Bill Text: MS SB2186 | 2019 | Regular Session | Introduced
Bill Title: Age of consent; revise a principal's responsibility to report a teacher/student sexual relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2186 Detail]
Download: Mississippi-2019-SB2186-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
Senate Bill 2186
AN ACT TO AMEND SECTION 97-5-24, MISSISSIPPI CODE OF 1972, TO REVISE THE RESPONSIBILITY TO REPORT UNLAWFUL SEXUAL ACTIVITY BETWEEN A SCHOOL EMPLOYEE AND A STUDENT OF THAT SCHOOL; TO AMEND SECTION 97-29-3, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF CONSENT BETWEEN A MINOR AND A TEACHER; TO AMEND SECTION 97-3-95, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF CONSENT BETWEEN A MINOR AND A PERSON OF TRUST AND AUTHORITY OVER THE MINOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-5-24, Mississippi Code of 1972, is amended as follows:
97-5-24. If any person
eighteen (18) years or older who is employed by any public school district or
private school in this state is accused of fondling or having any type of
sexual involvement with any child under the age of * * * twenty-one (21) years who
is enrolled in such school, the principal of * * * the school and the superintendent
of * * * the
school district shall timely notify the district attorney with jurisdiction
where the school is located of such accusation, the Mississippi Department of
Education and the Department of Human Services, * * * if the accusation is
reported to the principal and to the school superintendent and * * * if there is a reasonable basis to
believe that * * *
the accusation is true. Any superintendent, or his designee, who fails
to make a report required by this section shall be subject to the penalties
provided in Section 37-11-35. Any superintendent, principal, teacher or other
school personnel participating in the making of a required report pursuant to
this section or participating in any judicial proceeding resulting therefrom
shall be presumed to be acting in good faith. Any person reporting in good
faith shall be immune from any civil liability that might otherwise be incurred
or imposed.
SECTION 2. Section 97-29-3, Mississippi Code of 1972, is amended as follows:
97-29-3. If any teacher eighteen
(18) years of age or older and any pupil of the teacher who is under * * * twenty-one (21) years of
age * * *,
not being married to each other, shall have sexual intercourse, each with the
other, they shall, for every such offense, be fined in any sum, not more than
Five Hundred Dollars ($500.00) each, and the teacher may be imprisoned not less
than three (3) months nor more than six (6) months.
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 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 * * * twenty-one (21) 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 4. This act shall take effect and be in force from and after July 1, 2019.
