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(For more information on assault crimes, see Simple Assault in Mississippi, and Mississippi Aggravated Assault Laws.) Under Mississippi’s laws, a person commits statutory rape by having sexual intercourse (which includes vaginal and anal sex) with: In general, punishments for the crime of statutory rape are more severe the younger the victim and the older the defendant. People in positions of authority include teachers, coaches, doctors and other medical providers, and adult family members. The crime of child enticement is committed by making the invitation to the child; it is not necessary that the child accept or that the defendant and the child ever meet or engage in any inappropriate behavior. § 97-5-5.) Punishment for statutory sex crimes in Mississippi depends on the ages of the victim and the defendant. §§ 97-3-65, 97-3-95, 97-3-101.) If the defendant is over the age of 18, but under the age of 21, and the victim is age 14 or 15, then statutory rape and sexual battery are punishable by up to five years in prison and a fine of up to ,000. §§ 97-3-65, 97-3-95, 97-3-101.) Sexual battery of a child over the age of 14 by an authority figure is punishable by up to 30 years in prison. §§ 97-3-65, 97-3-95, 97-3-101.) People who are convicted of statutory rape and sexual battery are required to register as sex offenders in Mississippi unless the defendant is 18 years old (or younger) and the victim is 14 or 15 years old at the time of the offense. Many states, including Mississippi, have enacted “Romeo and Juliet” exceptions.
A child enticement conviction in Mississippi can result in between two and ten years in prison and a fine of as much as ,000. If the defendant is over the age of 13, but under the age of 18, then statutory rape and sexual battery are punishable at the discretion of the court. If the defendant is over age 21 and the victim is age 14 or 15, statutory rape and sexual battery are punishable by up to 30 years in prison and a fine of up to ,000. If the victim is under the age of 14 and the defendant is over age 18, statutory rape and sexual battery are punishable by 20 years’ to life imprisonment. Named for William Shakespeare’s young lovers, these exceptions protect young people from criminal charges as a result of consensual sexual activity with other young people. §§ 97-3-65, 97-3-99.) This defense is part of Mississippi’s marital rape defense.
In Mississippi, people who engage in sexual activity with children under the state’s age of consent (16 years old) can be convicted of statutory rape or sexual battery.
In all cases of statutory rape and similar crimes, the crucial fact is whether the victim is underage.
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