Sex Crimes: Definitions and Penalties Mississippi
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1 Sex Crimes: Definitions and Penalties Mississippi Rape; Drugging Last Updated: December 2017 punishments for this Anything else I Statutory citation(s): 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. Imprisonment 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. 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. Applies whether the perpetrator is married to the victim or not. Miss. Code Ann (4) Rape; Assault with Intent to Ravish Any person who assaults with intent to forcibly ravish any female of previous chaste character. Imprisonment for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty.
2 Anything else I Statutory citation(s): Miss. Code Ann Chaste character: 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. Miss. Code Ann The previous chaste character of the female is an essential element of the crime of assault to commit rape, but is not an essential element of the crime of rape. Thames v. State (Miss. 1954) 221 Miss. 573, 73 So.2d 134. Sexual Battery punishments for this A person is guilty of sexual battery if he or she engages in sexual penetration with: Another person without his or her consent, or A mentally defective, mentally incapacitated or physically helpless person, or A child at least 14 but under 16 years of age, if the person is 36 or more months older than the child, or A child under 14 years of age, if the person is 24 or more months older than the child, or A child under 18 years of age 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. First offense of sexual battery without consent or with a mentally defective, mentally incapacitated or physically helpless person: Imprisonment for not more than 30 years. Second or subsequent offense of sexual battery without consent or with a mentally defective, mentally incapacitated or physically helpless person: Imprisonment for not more than 40 years. If actor is at least 18 but less than 21 years of age and is convicted of sexual battery with a child at least 14 but less than 16: Imprisonment for no more than 5 years or a fine of not more than $5,000, or both. If actor is at least 21 years of age and is convicted of sexual battery with a child at least 14 but less than 16: Imprisonment for no more than 30 years or a fine of not more than $10,000, or both, and not more than 40 years for each subsequent offense. If actor is at least 18 years of age and is convicted of sexual battery with a child under 14: Imprisonment for life of such lesser term as the court may determine, but not less than 20 years.
3 Anything else I Statutory citation(s): If actor is at least 13 but less than 18 years of age and is convicted of sexual battery: Imprisonment, fine, or other sentence as the court may determine. Sexual penetration: Cunnilingus, fellatio, buggery or pederasty, any penetration of the genital or anal openings of another person s body by any part of a person s body, or insertion of any object into the genital or anal openings of another person s body. Mentally defective person: One who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct. Mentally incapacitated person: One rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or other substance administered to that person without his or her consent. Physically helpless person: One who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act. Defense of Marriage: A person is not guilty of sexual battery if the alleged victim is that person's legal spouse and at the time of the alleged offense such person and the alleged victim are not separated and living apart; provided, however, that the legal spouse of the alleged victim may be found guilty of sexual battery if the legal spouse engaged in forcible sexual penetration without the consent of the alleged victim. Miss. Code Ann Miss. Code Ann Statutory Rape The crime of statutory rape is committed when: Any person 17 years of age or older has sexual intercourse with a child who Is at least 14 but under 16 years of age, and Is 36 months or more younger than the person, and Is not the person s spouse; or A person of any age has sexual intercourse with a child who Is under the age of fourteen years of age, and Is 24 or more months younger than the person, and
4 Anything else I Is not the person s spouse. Statutory citation(s): Miss. Code Ann If 18 years of age or older, but under 21 years of age, and the victim is at least 14 but under 16 years of age: imprisonment for not more than 5 years or a fine of not more $5,000.00, or both. If 21 years of age or older and the victim is at least 14 but under 16 years of age: imprisonment of not more than 30 years or a fine of not more than $10,000.00, or both, for the first offense, and not more than 40 years imprisonment for each subsequent offense. If 18 years of age or older and the victim is under 14 years old: imprisonment for life or such lesser term of imprisonment as the court may determine, but not less than 20 years; If 13 years of age or older but under 18 years of age: imprisonment, fine or other sentence as the court, in its discretion, may determine. Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape. Mistake of age is not a defense, including if a victim lied about his or her age. Kelly v. State (2011) 55 So.3d Sexual intercourse: 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. "Unnatural Intercourse" Anything else I should know? The detestable and abominable crime against nature committed with mankind or with a beast. Statutory citation(s): Miss. Code Ann Imprisonment for not more than 10 years. However, following the Supreme Court of the United States decision in Lawrence v. Texas, it is unconstitutional to prohibit private sexual conduct between consenting adults. Lawrence v. Texas (2003) 539 U.S Detestable and abominable crime against nature: Includes acts committed per anus or per os. Mississippi Gay Alliance v. Goudelock, 536 F.2d 1073 (5th Cir. 1976).
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