2005 Regular Session
To: Judiciary, Division B
By: Senator(s) Albritton
AN ACT TO CREATE NEW SECTION 97-3-8, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF INDECENT ASSAULT AGAINST A PERSON OF ANY AGE IF DONE WITHOUT CONSENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 97-3-8, Mississippi Code of 1972:
97-3-8. (1) (a) A person is guilty of indecent assault if the person knowingly and intentionally touches another person on the breasts, buttocks, genital area or anal area without the consent of the other person who is so touched, and, upon conviction, the person violating this section shall be punished by imprisonment in the county jail for not more than one (1) year.
(b) Upon a third or subsequent conviction under this section, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than five (5) nor more than ten (10) years.
(2) Nothing in this section shall be construed to prevent prosecution of any person under Section 97-5-23, Mississippi Code of 1972.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.