Senate Bill 2689

(As Passed the Senate)

AN ACT TO REQUIRE PROSECUTION FOR AN ENHANCEMENT OF PENALTY BY SPECIAL ALLEGATION OF SEXUAL MOTIVATION FOR OFFENSES THAT ARE NOT SEX OFFENSES PER SE, BUT THAT ARE SEXUALLY MOTIVATED; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) When sufficient evidence exists to justify a finding of sexual motivation by a fact finder, the prosecuting attorney shall include a special allegation of sexual motivation in every felony criminal case that is not a sex offense defined by Section 45-33-23(g).

(2) For the purposes of this section, a person commits a sexually motivated felony when the person commits an offense for the purpose, in whole or substantial part, of the person's own sexual gratification.

(3) (a) In a felony case in which there has been a special allegation under this section, the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. If a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether the defendant committed the crime with a sexual motivation.

(b) This finding shall not be applied to the trial of alleged sex offenses listed in Section 45-33-23(g).

(4) Upon a judge or jury's finding that a defendant committed a sexually motivated crime, the defendant shall be subject to all the requirements and restrictions of the Mississippi Sex Offender Registration Law, Title 45, Chapter 33, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.