Does Mississippi's sex offender school-exclusion law apply to a community college campus that also has an on-site childcare center?

Plain-English summary

Mississippi Gulf Coast Community College asked the Attorney General for guidance on how the state's sex-offender school-exclusion law applies to its campus, which includes an Early Childhood Center providing curriculum-based care for children as young as 12 months through pre-kindergarten age. The law, Section 45-33-26, generally bars a registered sex offender from being present in a school building or on "real property comprising any school," or loitering within 500 feet of one, while minors are present.

The opinion answers the college's third and cleanest question directly: the statute's exception for a registrant who is "legally enrolled in a particular school" does not cover someone enrolled only in postsecondary coursework, because Section 45-33-26(4)(a) defines "school" to mean just a preschool, elementary school, or secondary school, a definition that carries through to the enrollment exception too. But on the first two questions, whether the Center itself qualifies as a "school" and whether any part of the campus counts as "real property comprising" one, the AG declined to decide, since those are factual determinations Mississippi law reserves to the college's own board of trustees rather than to the Attorney General's office.

What this means for you

Community colleges and universities with on-campus childcare or early-childhood programs

The opinion holds that whether an on-campus childcare or early-childhood center meets the statutory definition of "school" under Section 45-33-26(4)(a), and whether any part of the surrounding campus counts as "real property comprising" that school, are factual determinations for the institution's own governing board to make, not something the Attorney General will resolve by opinion.

Sex offender registrants considering postsecondary enrollment

The opinion holds clearly that being "legally enrolled" in postsecondary coursework does not trigger the statutory exception that allows presence at a school where you are enrolled, because that exception's definition of "school" excludes postsecondary institutions. If a campus does have a qualifying preschool, elementary, or secondary program, separate presence and loitering restrictions may still apply near that part of campus.

Campus security and compliance officers

The opinion points institutions to look first at whether they operate anything meeting the preschool/elementary/secondary definition on campus, and if so, to make their own documented determination (per the college's governing board) about what portion of campus property comprises that facility for purposes of the 500-foot buffer and presence restrictions.

Common questions

Q: Does enrolling in college classes let a registered sex offender be present anywhere on a community college campus?
A: No. The opinion holds that the enrollment exception in Section 45-33-26(2)(b) does not apply to postsecondary enrollment, because it uses the same narrow "school" definition (preschool, elementary, or secondary school) as the rest of the statute.

Q: Is an on-campus early childhood or pre-K program automatically a "school" under this law?
A: Not automatically, according to the opinion. Whether a specific program meets the statutory definition of "preschool" is a factual determination for the institution's board of trustees, informed by definitions like the one in Section 37-21-51(1)(a) and ordinary dictionary meaning.

Q: If part of a campus does count as a "school," how much of the surrounding property is covered?
A: The opinion says that is also a factual determination for the board of trustees, since "real property comprising" the school is not specifically defined in Section 45-33-26, though the opinion notes general legal definitions of "real property" for reference.

Q: Why won't the Attorney General just decide whether the Center is a "school"?
A: The opinion cites Section 7-5-25, which authorizes the office to opine only on prospective questions of state law, not to make factual determinations, which is exactly what identifying a specific facility as a "school" would require here.

Background and statutory framework

Section 45-33-26(1)(a) makes it unlawful for a registered sex offender to be present in a school building or on real property comprising a school, or to loiter within 500 feet of one, while people under 18 are present. Section 45-33-26(4)(a) defines "school," for purposes of the entire section, as a public or private preschool, elementary school, or secondary school, a definition that also governs the enrollment exception in Section 45-33-26(2)(b). Mississippi's Early Learning Collaborative Act, at Section 37-21-51(1)(a), separately defines "preschool or prekindergarten children" for its own purposes, which the opinion references as informative, though not directly controlling, background for what counts as a "preschool."

Citations and references

Statutes:
- Miss. Code Ann. § 45-33-26, sex offender presence restrictions near schools
- Miss. Code Ann. § 45-33-26(1)(a), presence and loitering prohibitions
- Miss. Code Ann. § 45-33-26(2)(b), exception for registrants legally enrolled in a school
- Miss. Code Ann. § 45-33-26(4)(a), definition of "school"
- Miss. Code Ann. § 37-21-51(1)(a), definition of preschool/prekindergarten children (Early Learning Collaborative Act)
- Miss. Code Ann. § 7-5-25, AG authority limited to prospective questions of state law

Source

• Index page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/06/H.-Holleman-June-23-2026-Mississippi-Code-Annotated-Section-45-33-26.pdf

Original opinion text

June 23, 2026
Hollis Holleman, Esq.
Board Attorney, Mississippi Gulf Coast Community College
1720 23rd Avenue
Gulfport, Mississippi 39501
Re:

