Bill Text: MS HB240 | 2020 | Regular Session | Introduced
Bill Title: Indecent assault; create the crime of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB240 Detail]
Download: Mississippi-2020-HB240-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary B
By: Representative Bain
House Bill 240
AN ACT TO CREATE NEW SECTION 97-3-8, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF INDECENT ASSAULT; 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) Any person who, for the purpose of gratifying that person's lust or indulging that person's depraved licentious sexual desires, knowingly, intentionally and without consent of the other person touches another person on the breast, buttock, inner thigh, groin, genital area or anal area with his or her hands or any other part of his or her body, whether beneath or outside the other person's clothing, is guilty of indecent assault.
(2) (a) A conviction for a violation of this section which does not constitute a felony under paragraph (b) of this subsection is a misdemeanor punishable by imprisonment in the county jail for not more than six (6) months or a fine of not more than Five Hundred Dollars ($500.00), or both.
(b) A person is guilty of the felony of indecent assault if the person commits indecent assault, as defined in this section, and at the time of the commission of the offense in question, the person has two (2) prior convictions within seven (7) years, whether against the same or another victim, for indecent assault under Mississippi law or a substantially similar offense under the law of another state, of the United States, or of a federally recognized Native American tribe. Upon conviction, the person must be sentenced to a term of imprisonment in the custody of the Mississippi Department of Corrections for a period not to exceed five (5) years and fined not more than Five Thousand Dollars ($5,000.00).
(3) This section may not 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, 2020.
