Mississippi Code

Miss. Code Ann. § 97-5-23 (2026)

Touching, handling, etc., child, mentally defective or incapacitated person or physically helpless person

✓ current as of July 2026

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(1) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, or with any object, any child under the age of sixteen (16) years, with or without the child's consent, or a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court.

(2) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent, when the person occupies a position of trust or authority over the child shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court. A person in a position of trust or authority over a child includes without limitation a child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

(3) Upon a second conviction for an offense under this section or a substantially similar offense under the laws of another state, the person so convicted shall be punished by commitment to the State Department of Corrections for a term not to exceed twenty (20) years.

Codes, Hemingway's 1921 Supp. § 1142c; 1930, § 826; 1942, § 2052; Laws, 1920, ch. 215; Laws, 1958, ch. 276; Laws, 1980, ch. 387; Laws, 1985, ch. 389, § 1; Laws, 1993, ch. 512, § 4; Laws, 1995, ch. 487, § 1; Laws, 1998, ch. 549, § 5, eff. 7/1/1998.

Amended by Laws, 2015, ch. 409, SB 2117, 1, eff. 7/1/2015.

Notes of Decisions

Cited in 313 cases (46 in the last 5 years), 1975–2026 · leading case: Gore v. State, 37 So. 3d 1178 (Miss. 2010).

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Gore v. State, 37 So. 3d 1178 (Miss. 2010). · cites it 16× “, a rational juror could have found each element beyond a reasonable doubt), but overwhelming evidence of such. ¶ 32. Daniel's testimony about the "spooning" incident, wherein Gore was "behind" and "on" M.”

Kenny Stewart v. State of Mississippi, 228 So. 3d 872 (Miss. Ct. App. 2017). · cites it 30× “See Miss. Code Ann. § 97-5-23 (Rev. 2014). The majority reverses and renders Stewart’s conviction in Count II of his indictment for molestation after finding insufficient evidence existed to support separate and distinct acts of molestation and sexual battery.”

Smith v. State, 925 So. 2d 825 (Miss. 2006). · cites it 12× “Section 97-5-23. On February 26, 2003, Smith was convicted on all charges by a jury in the Pike County Circuit Court and sentenced to thirty (30) years imprisonment on Count I and twenty (20) years imprisonment on Count II, to run consecutively.”

Campbell v. State, 125 So. 3d 46 (Miss. 2013). · cites it 30× “Miss.Code Ann. § 97-5-23 (Rev.2006). As Lauren was sixteen at the time of the offense, Campbell was charged under subsection two.”

Ladnier v. State, 878 So. 2d 926 (Miss. 2004). · cites it 8× “Ladnier was convicted in the Circuit Court of Hancock County of one count of touching a child under the age of sixteen for lustful purposes in violation of Miss.Code Ann. § 97-5-23 (Rev.2000), and sentenced to three years in the custody of the Mississippi Department of…”

Friley v. State, 856 So. 2d 654 (Miss. Ct. App. 2003). · cites it 40× “According to the record, the trial judge mistakenly determined the crime of molestation under Miss.Code Ann. § 97-5-23 (Rev.2000) to be a lesser-included offense of sexual battery.”

Branch v. State, 998 So. 2d 411 (Miss. 2008). · cites it 15× “Keeping in mind the law of double jeopardy, this Court considers those statutes relevant to gratification of lust and statutory rape, namely, Section 97-5-23 and Section 97-3-65 (Rev.”

Carreiro v. State, 5 So. 3d 1170 (Miss. Ct. App. 2009). · cites it 22× “2006) (count one) and for touching a child for lustful purposes under Mississippi Code Annotated section 97-5-23 (Rev.2006) (count two). On September 17, 2004, Carreiro pled guilty to the aforementioned offenses in the Circuit Court of Lincoln County.”

Hutto v. State, 227 So. 3d 963 (Miss. 2017). · cites it 6× “Miss. Code Ann. § 97-5-23 (1) (Supp. 2016).”

