The Mississippi House on Tuesday passed an amended bill that would allow the death penalty for adults convicted of sexual battery of a child under 12 if jurors find two aggravating factors, lawmakers said.
State Rep. Jansen Owen, R., presented a strike-all amendment to SB 2821 and told colleagues, “This deals with an adult who commits sexual battery upon a child under the age of 12 years. This would provide that under certain circumstances the death penalty would be applicable.” The legislation originally was authored by Sen. Jeremy England, R., and passed the Senate 39-13, supporters said.
Owen said the death penalty would apply only when two aggravating factors are present. He cited examples including being a convicted felon on probation, a prior conviction for a crime involving a capital offense or threat of violence, a prior sex-offense conviction, or commission of the assault with a firearm.
Under the bill, juries would hold a separate penalty phase after conviction to determine whether the death penalty applied. “There is a requirement that the individual perpetrating this act damages the sexual organs of the child under the age of 12,” Owen said, calling the crimes “especially heinous.” He added that if the law were later found unconstitutional, the penalty would be reduced to life without parole.
Rep. Shonda Yates, I., questioned why the bill limited the age to under 12. Owen cited U.S. Supreme Court case law and said the court had identified 12 or younger as a “very young age.” The amended bill passed the House 99-14 and will return to the Senate for consideration, lawmakers said.
Jon Ross Myers is the executive editor and publisher of the Mississippi News Network, Mississippi's largest digital only media company. He can be reached at editor@tippahnews.com
