Bill Text: MS SB2464 | 2012 | Regular Session | Introduced
Bill Title: Crimes; increase penalty for touching child or a mentally defective, incapacitated, or helpless person for lustful purposes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [SB2464 Detail]
Download: Mississippi-2012-SB2464-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary, Division B
By: Senator(s) McDaniel
Senate Bill 2464
AN ACT TO AMEND SECTION 97-5-23, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR THE TOUCHING OF A CHILD OR A MENTALLY DEFECTIVE, MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS PERSON FOR LUSTFUL PURPOSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-5-23, Mississippi Code of 1972, is amended as follows:
97-5-23. (1) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child under the age of sixteen (16) years, with or without the child's consent, or a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years but not more than thirty (30) years, or be punished by both such fine and imprisonment, at the discretion of the court.
(2) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent, when the person occupies a position of trust or authority over the child shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than five (5) years but not more than thirty (30) years, or be punished by both such fine and imprisonment, at the discretion of the court. A person in a position of trust or authority over a child includes, without limitation, a child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.
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SECTION 2. This act shall take effect and be in force from and after July 1, 2012.
