Bill Text: MS SB2166 | 2016 | Regular Session | Introduced
Bill Title: Statutory rape; raise age of consent.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [SB2166 Detail]
Download: Mississippi-2016-SB2166-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division A
By: Senator(s) Polk
Senate Bill 2166
AN ACT TO AMEND SECTIONS 97-3-65, 97-3-95 AND 97-3-101, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE AT WHICH A MINOR IS CAPABLE OF CONSENSUAL SEXUAL INTERCOURSE; 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 under circumstances not constituting rape under subsection (4), when:
(a) * * * A person * * * eighteen (18) years of
age or older has sexual intercourse with a child who:
(i) Is at least
fourteen (14) but under * * * sixteen (16) eighteen (18) 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 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 * * * custody of the
Department of Corrections 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 * * * 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) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.
(4) (a) (i) Every
person who * * *
has forcible sexual intercourse with any person * * * is guilty of rape.
(ii) Every
person who * * * has sexual intercourse not constituting forcible sexual
intercourse or statutory rape with any person without that person's consent by
administering to * * *
the person any substance or liquid which shall produce such stupor or
such imbecility of mind or weakness of body as to prevent effectual resistance * * * is guilty of rape.
(iii) A person
found guilty of rape 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. * * * A person is guilty of sexual battery if
he or she engages in sexual penetration with:
(a) Another person
without * * *
that person's consent;
(b) A mentally defective, mentally incapacitated or physically helpless person;
(c) A child at least
fourteen (14) but under * * * sixteen (16) eighteen (18) 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.
* * *
SECTION 3. Section 97-3-101, Mississippi Code of 1972, is amended as follows:
97-3-101. (1) Every person
who * * *
is 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 * * * is 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 * * * is 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 * * * is 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 eighteen (18) years of age 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.
