Capital rape; authorize life imprisonment or death penalty for crime of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Owen

HOUSE BILL NO. 1293

AN ACT TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO 1
CREATE THE CRIME OF CAPITAL RAPE WHEN DAMAGE TO SEXUAL ORGANS OF A 2
CHILD UNDER 12 YEARS OF AGE OCCURS; TO AMEND SECTION 97-3-71, 3
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND 4
FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 97-3-65, Mississippi Code of 1972, is 7
amended as follows: 8
97-3-65. (1) The crime of statutory rape is committed when: 9
(a) Any person seventeen (17) years of age or older has 10
sexual intercourse with a child who: 11
(i) Is at least fourteen (14) but under sixteen 12
(16) years of age; 13
(ii) Is thirty-six (36) or more months younger 14
than the person; and 15
(iii) Is not the person's spouse; or 16
(b) A person of any age has sexual intercourse with a 17
child who: 18
(i) Is under the age of fourteen (14) years; and 19
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(ii) Is twenty-four (24) or more months younger 20
than the person. 21
(c) A person eighteen (18) years of age or older who 22
has sexual intercourse with a child who: 23
(i) Is less than twelve (12) years of age; and 24
(ii) Damages the child's sexual organs. 25
(2) Neither the victim's consent nor the victim's lack of 26
chastity is a defense to a charge of statutory rape. 27
(3) Upon conviction for statutory rape, the defendant shall 28
be sentenced as follows: 29
(a) If eighteen (18) years of age or older, but under 30
twenty-one (21) years of age, and convicted under subsection 31
(1)(a) of this section, to imprisonment for not more than five (5) 32
years in the State Penitentiary or a fine of not more than Five 33
Thousand Dollars ($5,000.00), or both; 34
(b) If twenty-one (21) years of age or older and 35
convicted under subsection (1)(a) of this section, to imprisonment 36
of not more than thirty (30) years in the State Penitentiary or a 37
fine of not more than Ten Thousand Dollars ($10,000.00), or both, 38
for the first offense, and not more than forty (40) years in the 39
State Penitentiary for each subsequent offense; 40
(c) If eighteen (18) years of age or older and 41
convicted under subsection (1)(b) of this section, to imprisonment 42
for life in the State Penitentiary or such lesser term of 43
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imprisonment as the court may determine, but not less than twenty 44
(20) years; 45
(d) If thirteen (13) years of age or older but under 46
eighteen (18) years of age and convicted under subsection (1)(a) 47
or (1)(b) of this section, such imprisonment, fine or other 48
sentence as the court, in its discretion, may determine. 49
(e) If eighteen (18) years of age or older and 50
convicted under subsection (1)(c) of this section, the person 51
shall be guilty of capital rape and sentenced to death or life 52
imprisonment as provided in Section 97-3-71. 53
(4) (a) Every person who shall have forcible sexual 54
intercourse with any person, or who shall have sexual intercourse 55
not constituting forcible sexual intercourse or statutory rape 56
with any person without that person's consent by administering to 57
such person any substance or liquid which shall produce such 58
stupor or such imbecility of mind or weakness of body as to 59
prevent effectual resistance, upon conviction, shall be imprisoned 60
for life in the State Penitentiary if the jury by its verdict so 61
prescribes; and in cases where the jury fails to fix the penalty 62
at life imprisonment, the court shall fix the penalty at 63
imprisonment in the State Penitentiary for any term as the court, 64
in its discretion, may determine. 65
(b) This subsection (4) shall apply whether the 66
perpetrator is married to the victim or not. 67
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(5) In all cases where a victim is under the age of sixteen 68
(16) years, it shall not be necessary to prove penetration where 69
it is shown the genitals, anus or perineum of the child have been 70
lacerated or torn in the attempt to have sexual intercourse with 71
the child. 72
(6) (a) Upon conviction under this section, the court may 73
issue a criminal sexual assault protection order prohibiting the 74
offender from any contact with the victim, without regard to the 75
relationship between the victim and offender. The court may 76
include in a criminal sexual assault protection order any relief 77
available under Section 93-21-15. The term of a criminal sexual 78
assault protection order shall be for a time period determined by 79
the court, but all orders shall, at a minimum, remain in effect 80
for a period of two (2) years after the expiration of any sentence 81
of imprisonment and subsequent period of community supervision, 82
conditional release, probation, or parole. Upon issuance of a 83
criminal sexual assault protection order, the clerk of the issuing 84
court shall enter the order in the Mississippi Protection Order 85
Registry within twenty-four (24) hours of issuance, with no 86
exceptions for weekends or holidays as provided in Section 87
93-21-25, and a copy must be provided to both the victim and 88
offender. 89
(b) Criminal sexual assault protection orders shall be 90
issued on the standardized form developed by the Office of the 91
Attorney General. 92
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(c) It is a misdemeanor to knowingly violate any 93
condition of a criminal sexual assault protection order. Upon 94
conviction for a violation, the defendant shall be punished by a 95
fine of not more than Five Hundred Dollars ($500.00) or by 96
imprisonment in the county jail for not more than six (6) months, 97
or both. Any sentence imposed for the violation of a criminal 98
sexual assault protection order shall run consecutively to any 99
other sentences imposed on the offender. The court shall also be 100
empowered to extend the criminal sexual assault protection order 101
for a period of one (1) year for each violation. The 102
incarceration of a person at the time of the violation is not a 103
