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

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.)