Senate Bill 2420

(As Passed the Senate)

AN ACT TO CREATE NEW SECTION 97-3-8, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF INDECENT ASSAULT; 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) Any person who, for the purpose of arousing or gratifying that person's own sexual desire, knowingly, intentionally and without consent of the other person, touches another person on the breast, buttock, inner thigh, groin, genital area or anal area with his or her hands or any other part of his or her body, whether beneath or outside the other person's clothing, is guilty of indecent assault.

(2) (a) A conviction for a violation of this section that does not constitute a felony under paragraph (b) of this subsection is a misdemeanor punishable by imprisonment in the county jail for not more than six (6) months or a fine of not more than Five Hundred Dollars ($500.00), or both.

(b) Indecent assault; third or subsequent. A person is guilty of the felony of indecent assault who commits indecent assault as defined in this section and who, at the time of the commission of the offense in question, has two (2) prior convictions within seven (7) years, whether against the same or another victim, for indecent assault under Mississippi law or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe. Upon conviction, the person shall be sentenced to a term of imprisonment in the custody of the Department of Corrections for a period not to exceed five (5) years and fined not more than Five Thousand Dollars ($5,000.00).

(3) Nothing in this section shall be construed to prevent prosecution of any person under Section 97-5-23 or 97-3-7.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019, and shall stand repealed from and after June 30, 2019.