Mississippi -- Age of Consent

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[EDITOR NOTE:  We certainly could use better info about Miss Laws on the subject.]

 

Interesting Supreme Court Case referencing Age of Consent and Statutory Rape Laws:
http://www.mssc.state.ms.us/decisions/search/DecisionText.asp?FullTextIDNum=3139&CiteFlag=False

 

New Source on Mississippi Laws on Sexual Offenses - but we don't know dates!
http://www.watervalley.net/users/rcs/rcsmslaws.html

Statutory Rape

 

 

If you go to the Lexis-Nexis site   http//198.187.128.12/mississippi/lpext.dll/Infobase/34796/347e3?f=templates&fn=document-frame.htm&2.0
 You find 97-3-67. Repealed. Repealed by Laws, 1998, ch. 549, 6, eff from and after July 1, 1998. [Codes, Hemingway's 1917, 1093; 1930, 1123; 1942, 2359; Laws, 1914, ch. 171; 1962, ch. 320; 1980, ch. 390; 1985, ch. 389, 4]

Section 97-3-67
Any person who shall have carnal knowledge of an unmarried person of previously chaste character younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, upon conviction, shall be punished either by a fine not exceeding Five Hundred Dollars ($500), or by imprisonment in the county jail not longer than six (6) months, or by both such fine and imprisonment or by imprisonment in the penitentiary not exceeding five (5) years; and such punishment, within said limitation, shall be fixed by the jury trying the case, or by the court upon the entry of a plea of guilty.

Section 97-3-69
In the trial of all cases under the last preceding section, it shall be presumed that the female was previously of chaste character, and the burden shall be upon the defendant to show that she was not; but no person shall be convicted upon the uncorroborated testimony of the injured female.

 

 

 

 

 

 

Mississippi Legislature
1998 Regular Session

Subject: CRIMES AND OFFENSES - SEX

As of 04/21/98 at 09:06


HB  64  Sexual consent; revise age.                               Ellington

           02/03 (H) Died In Committee


HB 388  Sexual consent; revise age.                               Clark

           02/03 (H) Died In Committee


HB 603  Date rape drugs; clarify criminality, include in          Green (72nd)

 *      Schedule I and revise age of consent.                  

           03/03 (S) Died In Committee

HB 834  Teenage pregnancy; create task force and raise sexual     Ellington

 *      consent age to reduce.                                 

           04/14 Approved by Governor

HB 880  Fondling; revise to apply to certain minors.              Scott (80th)

           02/03 (H) Died In Committee

                   
HB1258  Fondling; revise age.                                     Compretta

           02/03 (H) Died In Committee

HB1409  Sex crimes; revise age of consent.                        Scott (80th)

           02/03 (H) Died In Committee

HB1485  Sexual predators; revise civil commitment at expiration   Stribling

        of sentence.                                           

           02/03 (H) Died In Committee

SB2016  Sex crimes; revise age of consent.                        Simmons

           02/03 (S) Died In Committee

SB2022  Sex crimes; revise juvenile age of consent, create        Smith

        crime of unlawful intercourse.                         

           02/03 (S) Died In Committee

SB2048  Crimes; revise statutory rape.                            Nunnelee

           02/03 (S) Died In Committee

SB2159  Sex crimes; revise rape and statutory rape, create        Nunnelee

        crime of unlawful intercourse.                         

           02/03 (S) Died In Committee

SB2304  Sex offenses; require hormonal chemical treatment for     Smith

        second.                                                

           02/03 (S) Died In Committee

SB2362  Sex crimes; revise rape and statutory rape, create        Smith

        crime of unlawful intercourse.                         

           02/03 (S) Died In Committee

SB3017  Rape of child under 14; must be knowing and willful.      Walls

           02/03 (S) Died In Committee
http://billstatus.ls.state.ms.us/1998/subjects/C785-35.htm

 

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare; Appropriations

By: Representative Ellington

 

House Bill 834

(As Sent to Governor)

 

AN ACT TO AMEND SECTION 43-17-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TASK FORCE ESTABLISHED BY THE DEPARTMENT OF HUMAN SERVICES IN 1997 TO STUDY THE INCIDENCE OF OUT-OF-WEDLOCK PREGNANCIES IN MISSISSIPPI SHALL CONTINUE IN EXISTENCE AND SHALL STUDY THE EFFECT THAT RAISING THE STATUTORY AGE OF SEXUAL CONSENT TO AGE 16 HAS ON PREVENTING AND REDUCING THE INCIDENCE OF TEENAGE OUT-OF-WEDLOCK PREGNANCIES IN MISSISSIPPI, AND WHETHER RAISING THE AGE OF SEXUAL CONSENT TO AN AGE ABOVE AGE 16 WOULD BE MORE EFFECTIVE IN ACHIEVING THAT GOAL; TO AMEND SECTIONS 97-3-65, 97-3-95 AND 97-5-23, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF SEXUAL CONSENT; TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR SEXUAL BATTERY; TO REPEAL SECTION 97-3-67, MISSISSIPPI CODE OF 1972, WHICH SPECIFIES THE PENALTY FOR CARNAL KNOWLEDGE OF AN UNMARRIED PERSON BETWEEN THE AGES OF 14 AND 18; TO REPEAL SECTION 97-5-21, MISSISSIPPI CODE OF 1972, WHICH SPECIFIES THE PENALTY FOR SEDUCTION OF A CHILD UNDER THE AGE OF 18; TO PROVIDE FOR A PUBLIC INFORMATION CAMPAIGN; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-17-35, Mississippi Code of 1972, is amended as follows:

