MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B
By: Representatives Gipson, Sykes
AN ACT TO AMEND SECTION 99-1-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PASSAGE OF TIME WILL NOT BAR PROSECUTION FOR SEXUAL BATTERY WITHOUT REGARD TO THE AGE OF THE VICTIM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-1-5, Mississippi Code of 1972, is amended as follows:
99-1-5. The passage of time
shall never bar prosecution against any person for the offenses of murder,
manslaughter, aggravated assault, aggravated domestic violence, kidnapping,
arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement,
obtaining money or property under false pretenses or by fraud, felonious abuse
or battery of a child as described in Section 97-5-39, touching or handling a
child for lustful purposes as described in Section 97-5-23, sexual battery * * * as described in Section 97-3-95 * * *, exploitation of
children as described in Section 97-5-33, promoting prostitution under Section
97-29-51(2) when the person involved is a minor, or any human trafficking
offense as described in Section 97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2
or Section 97-3-54.3. A person shall not be prosecuted for conspiracy, as
described in Section 97-1-1, for felonious assistance-program fraud, as
described in Section 97-19-71, or for felonious abuse of vulnerable persons, as
described in Sections 43-47-18 and 43-47-19, unless the prosecution for the offense is
commenced within five (5) years next after the commission thereof. A person
shall not be prosecuted for larceny of timber as described in Section 97-17-59,
unless the prosecution for the offense is commenced within six (6) years next after
the commission thereof. A person shall not be prosecuted for any other offense
not listed in this section unless the prosecution for the offense is commenced
within two (2) years next after the commission thereof. Nothing contained in
this section shall bar any prosecution against any person who shall abscond or
flee from justice, or shall absent himself from this state or out of the
jurisdiction of the court, or so conduct himself that he cannot be found by the
officers of the law, or that process cannot be served upon him.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.