Bill Text: MS HB426 | 2013 | Regular Session | Comm Sub

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Bill Title: Parental rights; terminate those of convicted rapist.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-02-14 - Died On Calendar [HB426 Detail]

Download: Mississippi-2013-HB426-Comm_Sub.html

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MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary B

By: Representatives Baria, Bain, Evans (91st), Horan, Lane, Moak, Steverson

House Bill 426

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO REMOVE CUSTODY, VISITATION AND INHERITANCE RIGHTS FROM A PERSON CONVICTED OF RAPE OR CRIMINAL PENETRATION WHEN THE RESULT OF SUCH OFFENSE RESULTED IN THE CONCEPTION OF A CHILD; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-3-65, Mississippi Code of 1972, is amended as follows:

     97-3-65.  (1)  The crime of statutory rape is committed when:

          (a)  Any person seventeen (17) years of age or older has sexual intercourse with a child who:

              (i)  Is at least fourteen (14) but under sixteen (16) years of age;

              (ii)  Is thirty-six (36) or more months younger than the person; and

              (iii)  Is not the person's spouse; or

          (b)  A person of any age has sexual intercourse with a child who:

              (i)  Is under the age of fourteen (14) years;

              (ii)  Is twenty-four (24) or more months younger than the person; and

              (iii)  Is not the person's spouse.

     (2)  Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.

     (3)  Upon conviction for statutory rape, the defendant shall be sentenced as follows:

          (a)  If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

          (b)  If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense;

          (c)  If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;

          (d)  If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.

     (4)  (a)  Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.

          (b)  This subsection (4) shall apply whether the perpetrator is married to the victim or not.

     (5)  In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child.

     (6)  For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female.

     (7)  (a)  Upon conviction of a violation of this section, the person so convicted has no rights to custody of, visitation with or rights of inheritance from any child born as a result of the commission of the violation.  A conviction for rape or criminal sexual penetration or like offense in another state, a jurisdiction, territory or possession of the United States or of a tribe, when that law is equivalent to the provisions of this section, shall be deemed to be a conviction pursuant to this section for purposes of custody, visitation or inheritance.

          (b)  If criminal charges alleging an act in violation of this section are brought against the putative parent of a child conceived as the result of that act, the court shall issue an automatic stay of any paternity proceeding involving both the child and the alleged putative parent.  The stay shall not be lifted until there is a final disposition of such criminal charges.

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

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