Kosciusko, MS asked in Criminal Law and Constitutional Law for Mississippi

Q: What's the difference between ms code 97-3-95 an ms code 43-47-18 (1)

It's a test question I will have in the future an I just need good wording to differentiate the two

1 Lawyer Answer
Brian Lehman
Brian Lehman
Answered

A: You want a criminal lawyer to help you if you are looking at criminal charges. With that said, the latter statute deals with sexual battery of vulnerable adult by health care employees or persons in position of trust or authority and does not appear to have an age limitation unlike 97-3-95 for non-consensual sexual contact.

A person is guilty of sexual battery under Mississippi law if he or she engages in sexual penetration with:

another person without that person’s consent

a “mentally defective,” mentally incapacitated or physically helpless person

a child between the ages of 14 and 16, if the person charged is at least three years older than the victim

a child under age 14 if the person charged is at least two years older than the victim, or

a child under age 18 if the person charged is in a position of trust or authority over the victim (such as a teacher, counselor, physician, psychiatrist, minister, priest, scout leader, coach, parent, or legal guardian).

(Miss. Code Ann. § 97-3-95.)

Mississippi law also makes it a crime to sexually penetrate or fondle a victim who is a “vulnerable person" by:

an employee or volunteer at a health facility at which the victim is a patient or resident, or

a counselor, physician, psychiatrist, nurse, legal guardian, parent, or other person in a position of trust or authority over the victim.

The vulnerable person’s consent is irrelevant. (Miss. Code Ann. § 43-47-18.)

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.