MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Walls

AN ACT TO ESTABLISH DIMINISHED RESPONSIBILITY STEMMING FROM SYSTEMATIC ABUSE BY THE VICTIM AS A DEFENSE TO PROSECUTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. A person is not responsible for criminal conduct if at the time of such conduct the defendant suffered from an impaired mental state such that he lacked capacity to achieve the state of mind requisite for the commission of the crime. In order to successfully raise the defense, the defendant must establish the following:

(a) That he suffered from an impaired mental state such that he lacked capacity to achieve a criminal state of mind;

(b) That his impaired mental state directly resulted from a series of systematic mental, emotional or physical abuse;

(c) That the victim was a procurer of that abuse; and

(d) That the defendant had available no reasonable means to resist the abuse.

SECTION 2. This act shall take effect and be in force from and after its passage.