MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Huggins

AN ACT TO AMEND SECTION 97-3-95, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SEXUAL PENETRATION OF AN INMATE BY CERTAIN EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS SHALL CONSTITUTE SEXUAL BATTERY; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 97-3-95, Mississippi Code of 1972, is amended as follows:

97-3-95. (1) A person is guilty of sexual battery if he or she engages in sexual penetration with:

(a) Another person without his or her consent;

(b) A mentally defective, mentally incapacitated or physically helpless person; or

(c) A child under the age of fourteen (14) years.

(2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child of fourteen (14) but less than eighteen (18) years if the person is in a position of trust or authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

(3) A person is guilty of sexual battery if the person is an employee of the Mississippi Department of Corrections and engages in sexual penetration with an inmate of the department if that employee is in a position of trust or authority over the inmate.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.