SB2718 (As Introduced) - 2001 Regular Session

MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Johnson (19th), White (29th), Canon

Senate Bill 2718

AN ACT TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR CERTAIN PERSONS CONVICTED OF RAPE OF CHILDREN; TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, FOR CERTAIN PERSONS CONVICTED OF SEXUAL BATTERY OF CHILDREN; TO AMEND SECTION 97-5-23, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR CERTAIN PERSONS CONVICTED OF GRATIFICATION OF LUST; TO AMEND SECTION 97-5-35, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR CERTAIN PERSONS CONVICTED OF EXPLOITATION OF CHILDREN; TO AMEND SECTION 97-5-41, MISSISSIPPI CODE OF 1972, TO REQUIRE CHEMICAL CASTRATION FOR CERTAIN PERSONS CONVICTED OF CARNAL KNOWLEDGE OF A STEPCHILD OR ADOPTED CHILD OR THE CHILD OF A COHABITING PARTNER; 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 when:

(a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:

(i) Is at least fourteen (14) but under sixteen (16) 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) 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 paragraph (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary 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 paragraph (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary 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 State Penitentiary for each subsequent offense;

(c) If eighteen (18) years of age or older and convicted under paragraph (1)(b) of this section, to imprisonment for life in the State Penitentiary 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 paragraphs (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.

(e) Every person age twenty-seven (27) or older convicted for statutory rape, upon release from confinement for whatever reason, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent in addition to all other punishment imposed.

(i) Any person required to undergo medroxyprogesterone acetate treatment or its chemical equivalent shall be subject to the treatment for the term of that person's natural life absent any finding by the Department of Corrections that this treatment is no longer necessary.

(ii) The person shall begin medroxyprogesterone acetate treatment one (1) week prior to release from confinement and shall continue treatments until the Department of Corrections demonstrates that this treatment is no longer necessary.

(iii) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be required to undergo the hormonal treatment.

(iv) The Department of Corrections shall administer this paragraph (e) and implement the protocols required. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this paragraph shall acknowledge the receipt of this information.

(3) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that 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.

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

(4) 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.

(5) 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.

SECTION 2. 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 State Penitentiary for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the penitentiary for not more than forty (40) years.

(2) (a) Every person who shall be 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 State Penitentiary or fined not more than Five Thousand Dollars ($5,000.00), or both;

(b) Every person who shall be 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 State Penitentiary 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 State Penitentiary for each subsequent offense.

(3) Every person who shall be 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 State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years.

(4) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) or (d) who is twenty-seven (27) years of age or older, upon release from confinement for whatever reason, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment imposed.

(5) (a) Any person required to undergo medroxyprogesterone acetate treatment or its chemical equivalent shall be subject to the treatment for the term of that person's natural life absent any finding by the Department of Corrections that this treatment is no longer necessary.

(b) The person shall begin medroxyprogesterone acetate treatment one (1) week prior to release from confinement and shall continue treatments until the Department of Corrections demonstrates that this treatment is no longer necessary.

(c) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be required to undergo the hormonal treatment.

(d) The Department of Corrections shall administer this subsection (5) and implement the protocols required by this subsection. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this subsection shall acknowledge the receipt of this information.

(6) Every person who shall be 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.

SECTION 3. Section 97-5-23, Mississippi Code of 1972, is amended as follows:

97-5-23. (1) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child under the age of sixteen (16) years, with or without the child's consent, or a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court.

(2) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent, when the person occupies a position of trust or authority over the child shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court. A person in a position of trust or authority over a child includes without limitation a child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

(3) Upon a second conviction for an offense under this section, the person so convicted shall be punished by commitment to the State Department of Corrections for a term not to exceed twenty (20) years, however, upon conviction and sentencing, the offender shall serve at least one-half (1/2) of the sentence so imposed.

(4) Every person who shall be convicted under this section who is twenty-seven (27) years of age or older, upon release from confinement for whatever reason, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment imposed.

(c) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be required to undergo the hormonal treatment.

SECTION 4. Section 97-5-35, Mississippi Code of 1972, is amended as follows:

97-5-35. (1) Any person who violates any provision of Section 97-5-33 shall be guilty of a felony and upon conviction shall pay a fine of not less than Twenty-five Thousand Dollars ($25,000.00) nor more than One Hundred Thousand Dollars ($100,000.00) and shall be imprisoned for not less than two (2) years nor more than twenty (20) years. Any person convicted of a second or subsequent violation of Section 97-5-33 shall pay a fine of not less than Seventy-five Thousand Dollars ($75,000.00) and shall be imprisoned not less than ten (10) years nor more than thirty (30) years. Every person who shall be convicted under this section who is twenty-seven (27) years of age or older, upon release from confinement for whatever reason, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment imposed.

(2) (a) Any person required to undergo medroxyprogesterone acetate treatment or its chemical equivalent shall be subject to the treatment for the term of that person's natural life absent any finding by the Department of Corrections that this treatment is no longer necessary.

(c) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be required to undergo the hormonal treatment.

(d) The Department of Corrections shall administer this subsection (2) and implement the protocols required by this subsection. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this subsection shall acknowledge the receipt of this information.

SECTION 5. Section 97-5-41, Mississippi Code of 1972, is amended as follows:

97-5-41. (1) Any person who shall have carnal knowledge of his or her unmarried stepchild or adopted child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.

(2) Any person who shall have carnal knowledge of an unmarried child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, with whose parent he or she is cohabiting or living together as husband and wife, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.

(3) Every person who shall be convicted under this section who is twenty-seven (27) years of age or older, upon release from confinement for whatever reason, shall undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment imposed.

(4) (a) Any person required to undergo medroxyprogesterone acetate treatment or its chemical equivalent shall be subject to the treatment for the term of that person's natural life absent any finding by the Department of Corrections that this treatment is no longer necessary.

(c) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be required to undergo the hormonal treatment.

(d) The Department of Corrections shall administer this subsection (4) and implement the protocols required by this subsection. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this subsection shall acknowledge the receipt of this information.

SECTION 6. This act shall take effect and be in force from and after its passage.