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§21-1123.
§21-1123.
A. Any person who shall knowingly and intentionally:
1. Make any oral or written lewd or indecent proposal to any child
under sixteen (16) years of age for the child to have unlawful sexual
relations or sexual intercourse with any person; or
2. Look upon, touch, maul, or feel the body or private parts of any
child under sixteen (16) years of age in any lewd or lascivious manner
by any acts against public decency and morality, as defined by law; or
3. Ask, invite, entice, or persuade any child under sixteen (16) years
of age to go alone with any person to a secluded, remote, or secret
place, with the unlawful and willful intent and purpose then and there
to commit any crime against public decency and morality, as defined by
law, with the child; or
4. In any manner lewdly or lasciviously look upon, touch, maul, or
feel the body or private parts of any child under sixteen (16) years
of age in any indecent manner or in any manner relating to sexual
matters or sexual interest; or
5. In a lewd and lascivious manner and for the purpose of sexual
gratification, urinate or defecate upon a child under sixteen (16)
years of age or ejaculate upon or in the presence of a child, or force
or require a child to look upon the body or private parts of another
person or upon sexual acts performed in the presence of the child or
force or require a child to touch or feel the body or private parts of
said child or another person,
upon conviction, shall be deemed guilty of a felony and shall be
punished by imprisonment in the State Penitentiary for not less than
one (1) year nor more than twenty (20) years. The provisions of this
section shall not apply unless the accused is at least three (3) years
older than the victim. Any person convicted of a second or subsequent
violation of subsection A of this section shall be guilty of a felony
and shall not be eligible for probation, suspended or deferred
sentence. Any person convicted of a third or subsequent violation of
subsection A of this section shall be guilty of a felony and shall be
punished by imprisonment in the State Penitentiary for a term of life
or life without parole, in the discretion of the jury, or in case the
jury fails or refuses to fix punishment then the same shall be
pronounced by the court.
B. No person shall commit sexual battery on any other person. "Sexual
battery" shall mean the intentional touching, mauling or feeling of
the body or private parts of any person sixteen (16) years of age or
older, in a lewd and lascivious manner and without the consent of that
person. Any person convicted of any violation of this subsection shall
be deemed guilty of a felony and shall be punished by imprisonment in
the State Penitentiary for not more than five (5) years.
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