Sex Crimes: Definitions and Penalties
Mississippi

• 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.
• 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.
• Upon conviction, the court may issue a criminal sexual assault protection order prohibiting the offender from any contact with the victim, without regard to the relationship between the victim and offender.  The term of a criminal sexual assault protection order shall be for a time period determined by the court, but at a minimum for 2 years after the expiration of any sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole.
• Applies whether the perpetrator is married to the victim or not.
• Absence of resistance on account of fear caused by assailant does not prevent attack being rape. Milton v. State, 142 Miss. 364, 107 So. 423 (Miss. 1926).

• Miss. Code Ann. § 97-3-65(4), (5), (7)

• Any person who assaults with intent of forcible sexual penetration of any person.

• 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.

N/A

• Miss. Code Ann. § 97-3-71

[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 14 but under 16 years of age, if the person is 36 or more months older than the child;
• [d] A child under 14 years of age, if the person is 24 or more months older than the child; or

[2] 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.

• Convicted of first offense under [1][a], [1][b] or [2]:
• Imprisonment for not more than 30 years.
• Convicted of second or subsequent offense under [1][a], [1][b] or [2]:
• Imprisonment for not more than 40 years.
• Convicted under [1][c] and actor is at least 18 but under 21 years of age shall be imprisoned for not more than 5 years or fined not more than $5,000.00, or both.
• Convicted under [1][c] and 21 or older shall be imprisoned for not more than 30 years or fined not more than $10,000.00 or both, for the first offense, and not more than 40 years for each subsequent offense.
• Convicted under [1][d] and actor is 18 years or older:
  • Imprisonment for life of such lesser term as the court may determine, but not less than 20 years.

• Convicted for sexual battery and actor is 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

• 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.

• Miss. Code Ann. § 97-3-95, § 97-3-97, § 97-3-101

• 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.

• 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 and is 36 or more months younger than the person and is not the person’s spouse: 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 and is 36 or more months younger than the person and is not the person’s spouse: 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 and is 24 or more months younger than the person: 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.
• If the victim is under 16, 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.
• Upon conviction, the court may issue a criminal sexual assault protection order prohibiting the offender from any contact with the victim, without regard to the relationship between the victim and offender.  The term of a criminal sexual assault protection order shall be for a time period determined by the court, but at a minimum for 2 years after the expiration of any sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole.
• Mistake of age is not a defense, including if a victim lied about his or her age. Kelly v. State, 55 So.3d 1147 (Miss. App. 2011).
• 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.

• Miss. Code Ann. § 97-3-65(1)-(3), (5)-(7)

• The detestable and abominable crime against nature committed with mankind or with a beast.

• 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, 539 U.S. 558 (2003).

• 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).

• Miss. Code Ann. § 97-29-59