Mississippi Code
Miss. Code Ann. § 97-3-97 (2026)
Sexual battery; definitions
✓ current as of July 2026
For purposes of Sections 97-3-95 through 97-3-103 the following words shall have the meaning ascribed herein unless the context otherwise requires:
- (a) "Sexual penetration" includes cunnilingus, fellatio, buggery or pederasty, any penetration of the genital or anal openings of another person's body by any part of a person's body, and insertion of any object into the genital or anal openings of another person's body.
- (b) A "mentally defective person" is one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct.
- (c) A "mentally incapacitated person" is one rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or other substance administered to that person without his or her consent.
- (d) A "physically helpless person" is one who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act.
Laws, 1980, ch. 450, § 2, eff. 7/1/1980.
Notes of Decisions
Cited in 128
cases (11 in the last 5 years), 1983–2026 · leading case: Dewayne Graham v. State of Mississippi, 185 So. 3d 992 (Miss. 2016).
Dewayne Graham v. State of Mississippi, 185 So. 3d 992 (Miss. 2016). “, 2011, [Graham] did then and there wilfully, unlawfully and feloniously engage in sexual penetration, as defined in MCA Section 97-3-97 . . . by performing fellatio on [the victim].”
Puckett v. State, 737 So. 2d 322 (Miss. 1999). “Miss.Code Ann. § 97-3-97 (1994). Puckett was indicted for the murder of Rhonda Hatten Griffis while engaged in the commission of the crime of sexual battery in violation of § 97-3-95(1)(a).”
Casey Mark Burgess v. State of Mississippi, 178 So. 3d 1266 (Miss. 2015). “” Miss. Code Ann. § 97-3-97 (Rev. 2014). 27 A person is not guilty of any offense under Sections 97-3-95 through 97-3-103 if the alleged victim is that person’s legal spouse and at the time of the alleged offense such person and the alleged victim are not separated and living…”
David Alan Ringer v. State of Mississippi, 203 So. 3d 794 (Miss. Ct. App. 2016). “” Miss. Code Ann. § 97-3-97 (a) (Rev. 2006) (emphasis added).”
Bateman v. State, 125 So. 3d 616 (Miss. 2013). “” Miss.Code Ann. § 97-3-97(a) (Rev.2006) (emphasis added).”
Hennington v. State, 702 So. 2d 403 (Miss. 1997). “Hennington concedes that Miss. Code Ann. § 97-3-97 defines sexual penetration as including fellatio and that this Court has held that an act of fellatio performed by the accused is an act proscribed by the statute.”
Eakes v. State, 665 So. 2d 852 (Miss. 1995). “While Eakes claims the indictment lacks the specific location the abuse occurred and the reference to the statute violated, the indictment clearly states that the violations occurred in Kemper County and cites Miss. Code Ann. §§ 97-3-97 and 97-3-95. Eakes' double jeopardy claim…”
Ishee v. State, 799 So. 2d 70 (Miss. 2001). “Miss.Code Ann. § 97-3-97 (2000), includes fellatio in its definition of sexual penetration.”
Havard v. State, 928 So. 2d 771 (Miss. 2006). “Sexual battery is defined as sexual penetration of a class of victims.”
Tate v. State, 20 So. 3d 623 (Miss. 2009). “Miss.Code Ann. § 97-3-97 (Rev.2006). As to Counts II and III, Mississippi Code Section 97-5-23(1) provides that: “(1) Any person above the age of eighteen (18) years, who, for the purpose of gratify *644 ing his or her lust, or indulging his or her depraved licentious sexual…”
Pittman v. State, 836 So. 2d 779 (Miss. Ct. App. 2002). “] did willfully, unlawfully and feloniously engage in sexual penetration as defined in Section 97-3-97 ..., to wit: digital penetration of her vagina, with [the named child], a child under the age of 18 over whom the defendant occupied a position of trust or authority, to-wit:…”
Brady v. State, 722 So. 2d 151 (Miss. Ct. App. 1998). “Associated with Section 97-3-95(1)(c) is Section 97-3-97 of the Mississippi Code. This section is entitled "Sexual Battery; definitions" and states, in pertinent part, as follows: § 97-3-97.”
— Miss. Code Ann. § 97-3-97(1)(d) — 1 case
Kendrick Quintarius Gates a/k/a Kendrick Gates v. State of Mississippi (Miss. Ct. App. 2026).
— Miss. Code Ann. § 97-3-97(a) — 43 cases
Dewayne Graham v. State of Mississippi, 185 So. 3d 992 (Miss. 2016). “, 2011, [Graham] did then and there wilfully, unlawfully and feloniously engage in sexual penetration, as defined in MCA Section 97-3-97 . . . by performing fellatio on [the victim].”
Bateman v. State, 125 So. 3d 616 (Miss. 2013). “” Miss.Code Ann. § 97-3-97(a) (Rev.2006) (emphasis added).”
Pittman v. State, 836 So. 2d 779 (Miss. Ct. App. 2002). “] did willfully, unlawfully and feloniously engage in sexual penetration as defined in Section 97-3-97 ..., to wit: digital penetration of her vagina, with [the named child], a child under the age of 18 over whom the defendant occupied a position of trust or authority, to-wit:…”
Stallworth v. Dept. of Pub. Saf., 986 So. 2d 259 (Miss. 2008).
Ishee v. State, 799 So. 2d 70 (Miss. 2001). “Miss.Code Ann. § 97-3-97 (2000), includes fellatio in its definition of sexual penetration.”
— Miss. Code Ann. § 97-3-97(d) — 1 case
Blue v. State, 674 So. 2d 1184 (Miss. 1996).
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