Mississippi Code
Miss. Code Ann. § 97-3-65 (2026)
Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances; criminal sexual assault protection order
✓ current as of July 2026
- (1) The crime of statutory rape is committed when:
- (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:
- (i) Is at least fourteen (14) but under sixteen (16) years of age;
- (ii) Is thirty-six (36) or more months younger than the person; and
- (iii) Is not the person's spouse; or
- (b) A person of any age has sexual intercourse with a child who:
- (i) Is under the age of fourteen (14) years; and
- (ii) Is twenty-four (24) or more months younger than the person.
- (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:
- (2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.
- (3) Upon conviction for statutory rape, the defendant shall be sentenced as follows:
- (a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
- (b) If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of 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;
- (c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;
- (d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.
- (4)
- (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.
- (b) This subsection (4) shall apply whether the perpetrator is married to the victim or not.
- (5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child.
- (6)
- (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 after 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 shall also be empowered to 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.
- (7) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (22); 1857, ch. 64, art. 218; 1871, § 2672; 1880, § 2942; 1892, § 1281; 1906, § 1358; Hemingway's 1917, § 1092; 1930, § 1122; 1942, § 2358; Laws, 1908, ch. 171; Laws, 1974, ch. 576, § 8; Laws, 1977, ch. 458, § 7; Laws, 1985, ch. 389, § 3; Laws, 1993, ch. 497, § 1; Laws, 1998, ch. 549, § 2; Laws, 2007, ch. 335, § 1, eff. 3/14/2007.
Amended by Laws, 2023, ch. 483, HB 995,§ 3, eff. 7/1/2023.
Amended by Laws, 2017, ch. 414, HB 1356, 1, eff. 4/6/2017.
Notes of Decisions
Cited in 393
cases (34 in the last 5 years), 1974–2026 · leading case: Charles Bester v. State of Mississippi, 188 So. 3d 526 (Miss. 2016).
Charles Bester v. State of Mississippi, 188 So. 3d 526 (Miss. 2016). “” Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014) (emphasis added).”
Eric James Foster v. State of Mississippi, 148 So. 3d 1012 (Miss. 2014). “Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014).”
Madere v. State, 794 So. 2d 200 (Miss. 2001). “Madere was indicted under Miss. Code Ann. § 97-3-65 (3)(a) (2000) which came into effect July 1, 1998.”
Price v. State, 898 So. 2d 641 (Miss. 2005). “was convicted of three counts of statutory rape in violation of Section 97-3-65(1) of the Mississippi Code of 1972.”
Anderson v. State, 62 So. 3d 927 (Miss. 2011). “Anderson was indicted on October 27, 2007, for two counts of statutory rape under Mississippi Code Section 97-3-65(1)(b) (Rev.2006), and one count of sexual battery under Mississippi Code Section 97-3-95(2) (Rev.”
Randy Charles Wilson v. State of Mississippi, 194 So. 3d 855 (Miss. 2016). “(citing Miss. Code Ann. § 97-3-65 (2)(c) (Supp. 1998)).”
Rogers v. State, 928 So. 2d 831 (Miss. 2006). “On the day of trial, the State moved to amend the indictment to list Miss.Code Ann. § 97-3-65 (1985), instead of Miss Code Ann.”
Dewayne Graham v. State of Mississippi, 185 So. 3d 992 (Miss. 2016). “” Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014).”
Adams v. State, 772 So. 2d 1010 (Miss. 2000). “Luckett was indicted under Miss. Code Ann. § 97-3-65 (2)(Supp.1980), which covered the capital rape of minors age 12 and over.”
Leatherwood v. State, 548 So. 2d 389 (Miss. 1989). “The grand jury of Forrest County indicted Leatherwood for forcible rape of the victim, in violation of Miss. Code Ann. § 97-3-65 (1). Trial began January 27, 1985.”
Winters v. State, 473 So. 2d 452 (Miss. 1985). “[1] The indictment reflected that the charges were brought under Miss. Code Ann. § 97-3-65 (Supp. 1981). After a plethora of pretrial motions and proceedings, the case against Curtis Winters was called for trial in the Circuit Court of Grenada County, Mississippi, beginning…”
Hampton v. State, 148 So. 3d 992 (Miss. 2014). “njury to his person by the exhibition of a deadly weapon shall be guilty of robbery and, upon conviction, shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life…”
— Miss. Code Ann. § 97-3-65(1) — 52 cases
Price v. State, 898 So. 2d 641 (Miss. 2005). “was convicted of three counts of statutory rape in violation of Section 97-3-65(1) of the Mississippi Code of 1972.”
