Sexual battery; create a mandatory minimum for penalties., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary B

By: Representatives Remak, Hulum, Hall, Harris, Hurst, Owen,
McLean

House Bill 525

(As Sent to Governor)

AN ACT TO AMEND SECTION 97-3-101, MISSISSIPPI CODE OF 1972,
TO CREATE A MANDATORY MINIMUM FOR THE CRIME OF SEXUAL BATTERY; AND FOR RELATED
PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.  Section
97-3-101, Mississippi Code of 1972, is amended as follows:

97-3-101.  (1)  (a)  Every person who shall be convicted of sexual
battery under Section 97-3-95(1)(a) * * *, or (b) * * * or (2) shall be imprisoned in the State
Penitentiary for a period of not more than thirty (30) years, and for a second
or subsequent such offense shall be imprisoned in the Penitentiary for not more
than forty (40) years.

(b)  Every person who
shall be convicted of sexual battery under Section 97-3-95(2) shall be
committed to the custody of the Mississippi Department of Corrections for a
period of not less than five (5) years, nor more than thirty (30) years, and
for a second or subsequent such offense shall serve a term of no less than ten
(10) years, nor more than forty (40) years.

(2)  (a)  Every person who
shall be convicted of sexual battery under Section 97-3-95(1)(c) who is at
least eighteen (18) but under twenty-one (21) years of age shall be imprisoned
for not more than five (5) years in the State Penitentiary or fined not more
than Five Thousand Dollars ($5,000.00), or both;

(b)  Every person who
shall be convicted of sexual battery under Section 97-3-95(1)(c) who is twenty-one
(21) years of age or older shall be imprisoned not more than thirty (30) years
in the State Penitentiary or fined not more than Ten Thousand Dollars
($10,000.00), or both, for the first offense, and not more than forty (40)
years in the State Penitentiary for each subsequent offense.

(3)  Every person who shall
be convicted of sexual battery under Section 97-3-95(1)(d) who is eighteen (18)
years of age or older shall be imprisoned for life in the State Penitentiary or
such lesser term of imprisonment as the court may determine, but not less than
twenty (20) years.

(4)  Every person who shall
be convicted of sexual battery who is thirteen (13) years of age or older but
under eighteen (18) years of age shall be sentenced to such imprisonment, fine
or other sentence as the court, in its discretion, may determine.

(5)  (a)  Upon conviction
under this section, 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 court may include in
a criminal sexual assault protection order any relief available under Section
93-21-15.  The term of a criminal sexual assault protection order shall be for
a time period determined by the court, but all orders shall, at a minimum,
remain in effect for a period of two (2) years following the expiration of any
sentence of imprisonment and subsequent period of community supervision,
conditional release, probation, or parole.  Upon issuance of a criminal sexual
assault protection order, the clerk of the issuing court shall enter the order
in the Mississippi Protection Order Registry within twenty-four (24) hours of
issuance with no exceptions for weekends or holidays as provided in Section 93-21-25,
and a copy must be provided to both the victim and offender.

(b)  Criminal sexual
assault protection orders shall be issued on the standardized form developed by
the Office of the Attorney General.

(c)  It is a
misdemeanor to knowingly violate any condition of a criminal sexual assault
protection order.  Upon conviction for a violation, the defendant shall be
punished by a fine of not more than Five Hundred Dollars ($500.00) or by
imprisonment in the county jail for not more than six (6) months, or both.  Any
sentence imposed for the violation of a criminal sexual assault protection
order shall run consecutively to any other sentences imposed on the offender.
The court may extend the criminal sexual assault protection order for a period
of one (1) year for each violation.  The incarceration of a person at the time
of the violation is not a bar to prosecution under this section.  Nothing in
this subsection shall be construed to prohibit the imposition of any other
penalties or disciplinary action otherwise allowed by law or policy.

SECTION 2.  This act
shall take effect and be in force from and after July 1, 2026.