In Alvin Barnes v. State of Mississippi (2021), the defense heavily relied on a constitutional challenge to Mississippi Code Annotated section 97-5-23(1), commonly known as the gratification of lust statute.

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The Statutory Language

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The statute applies to:

 

"Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust... shall handle, touch or rub... any child under the age of sixteen (16) years..."

Barnes's legal team argued that the phrase "above the age of eighteen" was unconstitutionally vague under the Fourteenth Amendment. They contended that it was unclear whether the statute applied to someone who had just turned eighteen, was eighteen and a day, or if it meant nineteen years of age.

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The Due Process Standard

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To strike down a statute on constitutional grounds, a party must prove its unconstitutionality beyond a reasonable doubt. The standard for vagueness requires that a law give sufficient warning so a person of "ordinary intelligence" can conform their conduct to avoid what is forbidden.

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The Court's Conclusion

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The Court of Appeals rejected Barnes's argument completely. The court noted that Barnes was eighteen years, one month, and fourteen days old at the time of the incident. Relying on the ordinary dictionary definition of "age," the court ruled that once a person reaches their eighteenth birthday, they are logically "above the age of eighteen."

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Because the statute provides clear, unambiguous warning to persons of ordinary intelligence, the constitutional challenge was denied, reinforcing the applicability of Miss. Code Ann. § 97-5-23(1) to 18-year-old offenders.

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