Thomas Pustay v. State of Mississippi, 221 So. 3d 320 (Miss. Ct. App. 2016). · cites it 8× “Miss. Code Ann. § 97-5-23 (2) (Rev. 2014).”

Crenshaw v. State, 520 So. 2d 131 (Miss. 1988). · cites it 8× “Following this action, Crenshaw was indicted for fondling pursuant to Miss. Code Ann. § 97-5-23 (1972), which provides that: Touching, handling, etc.”

Christmas v. State, 700 So. 2d 262 (Miss. 1997). · cites it 14× “7594, under Miss. Code Ann. § 97-5-23 , for the crime of fondling.”

Show all 313 citing cases →

— Miss. Code Ann. § 97-5-23(1) — 122 cases

Gore v. State, 37 So. 3d 1178 (Miss. 2010). “, a rational juror could have found each element beyond a reasonable doubt), but overwhelming evidence of such. ¶ 32. Daniel's testimony about the "spooning" incident, wherein Gore was "behind" and "on" M.”

Branch v. State, 998 So. 2d 411 (Miss. 2008). “Keeping in mind the law of double jeopardy, this Court considers those statutes relevant to gratification of lust and statutory rape, namely, Section 97-5-23 and Section 97-3-65 (Rev.”

Carreiro v. State, 5 So. 3d 1170 (Miss. Ct. App. 2009). “2006) (count one) and for touching a child for lustful purposes under Mississippi Code Annotated section 97-5-23 (Rev.2006) (count two). On September 17, 2004, Carreiro pled guilty to the aforementioned offenses in the Circuit Court of Lincoln County.”

Kenny Stewart v. State of Mississippi, 228 So. 3d 872 (Miss. Ct. App. 2017). “See Miss. Code Ann. § 97-5-23 (Rev. 2014). The majority reverses and renders Stewart’s conviction in Count II of his indictment for molestation after finding insufficient evidence existed to support separate and distinct acts of molestation and sexual battery.”

Bishop v. State, 982 So. 2d 371 (Miss. 2008).

— Miss. Code Ann. § 97-5-23(1)(2000) — 1 case

Goodnite v. State, 799 So. 2d 64 (Miss. 2001).

— Miss. Code Ann. § 97-5-23(2) — 27 cases

Campbell v. State, 125 So. 3d 46 (Miss. 2013). “Miss.Code Ann. § 97-5-23 (Rev.2006). As Lauren was sixteen at the time of the offense, Campbell was charged under subsection two.”

Thomas Pustay v. State of Mississippi, 221 So. 3d 320 (Miss. Ct. App. 2016). “Miss. Code Ann. § 97-5-23 (2) (Rev. 2014).”

Jenkins v. State, 101 So. 3d 161 (Miss. Ct. App. 2012).

Aguilar v. State, 955 So. 2d 386 (Miss. Ct. App. 2006).

Leslie Danielle Dewitt v. State of Mississippi, 269 So. 3d 388 (Miss. Ct. App. 2018).

— Miss. Code Ann. § 97-5-23(3) — 2 cases

Smith v. State, 925 So. 2d 825 (Miss. 2006). “Section 97-5-23. On February 26, 2003, Smith was convicted on all charges by a jury in the Pike County Circuit Court and sentenced to thirty (30) years imprisonment on Count I and twenty (20) years imprisonment on Count II, to run consecutively.”

Kimble Peter Smith v. State of Mississippi (Miss. 2003).

— Miss. Code Ann. § 97-5-23(5) — 1 case

— Miss. Code Ann. § 97-5-23(l) — 2 cases

Hutto v. State, 227 So. 3d 963 (Miss. 2017). “Miss. Code Ann. § 97-5-23 (1) (Supp. 2016).”

Potts v. State, 955 So. 2d 913 (Miss. Ct. App. 2007).

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