MS Sexual Assault Laws At-A-Glance
- Sexual intercourse includes males and females in which the penis or an object is inserted into the genitals, anus or perineum of a male or female.
- Sexual Battery and Sexual Exploitation can be ANY type of sexual act.
- Sexual battery is any penetration of the anus or vagina by any instrument (tongue, finger, broom handle) or mouth by the penis.
Under MS Sexual Assuault Law, the following is prohibited:
- Can’t force someone to engage in sexual intercourse – use of gun, knife, threat, etc.
- Lustful touching; can’t touch a minor anywhere for lustful purposes. A minor is under age 16.
- Can’t use a computer to entice a minor across state lines for sex. A minor is under age 18.
- Can’t have sex with someone under 18 if you are in a position of authority.
- Can’t have sex with someone if you use drugs to control them.
- Can’t have sex with someone if you are more than 24 months older than the victim; victim is under age 14.
- Can’t have sex with someone if you are 36 months older than the victim; the victim is between ages 14 – 16.
MS Penalty a second conviction of any of the following or a conviction of more than one of these is punishable by life in prison without the possibility of parole.
- Penalty range from 5 to 30 years imprisonment and/or a fine of $5,000 to $10,000 for the first offense.
- Eighteen (18) years of age or older can get life in prison.
- Sexual Assault under the influence has a penalty of life in prison.
- Statutory Rape sentencing range is 20 years to life for second or subsequent offense.
- Sexual Battery sentencing range is 20 years to life for second or subsequent offense.
- Exploitation of Child sentencing range is 20 years to life and $500K to $1M for second or subsequent offense.
- Fondling of a child, mentally defective or incapacitated person or physically helpless person – sentencing range is 20 years, with at least one-half to be served, for second or subsequent offense.