Mississippi Age of Consent & Statutory Rape Laws
Chart providing details of Mississippi Legal Ages Laws. Minors' Consent to Medical Treatment You can consult with a Mississippi family law attorney if you would like legal assistance All states have age restrictions for certain activities and legal processes, such as purchasing cigarettes or getting a driver's license. In Arkansas, a person must be at least 16 years old in order to consent to sex. . In Mississippi, people who engage in sexual activity with children under the. From the definition of rape to a person's ability to consent—the laws about sexual violence vary from state to state. Learn more about laws in Mississippi.
Age of Consent by State | LegalMatch Law Library
The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person", as well as electronically transmit any depiction of such an act.
For repeat offenders, the minimum 10 years and the maximum is life imprisonment. This crime has the same close-in-age exception as statutory rape stated above if the victim is 14 or 15 years old and the actor is 18 or younger and within 4 years of age.
A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" defined under state law as any act of oral sex or anal sex. However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor.
This exception was added after a landmark case, Wilson v.
Mississippi Statutory Rape Laws
State of Georgia occurred in and caused lawmakers to think the statute should have a close-in-age exception. At the time because of the words of the law, a year-old boy was sentenced to 10 years in prison for having consensual oral sex with a year-old girl.
Inthe Georgia Supreme Court reversed the conviction of a man convicted of raping a year-old girl because the age of consent in Georgia was 10 at the time.
Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that. There is however a close-in-age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older.
Avery Chumbleya member of the Hawaiian Senatehad made efforts to raise the age of consent. If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act including intercourse, anal sex and oral sex is considered Rape. This law does not discriminate by the gender of the victim nor actor, and notably provides no exceptions based on the parties being close-in-age.
Like Lewd Conduct above, this law does not discriminate by gender.
Ages of consent in the United States
There is no close-in-age exception, crossing the age boundary is Criminal Sexual Assault. Although Illinois' minimum marriage age with parental consent or court order is 16,  there is no statutory exception to the age of sexual consent. History of Illinois laws[ edit ] Bill was introduced in to decriminalize sexual relationships between children 13—16 years old and those fewer than five years older, but the bill failed to pass.
Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors. The law allows the actor a defense to prosecution if the victim is currently or was previously married the absolute minimum marriageable age in Indiana is 15although this defense does not apply in the case of violence, threats or drugs.How Your Brain Falls In Love - Dawn Maslar - TEDxBocaRaton
This is not a close-in-age exception though, but merely a defense in court. The law also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older. The age limit rises to 18, according to IC, if the actor is an adult who is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of the minor; or a child care worker for the minor; or a military recruiter who is attempting to enlist over the minor.
Under certain aggravating circumstances, the crime becomes a Class A felony. A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances Kansas[ edit ] The age of consent in Kansas is Of course, people who commit sex acts against other people of any age without consent may be convicted of rape, sexual batteryor assault.
In general, punishments for the crime of statutory rape are more severe the younger the victim and the older the defendant. Other Sexual Activity A person who engages in other sexual activity including oral sex, anal sex, or any sexual penetration commits the crime of sexual battery in Mississippi when: It is also sexual battery to engage in sexual activity with a child over the age of 14 but under the age of 18 if the defendant is in a position of authority over the child.
People in positions of authority include teachers, coaches, doctors and other medical providers, and adult family members. Child Enticement In Mississippi, it is also a crime to lure children under the age of 14 away from their parents or use a computer network system, such as the Internet, to invite children under the age of 18 to engage in sexual activity. 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.
Potential Punishments for Statutory Rape Punishment for statutory sex crimes in Mississippi depends on the ages of the victim and the defendant. 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. Sexual battery of a child over the age of 14 by an authority figure is punishable by up to 30 years in prison. Sex Offender Registration 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.
When both parties are minors: