MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representatives Formby, Ross, Wells-Smith

AN ACT TO AMEND SECTIONS 97-3-65, 97-3-67 AND 97-3-95, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF CONSENT FOR RAPE AND SEXUAL BATTERY; 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) Every person eighteen (18) years of age or older who shall be convicted of rape by carnally and unlawfully knowing a child under the age of sixteen (16) years, upon conviction, shall be sentenced to death or imprisonment for life in the State Penitentiary; provided, however, any person sixteen (16) years of age or over but under eighteen (18) years of age convicted of such crime shall be sentenced to such term of imprisonment as the court, in its discretion, may determine. In all cases where the child is under the age of sixteen (16) years it shall not be necessary to prove penetration of the child's private parts where it is shown the private parts of the child have been lacerated or torn in the attempt to have carnal knowledge of the child.

(2) Every person who shall forcibly ravish any person, * * * or who shall have been convicted of having carnal knowledge of any person * * * without such person's consent, by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary 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 State Penitentiary for any term as the court, in its discretion, may determine.

(3) This section shall apply whether the perpetrator is married to the victim or not.

(4) The Department of Public Safety shall collect all data relating to spousal rape violations and convictions under this section. Such information shall include the name and age of all victims and violators of spousal rape under this section. The information collected under this subsection shall be subject to all confidentiality requirements imposed by law for criminal records. The Department of Public Safety shall provide such data excluding the identification of victims and unconvicted violators to the Clerk of the House of Representatives and the Secretary of the Senate on January 1, 1994, and each year thereafter for a period of three (3) years.

SECTION 2. Section 97-3-67, Mississippi Code of 1972, is amended as follows:

97-3-67. Any person who shall have carnal knowledge of any unmarried person * * * younger than himself or herself and over fifteen (15) and under eighteen (18) years of age, upon conviction, shall be punished either by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail not longer than six (6) months, or by both such fine and imprisonment or by imprisonment in the Penitentiary not exceeding five (5) years; and such punishment, within said limitation, shall be fixed by the jury trying each case, or by the court upon the entry of a plea of guilty.

SECTION 3. Section 97-3-95, Mississippi Code of 1972, is amended as follows:

97-3-95. (1) A person is guilty of sexual battery if he or she engages in sexual penetration with:

(a) Another person without his or her consent;

(b) A mentally defective, mentally incapacitated or physically helpless person; or

(c) A child under the age of sixteen (16) years.

(2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child of sixteen (16) but less than eighteen (18) years if the person is in a position of trust or authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.