What is the law if someone is 21 and the person is 17 is that considered statutory rape?

The law for Mississippi

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  • 1 decade ago
    Favorite Answer

    Yes it is. If there is more than a 3 year gap there is no loophole for it.

    If they are 17 and will be 18 in like a month or so I wouldn't worry too much about it but if they just turned 17 you could still get in lots of trouble.

  • 1 decade ago

    No.

    The age of consent in MS is 16. It doesn't matter if the older person is 21 or 61, once the younger person is 16 they can have sex with whomever they choose.

    Richard

  • Anonymous
    1 decade ago

    No, the age of consent is 16 in Mississippi. After that age, it is legal to have sex with anyone you want no matter their age.

  • 1 decade ago

    According to the statue for the state of Mississippi...

    § 97-3-65. Statutory rape; enhanced penalty for forcible sexual intercourse or statutory rape by administering certain substances.

    (1) The crime of statutory rape is committed when:

    (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:

    (i) Is at least fourteen (14) but under sixteen (16) years of age;

    (ii) Is thirty-six (36) or more months younger than the person; and

    (iii) Is not the person's spouse; or

    (b) A person of any age has sexual intercourse with a child who:

    (i) Is under the age of fourteen (14) years;

    (ii) Is twenty-four (24) or more months younger than the person; and

    (iii) Is not the person's spouse.

    (2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.

    (3) Upon conviction for statutory rape, the defendant shall be sentenced as follows:

    (a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

    (b) If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense;

    (c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;

    (d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.

    (4) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.

    (b) This subsection (4) shall apply whether the perpetrator is married to the victim or not.

    (5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child.

    (6) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female.

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