Rape; remove element of force.

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To: Judiciary B;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McLean

HOUSE BILL NO. 720

AN ACT TO AMEND SECTION 97-3-71, MISSISSIPPI CODE OF 1972, TO 1
REMOVE FORCE AS AN ELEMENT OF RAPE; TO BRING FORWARD SECTIONS 2
97-3-101, 97-3-103, 97-3-97 AND 97-3-65, MISSISSIPPI CODE OF 1972, 3
WHICH PROVIDE FOR CRIMES OF SEXUAL ASSAULT, FOR PURPOSES OF 4
AMENDMENT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 97-3-71, Mississippi Code of 1972, is 7
amended as follows: 8
97-3-71. Every person who shall be convicted of an assault 9
with intent of * * * sexual penetration of any person shall be 10
punished by imprisonment in the Penitentiary for life, or for such 11
shorter time as may be fixed by the jury, or by the court upon the 12
entry of a plea of guilty. 13
SECTION 2. Section 97-3-101, Mississippi Code of 1972, is 14
brought forward as follows: 15
97-3-101. (1) Every person who shall be convicted of sexual 16
battery under Section 97-3-95(1)(a), (b) or (2) shall be 17
imprisoned in the State Penitentiary for a period of not more than 18
thirty (30) years, and for a second or subsequent such offense 19
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shall be imprisoned in the Penitentiary for not more than forty 20
(40) years. 21
(2) (a) Every person who shall be convicted of sexual 22
battery under Section 97-3-95(1)(c) who is at least eighteen (18) 23
but under twenty-one (21) years of age shall be imprisoned for not 24
more than five (5) years in the State Penitentiary or fined not 25
more than Five Thousand Dollars ($5,000.00), or both; 26
(b) Every person who shall be convicted of sexual 27
battery under Section 97-3-95(1)(c) who is twenty-one (21) years 28
of age or older shall be imprisoned not more than thirty (30) 29
years in the State Penitentiary or fined not more than Ten 30
Thousand Dollars ($10,000.00), or both, for the first offense, and 31
not more than forty (40) years in the State Penitentiary for each 32
subsequent offense. 33
(3) Every person who shall be convicted of sexual battery 34
under Section 97-3-95(1)(d) who is eighteen (18) years of age or 35
older shall be imprisoned for life in the State Penitentiary or 36
such lesser term of imprisonment as the court may determine, but 37
not less than twenty (20) years. 38
(4) Every person who shall be convicted of sexual battery 39
who is thirteen (13) years of age or older but under eighteen (18) 40
years of age shall be sentenced to such imprisonment, fine or 41
other sentence as the court, in its discretion, may determine. 42
(5) (a) Upon conviction under this section, the court may 43
issue a criminal sexual assault protection order prohibiting the 44
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offender from any contact with the victim, without regard to the 45
relationship between the victim and offender. The court may 46
include in a criminal sexual assault protection order any relief 47
available under Section 93-21-15. The term of a criminal sexual 48
assault protection order shall be for a time period determined by 49
the court, but all orders shall, at a minimum, remain in effect 50
for a period of two (2) years following the expiration of any 51
sentence of imprisonment and subsequent period of community 52
supervision, conditional release, probation, or parole. Upon 53
issuance of a criminal sexual assault protection order, the clerk 54
of the issuing court shall enter the order in the Mississippi 55
Protection Order Registry within twenty-four (24) hours of 56
issuance with no exceptions for weekends or holidays as provided 57
in Section 93-21-25, and a copy must be provided to both the 58
victim and offender. 59
(b) Criminal sexual assault protection orders shall be 60
issued on the standardized form developed by the Office of the 61
Attorney General. 62
(c) It is a misdemeanor to knowingly violate any 63
condition of a criminal sexual assault protection order. Upon 64
conviction for a violation, the defendant shall be punished by a 65
fine of not more than Five Hundred Dollars ($500.00) or by 66
imprisonment in the county jail for not more than six (6) months, 67
or both. Any sentence imposed for the violation of a criminal 68
sexual assault protection order shall run consecutively to any 69
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other sentences imposed on the offender. The court may extend the 70
criminal sexual assault protection order for a period of one (1) 71
year for each violation. The incarceration of a person at the 72
time of the violation is not a bar to prosecution under this 73
section. Nothing in this subsection shall be construed to 74
prohibit the imposition of any other penalties or disciplinary 75
action otherwise allowed by law or policy. 76
SECTION 3. Section 97-3-103, Mississippi Code of 1972, is 77
brought forward as follows: 78
97-3-103. Sections 97-3-95 through 97-3-103 shall not be 79
held to repeal, modify or amend any other criminal statute of this 80
state. 81
SECTION 4. Section 97-3-97, Mississippi Code of 1972, is 82
brought forward as follows: 83
97-3-97. For purposes of Sections 97-3-95 through 97-3-103 84
the following words shall have the meaning ascribed herein unless 85
the context otherwise requires: 86
(a) "Sexual penetration" includes cunnilingus, 87
fellatio, buggery or pederasty, any penetration of the genital or 88
anal openings of another person's body by any part of a person's 89
body, and insertion of any object into the genital or anal 90
openings of another person's body. 91
(b) A "mentally defective person" is one who suffers 92
from a mental disease, defect or condition which renders that 93
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person temporarily or permanently incapable of knowing the nature 94
and quality of his or her conduct. 95
(c) A "mentally incapacitated person" is one rendered 96
incapable of knowing or controlling his or her conduct, or 97
incapable of resisting an act due to the influence of any drug, 98
narcotic, anesthetic, or other substance administered to that 99
person without his or her consent. 100
(d) A "physically helpless person" is one who is 101