bar to prosecution under this section. Nothing in this subsection 104
shall be construed to prohibit the imposition of any other 105
penalties or disciplinary action otherwise allowed by law or 106
policy. 107
(7) For the purposes of this section, "sexual intercourse" 108
shall mean a joining of the sexual organs of a male and female 109
human being in which the penis of the male is inserted into the 110
vagina of the female or the penetration of the sexual organs of a 111
male or female human being in which the penis or an object is 112
inserted into the genitals, anus or perineum of a male or female. 113
SECTION 2. Section 97-3-71, Mississippi Code of 1972, is 114
amended as follows: 115
97-3-71. (1) (a) * * * Except as otherwise provided in 116
subsection (2) of this section, every person who shall be 117
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convicted of an assault with intent of forcible sexual penetration 118
of any person shall be punished by imprisonment in the 119
Penitentiary for life, or for such shorter time as may be fixed by 120
the jury, or by the court upon the entry of a plea of guilty. 121
(b) Every person who is eighteen (18) years of age or 122
older who shall be convicted of an assault with intent of forcible 123
sexual penetration of a person less than twelve (12) years old and 124
damages the child's sexual organs shall be guilty of capital rape 125
and sentenced to death or life imprisonment. 126
(c) If the prosecutor intends to seek the death 127
penalty, the prosecutor must give notice to the defendant and file 128
the notice with the court within forty-five (45) days after 129
arraignment. The notice must contain a list of the aggravating 130
factors the state intends to prove and has reason to believe it 131
can prove beyond a reasonable doubt. The court may allow the 132
prosecutor to amend the notice upon a showing of good cause. 133
(d) Upon conviction or adjudication of guilt of a 134
defendant of a capital rape, the court shall conduct a separate 135
sentencing proceeding to determine whether the defendant should be 136
sentenced to death or life imprisonment as authorized. The 137
proceeding shall be conducted by the trial judge before the trial 138
jury as soon as practicable. If, through impossibility or 139
inability, the trial jury is unable to reconvene for a hearing on 140
the issue of penalty, having determined the guilt of the accused, 141
the trial judge may summon a special juror or jurors determine the 142
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issue of the imposition of the penalty. If the trial jury has 143
been waived, or if the defendant pleaded guilty, the sentencing 144
proceeding shall be conducted before a jury impaneled for that 145
purpose, unless waived by the defendant. In the proceeding, 146
evidence may be presented as to any matter that the court deems 147
relevant to the nature of the crime and the character of the 148
defendant and shall include matters relating to any of the 149
aggravating factors enumerated or mitigating circumstances in 150
paragraph (e). Any such evidence that the court deems to have 151
probative value may be received, regardless of its admissibility 152
under the exclusionary rules of evidence, provided the defendant 153
is accorded a fair opportunity to rebut any hearsay statements. 154
However, this subsection shall not be construed to authorize the 155
introduction of any evidence secured in violation of the United 156
States Constitution or the Mississippi Constitution. The state 157
and the defendant or the defendant's counsel shall be permitted to 158
present argument for or against a sentence of death. 159
(e) Aggravating factors shall be limited to the 160
following: 161
(i) The capital felony was committed by a person 162
previously convicted of a felony violation; 163
(ii) The defendant was previously convicted of 164
another felony or of a felony involving the use or threat of 165
violence to a person; 166
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(iii) The capital felony was committed by a person 167
registered as a sexual offender or a person previously designated 168
as a sexual predator who had the sexual predator designation 169
removed; 170
(iv) The defendant knowingly created a great risk 171
of death to one or more persons such that participation in the 172
offense constituted reckless indifference or disregard for human 173
life; 174
(v) The defendant used a firearm or knowingly 175
directed, advised, authorized, or assisted another to use a 176
firearm to threaten, intimidate, assault, or injure a person in 177
committing the offense or in furtherance of the offense; 178
(vi) The capital felony was committed for 179
pecuniary gain; 180
(vii) The capital felony was especially heinous, 181
atrocious, or cruel; or 182
(viii) The victim of the capital felony was 183
particularly vulnerable due to age or disability, or because the 184
defendant stood in a position of familial or custodial authority 185
over the victim. 186
(f) Mitigating circumstances shall be the following: 187
(i) The defendant has no significant history of 188
prior criminal activity. 189
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ST: Capital rape; authorize life imprisonment
or death penalty for crime of.
(ii) The capital felony was committed while the 190
defendant was under the influence of extreme mental or emotional 191
disturbance. 192
(iii) The defendant was an accomplice in the 193
capital felony committed by another person and his or her 194
participation was relatively minor. 195
(iv) The defendant acted under extreme duress or 196
under the substantial domination of another person. 197
(v) The capacity of the defendant to appreciate 198
the criminality of his or her conduct or to conform his or her 199
conduct to the requirements of law was substantially impaired. 200
(vi) The age of the defendant at the time of the 201
crime. 202
(vii) The existence of any other factors in the 203
defendant's background that would mitigate against imposition of 204
the death. 205
SECTION 3. This act shall take effect and be in force from 206
and after July 1, 2026. 207