Allman v. State, 571 So. 2d 244 (Miss. 1990).
Rhymes v. State, 356 So. 2d 1165 (Miss. 1978).
Veasley v. State, 735 So. 2d 432 (Miss. 1999).
Williams v. State, 427 So. 2d 100 (Miss. 1983).
— Miss. Code Ann. § 97-3-65(1)(1972) — 1 case
Adams v. State, 772 So. 2d 1010 (Miss. 2000). “Luckett was indicted under Miss. Code Ann. § 97-3-65 (2)(Supp.1980), which covered the capital rape of minors age 12 and over.”
— Miss. Code Ann. § 97-3-65(1)(a) — 22 cases
Miley v. State, 935 So. 2d 998 (Miss. 2006).
Faron Young v. State of Mississippi, 271 So. 3d 650 (Miss. Ct. App. 2018).
Phillipson v. State, 943 So. 2d 670 (Miss. 2006).
Ellis v. State, 934 So. 2d 1000 (Miss. 2006).
Evans v. State, 916 So. 2d 550 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 97-3-65(1)(a)(i) — 2 cases
Woods v. State, 973 So. 2d 1022 (Miss. Ct. App. 2008).
Derrick M. Amos a/k/a Derrick Machun Amos a/k/a Deigo a/k/a Diego v. State of Mississippi (Miss. Ct. App. 2023).
— Miss. Code Ann. § 97-3-65(1)(b) — 48 cases
Anderson v. State, 62 So. 3d 927 (Miss. 2011). “Anderson was indicted on October 27, 2007, for two counts of statutory rape under Mississippi Code Section 97-3-65(1)(b) (Rev.2006), and one count of sexual battery under Mississippi Code Section 97-3-95(2) (Rev.”
Gordon v. State, 977 So. 2d 420 (Miss. Ct. App. 2008).
Withers v. State, 907 So. 2d 342 (Miss. 2005).
Branch v. State, 998 So. 2d 411 (Miss. 2008).
Price v. State, 898 So. 2d 641 (Miss. 2005). “was convicted of three counts of statutory rape in violation of Section 97-3-65(1) of the Mississippi Code of 1972.”
— Miss. Code Ann. § 97-3-65(1)(b)(1998) — 1 case
Clemons v. State, 733 So. 2d 266 (Miss. 1999).
— Miss. Code Ann. § 97-3-65(1)(b)(2000) — 1 case
Adoption of JMM v. New Beginnings of Tupelo, Inc., 796 So. 2d 975 (Miss. 2001).
— Miss. Code Ann. § 97-3-65(1)(c) — 3 cases
Veasley v. State, 735 So. 2d 432 (Miss. 1999).
Winston v. State, 754 So. 2d 1154 (Miss. 1999).
Herman Veasley v. State of Mississippi (Miss. 1995).
— Miss. Code Ann. § 97-3-65(2) — 65 cases
Richard Chapman v. State of Mississippi, 250 So. 3d 429 (Miss. 2018).
Harden v. State, 465 So. 2d 321 (Miss. 1985).
Bester v. State, 188 So. 3d 576 (Miss. Ct. App. 2014).
Charles Bester v. State of Mississippi, 188 So. 3d 526 (Miss. 2016). “” Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014) (emphasis added).”
Madere v. State, 794 So. 2d 200 (Miss. 2001). “Madere was indicted under Miss. Code Ann. § 97-3-65 (3)(a) (2000) which came into effect July 1, 1998.”
— Miss. Code Ann. § 97-3-65(2)(1994) — 1 case
Hughes v. State, 735 So. 2d 238 (Miss. 1999).
— Miss. Code Ann. § 97-3-65(2)(c) — 8 cases
Randy Charles Wilson v. State of Mississippi, 194 So. 3d 855 (Miss. 2016). “(citing Miss. Code Ann. § 97-3-65 (2)(c) (Supp. 1998)).”
Adams v. State, 772 So. 2d 1010 (Miss. 2000). “Luckett was indicted under Miss. Code Ann. § 97-3-65 (2)(Supp.1980), which covered the capital rape of minors age 12 and over.”
