97-3-99 - Sexual battery; defense.

§ 97-3-99. Sexual battery; defense.
 

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. 
 

Sources: Laws,  1980, ch. 450, § 3; Laws, 1993, ch. 469, § 1, eff from and after passage (approved March 27, 1993).