MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Burton (By Request)

AN ACT TO AMEND SECTION 97-5-23, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR FONDLING; AND FOR RELATED PURPOSES. 

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

SECTION 1. 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, provided that, the defendant, upon completion of at least one-fourth (1/4) of the sentence, may elect hormonal chemical treatments as follows:

(a) The parolee shall begin treatment one (1) week prior to his or her scheduled release from confinement in the state prison or other institutions. The parolee shall continue treatments until he demonstrates to the Parole Board through the Department of Corrections that he has had success in dampening his sexual drive. The parolee shall be reminded of his option to serve his full sentence while being informed of known side effects of the drug. When the criminal desires to have the treatment, the state is not liable for any side effects or complications resulting from the treatment. The procedure the criminal must go through before being released from prison will be an assurance that he has been rehabilitated through his own free will and no longer poses a threat to society. Upon being released from prison, the parolee shall be assigned a parole officer who will oversee the continuation of the treatment. If the parolee violates his parole by neglecting his treatments, then he will be subject to serve his full sentence without the possibility of parole.

(b) Prisoners who seek surgical alternatives to the treatments will be entitled to this action of law also. The treatments will be administered through state and other designated physicians.

(4) The following terms shall have the meanings ascribed to them unless the context clearly requires otherwise:

(a) "Molestation" means the unlawful sexual abuse of a minor by a person over the age of eighteen (18).

(b) "Hormonal chemical treatments" means the chemical medroxyprogesterone acetate or its chemical equivalent used to lower hormone levels, therefore decreasing sex drive.

(c) "Discretion of the court" means choice decided by the court to punish a criminal.

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