Mississippi Code Annotated Section 45-33-26

Dear Mr. Holleman:
The Office of the Attorney General has received your request for an official opinion.
Background
According to your request, Mississippi Gulf Coast Community College ("MGCCC") is a public
community college established under Mississippi Code Annotated Sections 37-29-1, et. seq.
MGCCC operates an Early Childhood Center ("Center") on its Harrison County campus that
provides childcare for the children of MGCCC students. While not officially titled a "preschool,"
the Center provides structured, curriculum-based pre-kindergarten programing for young children
from 12 months old through pre-kindergarten. The Center operates on weekdays throughout the
regular academic year. Minor children are present on the MGCCC campus grounds daily during
Center operating hours. MGCCC requests guidance on the scope and application of Section 4533-26 to determine its obligations under Mississippi law when a person required to register as a
sex offender seeks to enroll in postsecondary coursework at MGCCC.
Questions Presented
1. Does the Center on the MGCCC campus constitute a "school" as that term is defined in Section
45-33-26(4)(a), which provides that "[f]or the purposes of this section,... "[s]chool" means a
public or private preschool, elementary school, or secondary school"?
2. If the Center constitutes a school under Section 45-33-26(4)(a), does the MGCCC campus —
or any portion thereof— constitute "real property comprising [a] school" within the meaning
of Section 45-33-26(1)(a)(i), such that a registered sex offender is prohibited from being
present on or about the campus?
3. Does the term "school" as used in subsection (2)(b) carry the same limited definition set forth
in subsection (4)(a), such that enrollment in a postsecondary institution does not satisfy the
exception?
Brief Response
1. Whether the Center constitutes a school as defined in Section 45-33-26(4)(a) is determination
of fact to be made by the MGCCC board of trustees.
2. Please see response to question one.
3. The definition of "school" in Section 45-33-26(4)(a) applies to the term "school" as used in
Section 45-33-26(2)(b). Accordingly, a postsecondary institution does not fall within the
definition of the term "school" as set forth in Section 45-33-26(4)(a), and the exception set
forth in Section 45-33-26(2)(b) is not applicable.
Applicable Law and Discussion
Section 45-33-26(1)(a) places limitations on persons required to register as a sex offender from
being present on certain school properties. Specifically, it states:
Unless exempted under subsection (2), it is unlawful for a person required to
register as a sex offender under Section 45-33-25:
(i) To be present in any school building, on real property comprising any school, or
in any conveyance owned, leased or contracted by a school to transport students to
or from school or a school-related activity when persons under the age of eighteen
(18) are present in the building, on the grounds or in the conveyance; or
(ii) To loiter within five hundred (500) feet of a school building or real property
comprising any school while persons under the age of eighteen (18) are present in
the building or on the grounds.
Miss. Code Ann. § 45-33-26(1)(a).
You first ask if the Center constitutes a "school." As provided in Section 45-33-26(4)(a), "[f]or
the purposes of this section,... "School" means a public or private preschool, elementary school
or secondary school." The term "preschool" is not defined in this section; however, Section 3721-51(1)(a), which is part of the Early Learning Collaborative Act of 2013, provides that
"'[p]reschool or prekindergarten children' means any children who have not entered kindergarten
but will have obtained four (4) years of age on or before September 1 of a school year." Similarly,
Merriam Webster defines preschool as "a school for children usually younger than those attending
elementary school or kindergarten." MERRIAM-WEBSTER DICTIONARY (last visited June 23, 2026). Your request indicates that the
Center provides pre-kindergarten programming for children 12 months old through prekindergarten. Ultimately, whether the Center meets the definition of "school" as provided in
Section 45-33-26(4)(a), is a determination of fact to be made by the MGCCC board of trustees.
See Miss. Code Ann. § 7-5-25 (authorizing this office to opine upon prospective matters of state
law only).
You next ask if the MGCCC campus —or any portion thereof— constitutes "real property
comprising [a] school" within the meaning of Section 45-33-26(1)(a)(i), such that a registered sex
offender is prohibited from being present on or about the campus. Section 45-33-26(1)(a) makes
it unlawful for a registrant to be present or loiter within 500 feet of "real property comprising any
school... while persons under the age of eighteen (18) are present." While the term "real property"
is not defined within Section 45-33-26, in another section of the code, real property is defined as
"one or more defined interests, benefits or rights inherent in the ownership of real estate." Miss.
Code Ann. § 73-34-3(i). And Black's Law Dictionary defines "real property" as "[l]and and
anything growing on, attached to, or erected on it, excluding anything that may be severed without
injury to the land.... Also termed realty; real estate." Real Property, BLACK'S LAW DICTIONARY
(11th ed. 2019). Like question one, whether any portion of MGCCC's campus constitutes "real
property comprising [a] school" is a determination of fact to be made by the MGCCC board of
trustees.
Last, you ask if the exception in Section 45-33-26(2)(b) applies to a registrant who is enrolled in
MGCCC but is not enrolled in the Center, or stated differently, does the term "school" as used in
subsection (2)(b) carry the same limited definition set forth in subsection (4)(a). The definition is
the same. The exception in Section 45-33-26(2)(b) provides that Section 45-33-26(1), which places
limitations on registered sex offenders' presence on certain school property, "shall not apply to a
sex offender who is legally enrolled in a particular school or is participating in a school-sponsored
educational program located at a particular school when the sex offender is present at the school."
The term "school" as used in Section 45-33-26 "means a public or private preschool, elementary
school or secondary school." Miss. Code Ann. § 45-33-26(4)(a). Accordingly, a postsecondary
institution does not fall within the definition of the term "school" as set forth in Section 45-3326(4)(a), so the exception is not applicable.
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/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General