MS HB1336

Creates a new crime of "capital rape" when a person 18 years or older has sexual intercourse with a child under 12 years of age and damages the child's sexual organs, punishable by death or life imprisonment.

Adds subsection (1)(c) to Section 97-3-65 establishing the elements of capital rape and subsection (3)(e) setting the penalty as death or life imprisonment as provided in Section 97-3-71.

Amends Section 97-3-71 to establish capital rape procedures including a separate sentencing proceeding before a jury, which may impose either death or life imprisonment.

Specifies eight enumerated aggravating factors for capital rape sentencing, including prior felony convictions, sexual offender status, use of firearms, and victim vulnerability due to age or disability.

Provides seven enumerated mitigating circumstances for capital rape sentencing, including lack of prior criminal history, mental disturbance, minor accomplice participation, and defendant's age.

Takes effect July 1, 2025.