Price v. State, 898 So. 2d 641 (Miss. 2005). “was convicted of three counts of statutory rape in violation of Section 97-3-65(1) of the Mississippi Code of 1972.”
Foley v. State, 914 So. 2d 677 (Miss. 2005).
Minor Child ex rel. Doe v. Mississippi State Fed'n of Colored Women's Club Hous. for Elderly in Clinton, Inc., 941 So. 2d 820 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 97-3-65(3) — 6 cases
Madere v. State, 794 So. 2d 200 (Miss. 2001). “Madere was indicted under Miss. Code Ann. § 97-3-65 (3)(a) (2000) which came into effect July 1, 1998.”
Robinson v. State, 920 So. 2d 1009 (Miss. Ct. App. 2003).
Expose v. State, 99 So. 3d 1141 (Miss. 2012).
Magee v. State, 966 So. 2d 173 (Miss. Ct. App. 2007).
Jennings v. State, 107 So. 3d 185 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 97-3-65(3)(a) — 16 cases
Madere v. State, 794 So. 2d 200 (Miss. 2001). “Madere was indicted under Miss. Code Ann. § 97-3-65 (3)(a) (2000) which came into effect July 1, 1998.”
Brown v. State, 731 So. 2d 595 (Miss. 1999).
Davis v. State, 29 So. 3d 788 (Miss. Ct. App. 2009).
Evans v. State, 916 So. 2d 550 (Miss. Ct. App. 2005).
Glasper v. State, 914 So. 2d 708 (Miss. 2005).
— Miss. Code Ann. § 97-3-65(3)(a)(b) — 1 case
Madere v. State, 794 So. 2d 200 (Miss. 2001). “Madere was indicted under Miss. Code Ann. § 97-3-65 (3)(a) (2000) which came into effect July 1, 1998.”
— Miss. Code Ann. § 97-3-65(3)(b) — 3 cases
Carpenter v. State, 899 So. 2d 916 (Miss. Ct. App. 2005).
Taylor v. State, 122 So. 3d 742 (Miss. Ct. App. 2011).
Jennings v. State, 107 So. 3d 185 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 97-3-65(3)(c) — 12 cases
Charles Bester v. State of Mississippi, 188 So. 3d 526 (Miss. 2016). “” Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014) (emphasis added).”
Robinson v. State, 19 So. 3d 140 (Miss. Ct. App. 2009).
Foley v. State, 914 So. 2d 677 (Miss. 2005).
Taylor v. State, 122 So. 3d 707 (Miss. 2013).
Powell v. State, 49 So. 3d 166 (Miss. Ct. App. 2010).
— Miss. Code Ann. § 97-3-65(3)(d) — 3 cases
William Smothers v. State of Mississippi, 176 So. 3d 145 (Miss. Ct. App. 2015).
In the Interest of D.S., 943 So. 2d 1280 (Miss. 2006).
In Re Ds, 943 So. 2d 1280 (Miss. 2006).
— Miss. Code Ann. § 97-3-65(3)(e) — 1 case
Jennings v. State, 107 So. 3d 185 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 97-3-65(4) — 6 cases
Wright v. State, 958 So. 2d 158 (Miss. 2007).
Pittman v. State, 836 So. 2d 779 (Miss. Ct. App. 2002).
Davis v. State, 29 So. 3d 788 (Miss. Ct. App. 2009).
Magee v. State, 966 So. 2d 173 (Miss. Ct. App. 2007).
Parker v. State, 917 So. 2d 120 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 97-3-65(4)(a) — 36 cases
Charles Bester v. State of Mississippi, 188 So. 3d 526 (Miss. 2016). “” Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014) (emphasis added).”
Eric James Foster v. State of Mississippi, 148 So. 3d 1012 (Miss. 2014). “Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014).”
Dewayne Graham v. State of Mississippi, 185 So. 3d 992 (Miss. 2016). “” Miss. Code Ann. § 97-3-65 (4)(a) (Rev. 2014).”
Hampton v. State, 148 So. 3d 992 (Miss. 2014). “njury to his person by the exhibition of a deadly weapon shall be guilty of robbery and, upon conviction, shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life…”
Dequane Lomax v. State of Mississippi, 192 So. 3d 975 (Miss. 2016).
— Miss. Code Ann. § 97-3-65(5) — 6 cases
Price v. State, 898 So. 2d 641 (Miss. 2005). “was convicted of three counts of statutory rape in violation of Section 97-3-65(1) of the Mississippi Code of 1972.”
