Bill Text: MS SB2772 | 2016 | Regular Session | Introduced
Bill Title: Statutory rape; relieve children who are close in age from criminal responsibility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2772 Detail]
Download: Mississippi-2016-SB2772-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division A
By: Senator(s) Jackson (11th)
Senate Bill 2772
AN ACT TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF STATUTORY RAPE TO RELIEVE CHILDREN WHO ARE CLOSE IN AGE FROM CRIMINAL RESPONSIBILITY; TO AMEND SECTIONS 97-3-95 AND 97-3-101, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF SEXUAL BATTERY TO RELIEVE CHILDREN WHO ARE CLOSE IN AGE FROM CRIMINAL RESPONSIBILITY; 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 * * * twenty-one (21) 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; or
(c) Any person seventeen (17) years of age but under twenty-one (21) years of age has sexual intercourse with a child who:
(i) Is at least fourteen (14) but under sixteen (16) years of age;
(ii) Is forty-eight (48) 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 and convicted under subsection (1)( * * *c) 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 thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) or (1)(c) 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 custody of the
Department of Corrections 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 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 97-3-95, 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 the age of fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child.
(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.
SECTION 3. 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
Penitentiary 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) Every person who shall
be convicted of sexual battery who is thirteen (13) years of age or older but
under * * * twenty-one
(21) years of age and, for a person who is eighteen (18), nineteen (19)
or twenty (20) years old and who is not more than forty-eight (48) months older
than the child shall be sentenced to such imprisonment, fine or other
sentence as the court, in its discretion, may determine.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.
