Mississippi Code
Miss. Code Ann. § 97-3-101 (2026)
Sexual battery; penalty; criminal sexual assault protection order
✓ current as of July 2026
- (1) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(a), (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.
- (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.
Laws, 1980, ch 450, § 4; Laws, 1993, ch. 512, § 3; Laws, 1995, ch. 596, § 15; Laws, 1998, ch. 549, § 4; Laws, 1999, ch. 560, § 2, eff. 4/21/1999.
Amended by Laws, 2017, ch. 414, HB 1356, 2, eff. 4/6/2017.
Notes of Decisions
Cited in 78
cases (4 in the last 5 years), 1985–2026 · leading case: Hobgood v. State, 926 So. 2d 847 (Miss. 2006).
Hobgood v. State, 926 So. 2d 847 (Miss. 2006). “Section 97-3-101(3). Hobgood asserts the trial court erred by: (1) ruling the victim was unavailable pursuant to Miss.”
Ishee v. State, 799 So. 2d 70 (Miss. 2001). “Miss.Code Ann. § 97-3-101 (2000) provides: (1) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(a), (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…”
Tapper v. State, 47 So. 3d 95 (Miss. 2010). “Miss.Code Ann. § 97-3-101(3) (Rev. 2006).”
Kleckner v. State, 109 So. 3d 1072 (Miss. Ct. App. 2012). “Section 97-3-101(3) provides: Every person who shall be convicted of sexual battery under Section 97-3-95(l)(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…”
Rickey Portis v. State of Mississippi, 245 So. 3d 457 (Miss. 2018). “Miss. Code Ann. § 97-3-101 (3) (Rev. 2014).”
People v. Baker, 229 Cal. Rptr. 3d 431 (Cal. Ct. App. 5th 2018). “(1)(a) & (2)(b) [25-years-to-life for sexual penetration of a child under 13]; Miss. Code Ann. §§ 97-3-101 , subd. (3), 97-3-95, subd.”
Eakes v. State, 665 So. 2d 852 (Miss. 1995). “Miss. Code Ann. § 97-3-101 (1994). Eakes was sentenced to two consecutive twenty-year sentences for his two sexual battery convictions.”
Parker v. State, 119 So. 3d 987 (Miss. 2013). “2006); Miss.Code Ann. § 97-3-101 (Rev. 2006); Miss.”
Wallace v. State, 10 So. 3d 913 (Miss. 2009). “" Miss.Code Ann. § 97-3-101(3) (Rev.2006) (emphasis added).”
Carter v. State, 996 So. 2d 112 (Miss. Ct. App. 2008). “Miss.Code Ann. § 97-3-101(3) (Rev. 2006).”
Friley v. State, 879 So. 2d 1031 (Miss. 2004). “Miss.Code Ann. § 97-3-101 (Supp.1995). The penalty statute was amended in 1998 and 1999.”
Dickens v. State, 119 So. 3d 1141 (Miss. Ct. App. 2013). “Dickens claims that his sentence of thirty years, with fifteen years suspended, and five years of PRS is a total of thirty-five years and exceeds the maximum sentence authorized by Mississippi Code Annotated section 97-3-101(1) (Rev. 2006). Section 97-3-101(1) provides that the…”
— Miss. Code Ann. § 97-3-101(1) — 7 cases
Dickens v. State, 119 So. 3d 1141 (Miss. Ct. App. 2013). “Dickens claims that his sentence of thirty years, with fifteen years suspended, and five years of PRS is a total of thirty-five years and exceeds the maximum sentence authorized by Mississippi Code Annotated section 97-3-101(1) (Rev. 2006). Section 97-3-101(1) provides that the…”
Purnell v. State, 126 So. 3d 949 (Miss. Ct. App. 2013).
Taylor v. State, 122 So. 3d 707 (Miss. 2013).
Freddrick Stamps v. State of Mississippi, 151 So. 3d 248 (Miss. Ct. App. 2014).
Friley v. State, 856 So. 2d 654 (Miss. Ct. App. 2003).
— Miss. Code Ann. § 97-3-101(2)(a) — 1 case
Reginald Alexander v. State of Mississippi (Miss. Ct. App. 2023).
— Miss. Code Ann. § 97-3-101(2)(b) — 1 case
Timothy Allen McCoy v. State of Mississippi, 205 So. 3d 687 (Miss. Ct. App. 2016).
— Miss. Code Ann. § 97-3-101(3) — 22 cases
Hobgood v. State, 926 So. 2d 847 (Miss. 2006). “Section 97-3-101(3). Hobgood asserts the trial court erred by: (1) ruling the victim was unavailable pursuant to Miss.”
Tapper v. State, 47 So. 3d 95 (Miss. 2010). “Miss.Code Ann. § 97-3-101(3) (Rev. 2006).”
Kleckner v. State, 109 So. 3d 1072 (Miss. Ct. App. 2012). “Section 97-3-101(3) provides: Every person who shall be convicted of sexual battery under Section 97-3-95(l)(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…”
Wallace v. State, 10 So. 3d 913 (Miss. 2009). “" Miss.Code Ann. § 97-3-101(3) (Rev.2006) (emphasis added).”
Carter v. State, 996 So. 2d 112 (Miss. Ct. App. 2008). “Miss.Code Ann. § 97-3-101(3) (Rev. 2006).”
— Miss. Code Ann. § 97-3-101(4) — 3 cases
Kenneth Blake Watkins v. State of Mississippi, 170 So. 3d 582 (Miss. Ct. App. 2014).
Miller v. State, 106 So. 3d 860 (Miss. Ct. App. 2013).
In Re Ds, 943 So. 2d 1280 (Miss. 2006).
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