
The Honorable Charlie Sims
Sheriff, Forrest County
55 Arena Drive
Hattiesburg, Mississippi 39401
Re:

Mississippi Sex Offenders Registration Law

Dear Sheriff Sims:
The Office of the Attorney General has received your request for an official opinion.
Background
According to your request, you are seeking to clarify some of the terms and restrictions set forth
in the Mississippi Sex Offenders Registration Law so that you can set the boundaries needed to
properly confirm or deny residency requests for sex offenders. Miss. Code Ann. §§ 45-33-21, et
seq.
Questions Presented

1. Is a "park" the same as a playground or recreational facility as referenced in Mississippi Code
   Annotated Section 45-33-25(4)?
2. Is a state park or national forest considered a prohibited area, and if so, should the 3000-foot
   zone begin at the property line or from the playground/ballpark/recreational facility located on its
   grounds?
3. Are the terms playground, ballpark, or recreational facility defined in any other statutes that
   could be applied to this situation?
4. Is a walking track/hiking trail considered a prohibited area?
   Brief Response
5. As noted by the Mississippi Court of Appeals, the "Legislature took care to use the most
   expansive word it could when prohibiting sex offenders from living near playgrounds by
   forbidding residency by 'any playground.'" Taylor v. State, 353 So. 3d 1114, 1121 (Miss. Ct. App.
   2023) (emphasis in original). In determining whether a specific piece of property is a playground,
   the Court looked to how an ordinary person would see the defined area in question. Id. at 1122.
   Consistent with the Court's description of playground in Taylor and our opinion in MS AG Op.,
   Edwards at *1 (June 23, 2023), many properties may be included within the statutory parameters
   of "any playground, ballpark or other recreational facility utilized by persons under the age of
   eighteen (18) years" in Section 45-33-25(4)(a). However, whether a specific park, forest, walking
   track or trail constitutes a playground or recreational facility for the purposes of the Mississippi
   Sex Offenders Registration Law is a factual determination to be made by the local authorities.
6. See Response 1. The 3000-foot zone should be "measured from the nearest real property line of
   the sex offender's residence to the nearest real property line of the prohibited place." Taylor v.
   State, 353 So. 3d at 1124.
7. See Response 1. The Mississippi Sex Offenders Registration Law does not define the terms
   playground, ballpark, or recreational facility. Whether a specific piece of property constitutes a
   playground, ballpark, or recreational facility is a factual determination to be made by the local
   authorities.
8. See Response 1.
   Applicable Law and Discussion
   The Mississippi Sex Offenders Registration Law requires persons convicted of certain enumerated
   offenses ("sex offenders") to register or provide certain information to the responsible agency and
   the Department of Public Safety. Miss. Code Ann. §§ 45-33-21, et seq. "[T]he purpose of the
   Mississippi Sex Offenders Registration Law is to assist law enforcement and protect the
   community and vulnerable populations." L.B.C. v. Forrest Cnty. Youth Ct., 339 So. 3d 111, 117
   (Miss. 2017). Pursuant to Section 45-33-25(4)(a):

A person required to register under this chapter shall not reside within three
thousand (3,000) feet of the real property comprising a public or nonpublic
elementary or secondary school, a child care facility, a residential child-caring
agency, a children's group care home or any playground, ballpark or other
recreational facility utilized by persons under the age of eighteen (18) years.

In Taylor v. State, the defendant, a registered sex offender, argued that the Mississippi Sex
Offenders Registration Law was unconstitutionally vague because it does not contain a definition
of the word playground and because it does not provide guidance or definitions on how the required
distance should be measured. Taylor, 353 So. 3d at 1120. The Court of Appeals disagreed:

Pursuant to the statute, registered sex offenders cannot live within 3,000 feet of
"any playground." Our precedent requires "a . . . statute must define the criminal
offense with sufficient definiteness that ordinary people can understand what
conduct is prohibited and in a manner that does not encourage arbitrary and
discriminatory enforcement."

An ordinary person would understand a registered sex offender is prohibited from
residing within 3,000 feet of a playground, whether located by a church, standing
alone in a neighborhood, or otherwise. The Legislature took care to use the most
expansive word it could when prohibiting sex offenders from living near
playgrounds by forbidding residency by "any playground."

Id. at 1121 (internal citations omitted) (emphasis in original). Notably, the Court did not define
"playground"; rather it determined that based on the physical features and equipment of the
specific property, an ordinary person would see the defined area in question as a playground. Id.
at 1122. When asked whether a public beach fits within the definition of a playground, ballpark or
other recreational facility, this office stated:

Although "recreational facility" is not defined . . . in the Code, "[a]ll words and
phrases contained in the statutes are used according to their common and ordinary
acceptation and meaning; but technical words and phrases according to their
technical meaning." Miss. Code Ann. § 1-3-65. "Recreation" is defined as
"refreshment of one's mind or body after work through activity that amuses or
stimulates; play." The American Heritage Dictionary of the English Language (4th
ed. 2006). "Facility" is defined as "something created to serve a particular
function." Id. Whether a public beach fits within the definition of "recreational
facility" as used in Section 45-33-25(4)(a) requires a factual determination which
we are unable to make by official opinion. Miss. Code Ann. § 7-5-25.

MS AG Op., Edwards at 1 (June 23, 2023). Consistent with the Court's description of playground
in Taylor and our opinion in Edwards, many properties may be included within the statutory
parameters of "any playground, ballpark or other recreational facility utilized by persons under the
age of eighteen (18) years" in Section 45-33-25(4)(a). However, whether a specific park, forest,
walking track or trail constitutes a playground or recreational facility for the purposes of the
Mississippi Sex Offenders Registration Law is a factual determination to be made by the local
authorities.
In response to your question regarding how to measure the 3000-foot distance, the Court in Taylor
held: "those places listed in the statute are measured from the nearest real property line of the sex
offender's residence to the nearest real property line of the prohibited place for purposes of
determining compliance with the 3,000 feet prohibition." Taylor at 1124 (citing MS AG Op.,
Trowbridge at 1 (May 18, 2007)).
As an additional resource, should you have any further questions, you may wish to contact the
Mississippi Department of Public Safety, which has regulatory authority with respect to the
Mississippi Sex Offenders Registration Law and maintains the Mississippi's sex offender registry,
pursuant to Section 45-33-35.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General