43-17-35. (1) In the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), the United States Congress made the following findings relating to out-of-wedlock pregnancies:

(a) The increase of out-of-wedlock pregnancies and births is well documented.

(b) An effective strategy to combat teenage pregnancy must address the issue of male responsibility, including statutory rape culpability and prevention. The increase of teenage pregnancies among the youngest girls is particularly severe and is linked to predatory sexual practices by men who are significantly older.

(c) The negative consequences of an out-of-wedlock birth on the mother, the child, the family and society are well documented.

(d) Currently thirty-five percent (35%) of children in single-parent homes are born out of wedlock, nearly the same percentage as that of children in single-parent homes whose parents are divorced. While many parents find themselves, through divorce or tragic circumstances beyond their control, facing the difficult task of raising children alone, nevertheless, the negative consequences of raising children in single-parent homes are well documented.

(e) Therefore, in light of this demonstration of the crisis in our nation, it is the sense of the Congress that prevention of out-of-wedlock births are very important government interests and the policy contained in this legislation is intended to address the crisis.

(2) The Department of Human Services shall establish a task force in compliance with Public Law 104-193, consisting of public and private organizations and individuals to review the incidence and circumstances of out-of-wedlock pregnancies in Mississippi. Based on these findings, goals will be established by the task force and a specific program will be recommended to prevent and reduce the incidence of out-of-wedlock pregnancies in Mississippi, as well as the efficiency and cost effectiveness of the program, with special emphasis on teenage pregnancies. The task force will establish numerical goals for reducing the illegitimacy ratio of the state as defined by federal law through calendar year 2005. The task force shall publish its findings and recommendations with any proposed legislation in a report to the Governor and the Legislature to be made on or before January 1, 1998.

(3) The task force established under subsection (2) of this section shall continue in existence and shall study the effect that raising the statutory age of sexual consent to age sixteen (16) has on preventing and reducing the incidence of teenage out-of-wedlock pregnancies in Mississippi from July 1, 1998, to October 1, 1999. The task force shall consider whether raising the age of sexual consent to an age above age sixteen (16) would be more effective in preventing and reducing the incidence of teenage out-of-wedlock pregnancies in Mississippi. The task force shall publish its findings and recommendations, together with any proposed legislation, in a report to the Governor and the Legislature on or before January 1, 2000.

SECTION 2. 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.

(c) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.

(2) * * * 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 paragraph (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary 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 paragraph (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 State Penitentiary for each subsequent offense;

(c) If eighteen (18) years of age or older and convicted under paragraph (1)(b) of this section, to imprisonment for life in the State Penitentiary 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 paragraphs (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.

(3) (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 State Penitentiary 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 State Penitentiary for any term as the court, in its discretion, may determine.

(b) This subsection (3) shall apply whether the perpetrator is married to the victim or not.

(4) 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.

(5) 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.

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 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 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) or (b) shall be imprisoned in the State Penitentiary 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 State Penitentiary 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 State Penitentiary 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 State Penitentiary 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 State Penitentiary 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 5. 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 nor more than fifteen (15) 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 two (2) years nor more than fifteen (15) 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.

(3) Upon a second conviction for an offense under this section, the person so convicted shall be punished by commitment to the State Department of Corrections for a term not to exceed twenty (20) years, however, upon conviction and sentencing, the offender shall serve at least one-half (1/2) of the sentence so imposed.

SECTION 6. Section 97-3-67, Mississippi Code of 1972, which specifies the penalty for carnal knowledge of an unmarried person between the ages of fourteen (14) and eighteen (18), is repealed.

SECTION 7. Section 97-5-21, Mississippi Code of 1972, which specifies the penalty for seduction of a child under the age of eighteen (18), is repealed.

SECTION 8. The Department of Human Services is hereby directed to establish an informational campaign in order to disseminate to the public appropriate information concerning the statutory rape laws, subject to the approval of the office of the Attorney General as to the substantive content of the information to be disseminated.

SECTION 9. This act shall take effect and be in force from and after July 1, 1998.

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