unconscious or one who for any other reason is physically 102
incapable of communicating an unwillingness to engage in an act. 103
SECTION 5. Section 97-3-65, Mississippi Code of 1972, is 104
brought forward as follows: 105
97-3-65. (1) The crime of statutory rape is committed when: 106
(a) Any person seventeen (17) years of age or older has 107
sexual intercourse with a child who: 108
(i) Is at least fourteen (14) but under sixteen 109
(16) years of age; 110
(ii) Is thirty-six (36) or more months younger 111
than the person; and 112
(iii) Is not the person's spouse; or 113
(b) A person of any age has sexual intercourse with a 114
child who: 115
(i) Is under the age of fourteen (14) years; and 116
(ii) Is twenty-four (24) or more months younger 117
than the person. 118
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(2) Neither the victim's consent nor the victim's lack of 119
chastity is a defense to a charge of statutory rape. 120
(3) Upon conviction for statutory rape, the defendant shall 121
be sentenced as follows: 122
(a) If eighteen (18) years of age or older, but under 123
twenty-one (21) years of age, and convicted under subsection 124
(1)(a) of this section, to imprisonment for not more than five (5) 125
years in the State Penitentiary or a fine of not more than Five 126
Thousand Dollars ($5,000.00), or both; 127
(b) If twenty-one (21) years of age or older and 128
convicted under subsection (1)(a) of this section, to imprisonment 129
of not more than thirty (30) years in the State Penitentiary or a 130
fine of not more than Ten Thousand Dollars ($10,000.00), or both, 131
for the first offense, and not more than forty (40) years in the 132
State Penitentiary for each subsequent offense; 133
(c) If eighteen (18) years of age or older and 134
convicted under subsection (1)(b) of this section, to imprisonment 135
for life in the State Penitentiary or such lesser term of 136
imprisonment as the court may determine, but not less than twenty 137
(20) years; 138
(d) If thirteen (13) years of age or older but under 139
eighteen (18) years of age and convicted under subsection (1)(a) 140
or (1)(b) of this section, such imprisonment, fine or other 141
sentence as the court, in its discretion, may determine. 142
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(4) (a) Every person who shall have forcible sexual 143
intercourse with any person, or who shall have sexual intercourse 144
not constituting forcible sexual intercourse or statutory rape 145
with any person without that person's consent by administering to 146
such person any substance or liquid which shall produce such 147
stupor or such imbecility of mind or weakness of body as to 148
prevent effectual resistance, upon conviction, shall be imprisoned 149
for life in the State Penitentiary if the jury by its verdict so 150
prescribes; and in cases where the jury fails to fix the penalty 151
at life imprisonment, the court shall fix the penalty at 152
imprisonment in the State Penitentiary for any term as the court, 153
in its discretion, may determine. 154
(b) This subsection (4) shall apply whether the 155
perpetrator is married to the victim or not. 156
(5) In all cases where a victim is under the age of sixteen 157
(16) years, it shall not be necessary to prove penetration where 158
it is shown the genitals, anus or perineum of the child have been 159
lacerated or torn in the attempt to have sexual intercourse with 160
the child. 161
(6) (a) Upon conviction under this section, the court may 162
issue a criminal sexual assault protection order prohibiting the 163
offender from any contact with the victim, without regard to the 164
relationship between the victim and offender. The court may 165
include in a criminal sexual assault protection order any relief 166
available under Section 93-21-15. The term of a criminal sexual 167
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assault protection order shall be for a time period determined by 168
the court, but all orders shall, at a minimum, remain in effect 169
for a period of two (2) years after the expiration of any sentence 170
of imprisonment and subsequent period of community supervision, 171
conditional release, probation, or parole. Upon issuance of a 172
criminal sexual assault protection order, the clerk of the issuing 173
court shall enter the order in the Mississippi Protection Order 174
Registry within twenty-four (24) hours of issuance, with no 175
exceptions for weekends or holidays as provided in Section 176
93-21-25, and a copy must be provided to both the victim and 177
offender. 178
(b) Criminal sexual assault protection orders shall be 179
issued on the standardized form developed by the Office of the 180
Attorney General. 181
(c) It is a misdemeanor to knowingly violate any 182
condition of a criminal sexual assault protection order. Upon 183
conviction for a violation, the defendant shall be punished by a 184
fine of not more than Five Hundred Dollars ($500.00) or by 185
imprisonment in the county jail for not more than six (6) months, 186
or both. Any sentence imposed for the violation of a criminal 187
sexual assault protection order shall run consecutively to any 188
other sentences imposed on the offender. The court shall also be 189
empowered to extend the criminal sexual assault protection order 190
for a period of one (1) year for each violation. The 191
incarceration of a person at the time of the violation is not a 192
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ST: Rape; remove element of force.
bar to prosecution under this section. Nothing in this subsection 193
shall be construed to prohibit the imposition of any other 194
penalties or disciplinary action otherwise allowed by law or 195
policy. 196
(7) For the purposes of this section, "sexual intercourse" 197
shall mean a joining of the sexual organs of a male and female 198
human being in which the penis of the male is inserted into the 199
vagina of the female or the penetration of the sexual organs of a 200
male or female human being in which the penis or an object is 201
inserted into the genitals, anus or perineum of a male or female. 202
SECTION 6. This act shall take effect and be in force from 203
and after July 1, 2026. 204