Bill Text: MS SB2040 | 2011 | Regular Session | Introduced

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Bill Title: Rape or sexual battery of a child; mandate life without parole.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [SB2040 Detail]

Download: Mississippi-2011-SB2040-Introduced.html

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MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary, Division A

By: Senator(s) Fillingane

Senate Bill 2040

AN ACT TO AMEND SECTIONS 97-3-65, 97-3-71, 97-3-95 AND 97-3-101, MISSISSIPPI CODE OF 1972, TO IMPOSE THE PENALTY OF LIFE IMPRISONMENT FOR RAPE OR SEXUAL BATTERY OF A CHILD YOUNGER THAN 12 YEARS OF AGE; 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 custody of the Department of Corrections 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 custody of the Department of Corrections 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 custody of the Department of Corrections for each subsequent offense;

          (c)  If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(b) of this section, to imprisonment for life in the custody of the Department of Corrections or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;

          (d)  If twenty-one (21) years of age or older and convicted under subsection (1)(b) of this section, the defendant may be punished by imprisonment for life in the custody of the Department of Corrections without eligibility for parole or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;

          (e)  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 punished as follows:  if the victim is younger than twelve (12) years of age, the punishment may be imprisonment for life without eligibility for parole in the custody of the Department of Corrections or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years; and otherwise, the person shall be imprisoned for life in the custody of the Department of Corrections if the jury by its verdict so prescribes; and in such cases where the victim is twelve (12) years of age or older if the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the custody of the Department of Corrections 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.

     SECTION 2.  Section 97-3-71, Mississippi Code of 1972, is amended as follows:

     97-3-71.  Every person who shall be convicted of an assault with intent to forcibly ravish any female of previous chaste character shall be punished by imprisonment in the custody of the Department of Corrections for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty.  However, the person may be punished by imprisonment for life in the custody of the Department of Corrections without eligibility for parole if the female was younger than twelve (12) years of age.

     SECTION 3.  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; or

          (d)  A child under * * * fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child, except as provided in subsection (3).

     (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.

     (3)  A person is guilty of aggravated sexual battery if he or she, being twenty-one (21) years of age or older, engages in sexual penetration with a child under the age of twelve (12) years.

     SECTION 4.  Section 97-3-101, Mississippi Code of 1972, is amended as follows:

     97-3-101.  (1)  Every person who shall be convicted of sexual battery under Section 97-3-95(1)(a), (b) or (2) shall be imprisoned in the custody of the Department of Corrections for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the custody of the Department of Corrections for not more than forty (40) years.

     (2)  (a)  Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is at least eighteen (18) but under twenty-one (21) years of age shall be imprisoned for not more than five (5) years in the custody of the Department of Corrections or fined not more than Five Thousand Dollars ($5,000.00), or both;

          (b)  Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is twenty-one (21) years of age or older shall be imprisoned not more than thirty (30) years in the custody of the Department of Corrections or fined not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the custody of the Department of Corrections for each subsequent offense.

     (3)  Every person who shall be convicted of sexual battery under Section 97-3-95(1)(d) who is eighteen (18) years of age or older shall be imprisoned for life in the custody of the Department of Corrections or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years.

     (4)  Notwithstanding any other provision of this section, every person who is twenty-one (21) years of age or older who shall be convicted of aggravated sexual battery against a person younger than twelve (12) years of age under Section 97-3-95(3) may be punished by imprisonment for life in the custody of the Department of Corrections without eligibility for parole.

     (5)  Notwithstanding any other provision of this section, every person who shall be convicted of sexual battery who is thirteen (13) years of age or older but under eighteen (18) years of age shall be sentenced to such imprisonment, fine or other sentence as the court, in its discretion, may determine.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2011.

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