What is the legal definition of child molestation and gratification of lust?

Full question:

I need to know the legal definition for child molestation and gratification of lust. Is gratification of lust considered a lesser charge? What constitutes the differences between the two charges? If someone goes before the grand jury on child molestation charges and the grand jury does not indict on these charges, but does indict on gratification of lust what does that mean?

• Category: Criminal
• Subcategory: child molestation
• Date: 04/07/2025
• State: Mississippi

Answer:

Child molestation generally refers to sexual acts involving children under the age of eighteen, including inappropriate touching, exposure of genitalia, and other sexual acts. In Mississippi, the term "molestation" is not explicitly used in statutes. Instead, the relevant law is found in Mississippi Code Ann. § 97-5-23, which defines unlawful touching for the purpose of gratifying lust.

According to this statute, any person over eighteen who touches or handles a child under fourteen for sexual gratification can be charged with a felony. Penalties include fines ranging from one thousand to five thousand dollars and imprisonment for two to fifteen years.

Gratification of lust is often considered a lesser charge than sexual battery, which involves more severe offenses like sexual penetration without consent or with a child under fourteen (Miss. Code Ann. § 97-3-95). Sexual battery carries harsher penalties, including imprisonment for up to thirty years.

If a grand jury does not indict for child molestation but does indict for gratification of lust, it means that the evidence presented did not meet the threshold for the more serious charge, but sufficient evidence exists for the lesser charge. This can indicate the prosecution's focus on specific actions that fit the lesser charge rather than the broader scope of molestation.