Senate Bill 2831

(As Sent to Governor)

AN ACT TO AMEND SECTION 97-3-53, MISSISSIPPI CODE OF 1972, TO REVISE THE ELEMENTS, INCLUDING INTENT, NECESSARY TO SECURE A CONVICTION FOR KIDNAPPING; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-3-53, Mississippi Code of 1972, is amended as follows:

97-3-53. Any person who, * * * without lawful authority and with or without intent to secretly confine, shall forcibly seize and confine any other person, or shall inveigle or kidnap any other person with intent to cause such person to be * * * confined or imprisoned against his or her will, or * * * without lawful authority shall forcibly seize, inveigle or kidnap any child under the age of sixteen (16) years * * * against the will of the parents or guardian or person having the lawful custody of the child, * * * upon conviction shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than one (1) year nor more than thirty (30) years in the custody of the Department of Corrections.

This section shall not be held to repeal, modify or amend any other criminal statute of this state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.