Lost

AMENDMENT NO 1 PROPOSED TO

Cmte Sub for Senate Bill No. 2899

BY: Senator(s) Walls

     AMEND line 9 by inserting "knowingly, or under circumstances where the person should have known the child's age," after the word "older"

     FURTHER, amend line 71 by inserting the following:

     SECTION *.  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;

          (c)  A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty-six (36) or more months older than the child if the person knows, or should have known, the child was under sixteen (16); or

          (d)  A child under the age of fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child.

     (2)  A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of 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.

     FURTHER, amend the title to conform.

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