A person is not guilty of any offense under Sections 97-3-95 through 97-3-103 if the alleged victim is that person’s legal spouse and at the time of the alleged offense such person and the alleged victim are not separated and living apart; provided, however, that the legal spouse of the alleged victim may be found guilty of sexual battery if the legal spouse engaged in forcible sexual penetration without the consent of the alleged victim.
Miss. Code Ann. § 97-3-99
Sexual battery; defense
Applied in 5 court decisions — leading case Evans v. State (1997)
Most recently applied in Casey Mark Burgess v. State of Mississippi (November 2015)
Laws, 1980, ch. 450, § 3; Laws, 1993, ch. 469, § 1, eff from and after passage (approved March 27, 1993
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.