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Mississippi Code

Miss. Code Ann. § 97-3-71 (2026)

Rape; assault with intent of forcible sexual penetration of any person

✓ current as of July 2026
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Every person who shall be convicted of an assault with intent of forcible sexual penetration of any person shall be punished by imprisonment in the Penitentiary for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty.

Codes, 1906, § 1359; Hemingway's 1917, § 1096; 1930, § 1125; 1942, § 2361; Laws, 1962, ch. 321, eff. 3/8/1962.

Amended by Laws, 2023, ch. 483, HB 995,§ 5, eff. 7/1/2023.

Notes of Decisions
Cited in 12 cases, 1975–2018 · leading case: Golden v. State, 968 So. 2d 378 (Miss. 2007).
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Golden v. State, 968 So. 2d 378 (Miss. 2007). · cites it 12× “Section 97-3-71." Golden argues that "failing to allow the jury to perform this function constitutes an illegal sentence which is plain error.”
Harden v. State, 465 So. 2d 321 (Miss. 1985). · cites it 13× “Harden next charges that the trial court erred in allowing the State to prosecute for an attempt to commit the underlying crime of rape as defined by Section 97-3-65(2) when, in Harden's view, the indictment really charges assault with intent to rape as defined by Miss. Code…”
Parker v. State, 119 So. 3d 987 (Miss. 2013). · cites it 2× “2006); Miss.Code Ann. § 97-3-71 (Rev.2006); Miss.”
Payton v. State, 845 So. 2d 713 (Miss. Ct. App. 2003). · cites it 2× “Miss.Code Ann. § 97-3-71 (Rev. 2000). Statutes governing parole contain no mandatory language, but instead employ the permissive term "may" rather than the term "shall.”
Moody v. State, 838 So. 2d 324 (Miss. Ct. App. 2002). · cites it 2× “Moody claims that the indictment was fatally defective in charging *336 the underlying crime of rape, since the indictment charged the underlying crime only by the use of the word "rape," but failed to affirmatively allege that the victim was of previously chaste character, that…”
Taylor v. State, 122 So. 3d 742 (Miss. Ct. App. 2011). · cites it 2× “2011) articulates that the following sex crimes that are subject to lifetime registration: (d)Tier Three requires lifetime registration, the registrant not being eligible to be relieved of the duty to register except as otherwise provided in this paragraph, and includes any of…”
Christopher Orlando Hobson v. State of Mississippi, 181 So. 3d 1021 (Miss. Ct. App. 2015). · cites it 2× “2006); Count II, simple assault of a police officer in violation of Mississippi Code Annotated section 97-3-71(1) (Rev.2006); Count III; possession of a firearm by a previously convicted felon in violation of Mississippi Code Annotated section 97-37-5 (Rev.”
William Golden, Jr. v. State of Mississippi (Miss. 2006). · cites it 12× “Section 97-3-71.” Golden argues that “failing to allow the jury to perform this function constitutes an illegal sentence which is plain error.”
King v. State, 342 So. 2d 892 (Miss. 1977). · cites it 2× “The indictment was framed under the provisions of Mississippi Code Annotated section 97-3-71 (1972), which provides: "Every person who shall be convicted of an assault with intent to forcibly ravish any female of previous chaste character shall be punished by imprisonment in the…”
Young v. State, 317 So. 2d 402 (Miss. 1975). · cites it 2× “After the appellant arrived, the episode developed out of which the state indicted him for assault with intent to rape, contrary to Mississippi Code Annotated section 97-3-71 (1972). The state’s case consisted largely of the testimony of the victim of the alleged assault.”
Lester Lavon Parker, Jr. v. State of Mississippi (Miss. 2011). · cites it 2× “2006); Miss. Code Ann. § 97-3-71 (Rev. 2006); Miss.”
Doe v. Hood, 345 F. Supp. 3d 749 (S.D. Miss. 2018). “§ 97-3-71 (assault with intent to ravish); id.”
Miss. Code Ann. § 97-3-71(1): 1 case
Christopher Orlando Hobson v. State of Mississippi, 181 So. 3d 1021 (Miss. Ct. App. 2015). “2006); Count II, simple assault of a police officer in violation of Mississippi Code Annotated section 97-3-71(1) (Rev.2006); Count III; possession of a firearm by a previously convicted felon in violation of Mississippi Code Annotated section 97-37-5 (Rev.”
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