Mississippi Sexual Battery Laws

Sexual Battery in Mississippi refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Mississippi, sexual battery is codified in the law as sexual penetration by a defendant, unlike many other states. While other laws cover lewd conduct and indecent exposure, sexual battery is defined as: “engages in sexual penetration with:

• Another person without his or her consent;
• A mentally defective, mentally incapacitated or physically helpless person; or
• A child under the age of fourteen (14) years.

Penalties for Sexual Battery in Mississippi

The penalty for sexual battery is a felony, with the following sentencing guidelines:

• Up to 30 years in when committed w/o consent, victim is mentally defective/ incapacitated or physically helpless, or victim is under 18 w/ actor as authority;
• If victim is 14-16, and actor is 18-21, sentence of not more than 5 years, fine up to $5,000, or both; if actor is 21+, sentence not more than 30 years, fined up to $10,000, or both; up to 40 years for subsequent offense
• If victim is under 14 and actor is 18+, then sentence of 20 years-life; if actor is 13-18, court determines sentence

Defense of a Sexual Battery in Mississippi 
The list of defenses for Sexual battery in Mississippi here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Mississippi

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.