HOUSE BILL NO. 195
AN ACT TO CREATE NEW SECTION 97-3-9, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE CRIME OF INDECENT ASSAULT; TO PROVIDE PENALTIES FOR VIOLATION OF SUCH CRIME; TO PROVIDE THAT THIS PROVISION OF LAW SHALL NOT BE CONSTRUED TO PREVENT, LIMIT OR RESTRICT PROSECUTION AND CONVICTION OF ANY PERSON UNDER ANY OTHER PROVISION OF LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 97-3-9, Mississippi Code of 1972:
97-3-9. (1) A person is guilty of indecent assault if he or she, with the intent to gratify his or her lust, knowingly and intentionally, with any part of his or her body, or any fluid, feces or urine from his or her body:
(a) Touches any person on the breast, buttock, inner thigh, groin, genital area or anal area without the consent of the person being touched, whether beneath or outside the other person’s clothing; or
(b) Causes another person to touch the breast, buttock, inner thigh, groin, genital area or anal area of the person causing the touching, without the consent of the person who is performing the touching, whether beneath or outside the person’s clothing; or
(c) Causes any person to touch the breast, buttock, inner thigh, groin, genital area or anal area of another person without the consent of the person being touched, whether beneath or outside the other person’s clothing.
(2) For purposes of this section, “consent” means conscious and explicit permission given without the influence of any drug, counterfeit drug or other paraphernalia, or force or threat of force. “Consent” shall not mean conscious and explicit permission given by any child as provided by the laws of this state, or any mentally defective, incapacitated, physically helpless or vulnerable person as provided by the laws of this state.
(3) A first or second conviction in violation of this section, shall be punished as a misdemeanor, with a fine of not less than Five Hundred Dollars ($500.00) and no more than One Thousand Five Hundred Dollars ($1,500.00) or imprisoned in the municipal or county jail for not more than six (6) months. A third or subsequent conviction in violation of this section, with the preceding convictions having occurred within a period of five (5) years, whether against the same or different victim, shall be punished as a felony with a fine of not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary for not more than three (3) years, or both.
(4) Nothing in this section shall be construed to prevent, limit or restrict prosecution and conviction of any person under any other provision of law.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.