MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) Doty, Barnett
AN ACT TO AMEND SECTIONS 97-3-65, 97-3-95 AND 97-3-101, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE AT WHICH A MINOR IS CAPABLE OF CONSENSUAL SEXUAL 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) The crime of statutory rape is committed under circumstances not constituting rape under subsection (4) of this section when:
(a) * * * A person * * * eighteen (18) years of
age or older has sexual intercourse with a child who:
(i) Is at least
fourteen (14) but under * * *sixteen (16) eighteen (18) years of age;
(ii) Is thirty-six (36) or more months younger than the person; and
(iii) Is not the person's spouse; or
(b) A person of any age has sexual intercourse with a child who:
(i) Is under the age of fourteen (14) years;
(ii) Is twenty-four (24) or more months younger than the person; and
(iii) Is not the person's spouse.
(2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.
(3) Upon conviction for statutory rape, the defendant shall be sentenced as follows:
(a) If eighteen (18)
years of age or older, but under twenty-one (21) years of age, and convicted
under subsection (1)(a) of this section, to imprisonment for not more than five
(5) years in the * * * custody of the Department of Corrections or a
fine of not more than Five Thousand Dollars ($5,000.00), or both;
(b) If twenty-one (21)
years of age or older and convicted under subsection (1)(a) of this section, to
imprisonment of not more than thirty (30) years in the * * * custody of the Department
of Corrections or a fine of not more than Ten Thousand Dollars
($10,000.00), or both, for the first offense, and not more than forty (40)
years in the * * * custody of the Department of Corrections for
each subsequent offense;
(c) If eighteen (18)
years of age or older and convicted under subsection (1)(b) of this section, to
imprisonment for life in the * * * custody of the Department
of Corrections or such lesser term of imprisonment as the court may
determine, but not less than twenty (20) years;
(d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.
(4) (a) (i) Every
person who * * *
has forcible sexual intercourse with any person * * * is guilty of rape.
(ii) Every
person who * * * has sexual intercourse not constituting forcible sexual
intercourse or statutory rape with any person without that person's consent by
administering to * * *
the person any substance or liquid which shall produce such stupor or
such imbecility of mind or weakness of body as to prevent effectual resistance * * * is guilty of rape.
(iii) A person
found guilty of rape shall be imprisoned for life in the * * * custody of the Department
of Corrections 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 * * * custody of the Department
of Corrections for any term as the court, in its discretion, may determine.
(b) This subsection (4) shall apply whether the perpetrator is married to the victim or not.
(5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child.
(6) (a) Upon conviction under this section, the court may issue a criminal sexual assault protection order prohibiting the offender from any contact with the victim, without regard to the relationship between the victim and offender. The court may include in a criminal sexual assault protection order any relief available under Section 93-21-15. The term of a criminal sexual assault protection order shall be for a time period determined by the court, but all orders shall, at a minimum, remain in effect for a period of two (2) years after the expiration of any sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole. Upon issuance of a criminal sexual assault protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance, with no exceptions for weekends or holidays as provided in Section 93-21-25, and a copy must be provided to both the victim and offender.
(b) Criminal sexual assault protection orders shall be issued on the standardized form developed by the Office of the Attorney General.
(c) It is a misdemeanor to knowingly violate any condition of a criminal sexual assault protection order. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Any sentence imposed for the violation of a criminal sexual assault protection order shall run consecutively to any other sentences imposed on the offender. The court shall also be empowered to extend the criminal sexual assault protection order for a period of one (1) year for each violation. The incarceration of a person at the time of the violation is not a bar to prosecution under this section. Nothing in this subsection shall be construed to prohibit the imposition of any other penalties or disciplinary action otherwise allowed by law or policy.
(7) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female.
SECTION 2. Section 97-3-95, Mississippi Code of 1972, is amended as follows:
97-3-95. * * * A person is guilty of sexual battery if
he or she engages in sexual penetration with:
(a) Another person
without * * *
that person's consent;
(b) A mentally defective, mentally incapacitated or physically helpless person;
(c) A child at least
fourteen (14) but under * * * sixteen (16) eighteen (18) years of age, if the person
is thirty-six (36) or more months older than the child; or
(d) A child under the age of fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child.
* * *
SECTION 3. 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 under Section 97-3-95(1)(a), (b) or
(2) shall be imprisoned in the * * * custody of the Department
of Corrections for a period of not more than thirty (30) years, and for a
second or subsequent such offense shall be imprisoned in the * * * custody of the Department of
Corrections for not more than forty (40) years.
(2) (a) Every person who * * * is convicted of sexual battery
under Section 97-3-95(1)(c) who is at least eighteen (18) but under twenty-one
(21) years of age shall be imprisoned for not more than five (5) years in the * * * custody of the Department
of Corrections or fined not more than Five Thousand Dollars ($5,000.00), or
both;
(b) Every person who * * * is convicted of sexual battery
under Section 97-3-95(1)(c) who is twenty-one (21) years of age or older shall
be imprisoned not more than thirty (30) years in the * * * custody of the Department
of Corrections or fined not more than Ten Thousand Dollars ($10,000.00), or
both, for the first offense, and not more than forty (40) years in the * * * custody of the Department
of Corrections for each subsequent offense.
(3) Every person who * * * is convicted of sexual battery
under Section 97-3-95(1)(d) who is eighteen (18) years of age or older shall be
imprisoned for life in the * * * custody of the Department
of Corrections or such lesser term of imprisonment as the court may
determine, but not less than twenty (20) years.
(4) Every person who * * * is convicted of sexual battery
who is thirteen (13) years of age or older but under eighteen (18) years of age
shall be sentenced to such imprisonment, fine or other sentence as the court,
in its discretion, may determine.
(5) (a) Upon conviction under this section, the court may issue a criminal sexual assault protection order prohibiting the offender from any contact with the victim, without regard to the relationship between the victim and offender. The court may include in a criminal sexual assault protection order any relief available under Section 93-21-15. The term of a criminal sexual assault protection order shall be for a time period determined by the court, but all orders shall, at a minimum, remain in effect for a period of two (2) years following the expiration of any sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole. Upon issuance of a criminal sexual assault protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays as provided in Section 93-21-25, and a copy must be provided to both the victim and offender.
(b) Criminal sexual assault protection orders shall be issued on the standardized form developed by the Office of the Attorney General.
(c) It is a misdemeanor to knowingly violate any condition of a criminal sexual assault protection order. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Any sentence imposed for the violation of a criminal sexual assault protection order shall run consecutively to any other sentences imposed on the offender. The court may extend the criminal sexual assault protection order for a period of one (1) year for each violation. The incarceration of a person at the time of the violation is not a bar to prosecution under this section. Nothing in this subsection shall be construed to prohibit the imposition of any other penalties or disciplinary action otherwise allowed by law or policy.
SECTION 4. This act shall take effect and be in force from and after July 1, 2018.