SB2465 (As Introduced) - 1997 Regular Session

MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Johnson (19th), Hamilton, Canon, Nunnelee, White (29th)

Senate Bill 2465

AN ACT TO AMEND SECTIONS 97-3-65 AND 97-3-67, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF RAPE OF CERTAIN PERSONS; TO AMEND SECTION 97-3-71, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF ASSAULT WITH INTENT TO RAVISH; TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, FOR ONE CONVICTED FOR A SECOND TIME OF SEXUAL BATTERY; TO AMEND SECTION 97-5-21, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF SEDUCTION OF A CHILD UNDER AGE 18; TO AMEND SECTION 97-5-23, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF GRATIFICATION OF LUST; TO AMEND SECTION 97-5-27, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF DISSEMINATION OF SEXUALLY ORIENTED MATERIALS TO PERSONS UNDER AGE 18; TO AMEND SECTION 97-5-35, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF EXPLOITATION OF CHILDREN; TO AMEND SECTION 97-5-41, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF CARNAL KNOWLEDGE OF A STEPCHILD OR ADOPTED CHILD OR THE CHILD OF A COHABITING PARTNER; TO AMEND SECTION 97-29-59, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR ONE CONVICTED FOR A SECOND TIME OF UNNATURAL INTERCOURSE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-3-65, Mississippi Code of 1972, is amended as follows:

97-3-65. (1) Every person eighteen (18) years of age or older who shall be convicted of rape by carnally and unlawfully knowing a child under the age of fourteen (14) years, upon conviction, shall be sentenced to death or imprisonment for life in the State Penitentiary; provided, however, any person thirteen (13) years of age or over but under eighteen (18) years of age convicted of such crime shall be sentenced to such term of imprisonment as the court, in its discretion, may determine. In all cases where the child is under the age of fourteen (14) years it shall not be necessary to prove penetration of the child's private parts where it is shown the private parts of the child have been lacerated or torn in the attempt to have carnal knowledge of the child.

(2) Every person who shall forcibly ravish any person of the age of fourteen (14) years or upward, or who shall have been convicted of having carnal knowledge of any person above the age of fourteen (14) years without such person's consent, by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.

(3) This section shall apply whether the perpetrator is married to the victim or not.

(4) The Department of Public Safety shall collect all data relating to spousal rape violations and convictions under this section. Such information shall include the name and age of all victims and violators of spousal rape under this section. The information collected under this subsection shall be subject to all confidentiality requirements imposed by law for criminal records. The Department of Public Safety shall provide such data excluding the identification of victims and unconvicted violators to the Clerk of the House of Representatives and the Secretary of the Senate on January 1, 1994, and each year thereafter for a period of three (3) years.

(5)(a) Any person guilty of a first conviction of an offense under this section, upon release from confinement for whatever reason, may undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, at the discretion of the court.

(b) Any person guilty of a second or subsequent conviction of an offense under this section, upon release from confinement for any reason including expiration of the sentence of incarceration, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, for the term of that person's natural life absent any finding by the Department of Corrections that this treatment is no longer necessary. A conviction shall count as a second conviction even if it is had as a part of the prosecution for a first conviction.

(c) The person shall begin medroxyprogesterone acetate treatment one (1) week prior to release from confinement and shall continue treatments until the Department of Corrections demonstrates that this treatment is no longer necessary.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (5).

(e) The Department of Corrections shall administer this subsection (5) and implement the protocols required by this subsection. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this subsection shall acknowledge the receipt of this information.

SECTION 2. Section 97-3-67, Mississippi Code of 1972, is amended as follows:

97-3-67. (1) Any person who shall have carnal knowledge of any unmarried person of previously chaste character younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, upon conviction, shall be punished either by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail not longer than six (6) months, or by both such fine and imprisonment or by imprisonment in the penitentiary not exceeding five (5) years; and such punishment, within said limitation, shall be fixed by the jury trying each case, or by the court upon the entry of a plea of guilty.

(2)(a) Any person guilty of a first conviction of an offense under this section, upon release from confinement for whatever reason, may undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, at the discretion of the court.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (2).

(e) The Department of Corrections shall administer this subsection (2) and implement the protocols required by this subsection. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this subsection shall acknowledge the receipt of this information.