Poole v. State, 46 So. 3d 290 (Miss. 2010).
Pittman v. State, 836 So. 2d 779 (Miss. Ct. App. 2002).
Taylor v. State, 122 So. 3d 742 (Miss. Ct. App. 2011).
Bryant v. State, 853 So. 2d 814 (Miss. Ct. App. 2003).
— Miss. Code Ann. § 97-3-65(6) — 14 cases
Anderson v. State, 62 So. 3d 927 (Miss. 2011). “Anderson was indicted on October 27, 2007, for two counts of statutory rape under Mississippi Code Section 97-3-65(1)(b) (Rev.2006), and one count of sexual battery under Mississippi Code Section 97-3-95(2) (Rev.”
Flowers v. State, 35 So. 3d 516 (Miss. 2010).
Harden v. State, 59 So. 3d 594 (Miss. 2011).
Branch v. State, 998 So. 2d 411 (Miss. 2008).
Jordan v. State, 936 So. 2d 368 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 97-3-65(7) — 1 case
Ray Anthony Beasley a/k/a Ray Beasley v. State of Mississippi (Miss. Ct. App. 2025).
— Miss. Code Ann. § 97-3-65(a) — 2 cases
United States v. Damion Lundy, 676 F.3d 444 (5th Cir. 2012).
James v. State, 86 So. 3d 286 (Miss. Ct. App. 2012).
— Miss. Code Ann. § 97-3-65(b) — 3 cases
Short v. State, 990 So. 2d 818 (Miss. Ct. App. 2008).
James v. State, 86 So. 3d 286 (Miss. Ct. App. 2012).
Sidney Bishop v. State of Mississippi (Miss. Ct. App. 2019).
— Miss. Code Ann. § 97-3-65(c) — 3 cases
Clemons v. State, 733 So. 2d 266 (Miss. 1999).
Adoption of JMM v. New Beginnings of Tupelo, Inc., 796 So. 2d 975 (Miss. 2001).
Kenneth Clemons, Jr. v. State of Mississippi (Miss. 1997).
— Miss. Code Ann. § 97-3-65(l)(a) — 15 cases
Ravel Williams v. State of Mississippi, 161 So. 3d 1124 (Miss. Ct. App. 2015).
Taylor v. State, 122 So. 3d 742 (Miss. Ct. App. 2011).
Bell v. State, 207 So. 3d 705 (Miss. Ct. App. 2016).
Bell v. State, 105 So. 3d 401 (Miss. Ct. App. 2012).
Sims v. State, 127 So. 3d 307 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 97-3-65(l)(a)(i) — 2 cases
Payton v. State, 41 So. 3d 713 (Miss. Ct. App. 2009).
Woods v. State, 141 So. 3d 14 (Miss. Ct. App. 2014).
— Miss. Code Ann. § 97-3-65(l)(a)(iii) — 1 case
Baker v. State, 95 So. 3d 692 (Miss. Ct. App. 2012).
— Miss. Code Ann. § 97-3-65(l)(b) — 25 cases
Harden v. State, 59 So. 3d 594 (Miss. 2011).
Anderson v. State, 62 So. 3d 927 (Miss. 2011). “Anderson was indicted on October 27, 2007, for two counts of statutory rape under Mississippi Code Section 97-3-65(1)(b) (Rev.2006), and one count of sexual battery under Mississippi Code Section 97-3-95(2) (Rev.”
Patrick Bernard Giles v. State of Mississippi, 187 So. 3d 116 (Miss. 2016).
Ravel Williams v. State of Mississippi, 161 So. 3d 1124 (Miss. Ct. App. 2015).
Taylor v. State, 122 So. 3d 742 (Miss. Ct. App. 2011).
— Miss. Code Ann. § 97-3-65(l)(b)(i) — 1 case
Payton v. State, 41 So. 3d 713 (Miss. Ct. App. 2009).
— Miss. Code Ann. § 97-3-65(l)(c) — 2 cases
Minor Child ex rel. Doe v. Mississippi State Fed'n of Colored Women's Club Hous. for Elderly in Clinton, Inc., 941 So. 2d 820 (Miss. Ct. App. 2006).
Davis v. State, 29 So. 3d 788 (Miss. Ct. App. 2009).
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