MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Judiciary B
By: Representative Snowden, Mims, Gregory, Wells-Smith, Staples, Chism, Ellington, Davis, Barnett, Beckett, Bondurant, Rotenberry, Fillingane, Carlton, Parker
AN ACT TO AMEND SECTION 97-5-23, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF FONDLING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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) 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 in the presence of a child under the age of sixteen (16), with or without the child's consent, or in the presence of a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, commits any sexual act that does not involve actual physical or sexual contact with such child or person, shall be guilty of a felony and, upon conviction, 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 fine and imprisonment, at the discretion of the court. Sexual acts include, but are not limited to, masturbation, exhibition of genitals or breasts in a lewd or lascivious manner, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity. Nothing in this subsection includes verbal assault or verbal contact.
(4) Any person above the age of eighteen (18) years, who for the purpose of gratifying his or her lust, or indulging his or depraved licentious sexual desires, commits any sexual act that does not involve actual physical or sexual contact with the child but commits the act in the presence of a child 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. Sexual acts include, but are not limited to, masturbation, exhibition of genitals or breasts in a lewd or lascivious manner, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity. 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. Nothing in this subsection includes verbal assault or verbal contact.
(5) 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2006.