SECTION 3. Section 97-3-71, Mississippi Code of 1972, is amended as follows:

97-3-71. (1) Every person who shall be convicted of an assault with intent to forcibly ravish any female of previous chaste character shall be punished by imprisonment in the penitentiary for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (2).

SECTION 4. Section 97-3-101, Mississippi Code of 1972, is amended as follows:

97-3-101. (1) Every person who shall be convicted of sexual battery shall be imprisoned in the State Penitentiary for a period of not more than thirty (30) years; however, any person convicted of a second or subsequent offense under Sections 97-3-95 through 97-3-103 shall be imprisoned in the penitentiary for not more than forty (40) years.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (2).

SECTION 5. Section 97-5-21, Mississippi Code of 1972, is amended as follows:

97-5-21. (1) Any person who shall seduce and have illicit connection with any child younger than such person and under the age of eighteen (18) years, and which child is of previously chaste character, shall, upon conviction, be imprisoned in the penitentiary not more than ten (10) years, but the testimony of the person seduced alone shall not be sufficient for conviction.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (2).

SECTION 6. Section 97-5-23, Mississippi Code of 1972, is amended as follows:

97-5-23. (1) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child under the age of fourteen (14) years, with or without the child's consent, or a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court.

(2) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent, when the person occupies a position of trust or authority over the child shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court. A person in a position of trust or authority over a child includes without limitation a child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

(3) Upon a second conviction for an offense under this section, the person so convicted shall be punished by commitment to the State Department of Corrections for a term not to exceed twenty (20) years * * *.

(4)(a) Any person guilty of a first conviction of an offense under this section, upon release from confinement for whatever reason, may undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, at the discretion of the court.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (4).

(e) The Department of Corrections shall administer this subsection (4) and implement the protocols required by this subsection. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this subsection shall acknowledge the receipt of this information.

SECTION 7. Section 97-5-27, Mississippi Code of 1972, is amended as follows:

97-5-27. (1) Any person who intentionally and knowingly disseminates sexually oriented material to any person under eighteen (18) years of age shall be guilty of a misdemeanor and upon conviction shall be fined for each offense not less than Five

Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year in the county jail, or be punished by both such fine and imprisonment. A person disseminates sexually oriented material within the meaning of this section if he:

(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any sexually oriented writing, picture, record or other representation or embodiment that is sexually oriented; or

(b) Presents or directs a sexually oriented play, dance or other performance or participates directly in that portion thereof which makes it sexually oriented; or

(c) Exhibits, presents, rents, sells, delivers or provides, or offers or agrees to exhibit, present, rent or to provide any sexually oriented still or motion picture, film, filmstrip or projection slide, or sound recording, sound tape or sound track or any matter or material of whatever form which is a representation, embodiment, performance or publication that is sexually oriented.

(2) For purposes of this section, any material is sexually oriented if the material contains representations or descriptions, actual or simulated, of masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.

(3)(a) Any person guilty of a first conviction of an offense under this section, upon release from confinement for whatever reason, may undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, at the discretion of the court.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (3).

(e) The Department of Corrections shall administer this subsection (3) and implement the protocols required by this subsection. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this subsection shall acknowledge the receipt of this information.

SECTION 8. Section 97-5-35, Mississippi Code of 1972, is amended as follows:

97-5-35. (1) Any person who violates any provision of Section 97-5-33 shall be guilty of a felony and upon conviction shall pay a fine of not less than Twenty-five Thousand Dollars ($25,000.00) nor more than One Hundred Thousand Dollars ($100,000.00) and shall be imprisoned for not less than two (2) years nor more than twenty (20) years. Any person convicted of a second or subsequent violation of Section 97-5-33 shall pay a fine of not less than Seventy-five Thousand Dollars ($75,000.00) and shall be imprisoned not less than ten (10) years nor more than thirty (30) years.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (2).

SECTION 9. Section 97-5-41, Mississippi Code of 1972, is amended as follows:

97-5-41. (1) Any person who shall have carnal knowledge of his or her unmarried stepchild or adopted child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.

(2) Any person who shall have carnal knowledge of an unmarried child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, with whose parent he or she is cohabiting or living together as husband and wife, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (3).

SECTION 10. Section 97-29-59, Mississippi Code of 1972, is amended as follows:

97-29-59. (1) Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast shall be punished by imprisonment in the penitentiary for a term of not more than ten (10) years.

(d) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this subsection (2).

SECTION 11. This act shall take effect and be in force from and after July 1, 1997.