Persons convicted of a sex crime against a child could face the death penalty under House proposal

• The requirement to reach the death penalty would be that there are two aggravating factors associated with the crime.

Persons convicted of a sex crime against a child under the age of 12 could face the death penalty should a bill moving through the Mississippi Legislature become law.

State Rep. Jansen Owen (R) presented a strike-all amendment to SB 2821 to the House on Tuesday, saying while the legislation has been considered in previous years, this was the first time anyone in the Legislature has brought it to the floor. SB 2821 was originally authored by State Senator Jeremy England (R).

“This deals with an adult who commits sexual battery upon a child under the age of 12 years,” Owen told his colleagues. “This would provide that under certain circumstances the death penalty would be applicable.”

The requirement to reach the death penalty would be that there are two aggravating factors associated with the crime, such as being a convicted felon on probation, having been convicted of a crime involving a capital offense or threat of violence, the crime was committed by a person previously convicted of sex offense, or if the sexual assault was committed through the use of a firearm, to name a few.

Upon conviction of the sexual battery, the jury would then employ a separate penalty phase to determine if the death penalty applied to that particular offense.

“There is a requirement that the individual perpetrating this act damages the sexual organs of the child under the age of 12,” Owen added. “So, these particular crimes are especially heinous.”

Should the bill be found unconstitutional after becoming law, Rep. Owen said the penalty then would be reduced to life without parole. 

The age listed within the bill was questioned by State Rep. Shonda Yates (I) who asked why older age groups were not included. Owen cited case law from the U.S. Supreme Court that determined the age to be 12 years or younger, which the court deems a “very young age.”

“Under 12 has been the age adopted in the states that have moved this legislation along,” Owen said. 

The amended bill passed the House by a vote of 99 to 14. It will now head back to the Senate for consideration.