Senate Bill 2219

AN ACT TO CREATE NEW SECTION 97-3-8, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF INDECENT ASSAULT AGAINST A PERSON OF ANY AGE IF DONE WITHOUT CONSENT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 97-3-8, Mississippi Code of 1972:

97-3-8. (1) (a) Any person who knowingly and intentionally touches another person on the breast, buttock, inner thigh, groin, genital area or anal area without the consent of the other person who is so touched, whether beneath or outside the other person's clothing, is guilty of indecent assault.

(b) Upon conviction for violating this section, the person shall be punished by imprisonment in the county jail for not more than six (6) months and fined not more than Five Hundred Dollars ($500.00), except that for a third or subsequent conviction under this section, the offenses having occurred within a period of five (5) years, whether against the same or different victims, the person shall be guilty of a felony and punished by imprisonment in the custody of the Department of Corrections for a period not to exceed five (5) years.

(2) Nothing in this section shall be construed to prevent prosecution of any person under Section 97-5-23 or 97-3-7.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.