Miss. Code Ann. T. 97, Ch. 1, Refs & Annos

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 1. Conspiracy, Accessories and Attempts

The statutes and Constitution are current through general laws from the 2013 Regular Session. Titles 17, 23, 31, 37, 73, and 75 are current through general laws from the 2012 Regular Session. These Titles will be updated once notes from the revisor meeting are received and information is applied.

Miss. Code Ann. § 97-1-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 1. Conspiracy, Accessories and Attempts (Refs & Annos)

§ 97-1-1. Conspiracy defined; punishment

(1) If two (2) or more persons conspire either:

(a) To commit a crime; or

(b) Falsely and maliciously to indict another for a crime, or to procure to be complained of or arrested for a crime; or

(d) To cheat and defraud another out of property by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property or thing by false pretense; or

(e) To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use of employment thereof; or

(f) To commit any act injurious to the public health, to public morals, trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws; or

(g) To overthrow or violate the laws of this state through force, violence, threats, intimidation, or otherwise; or

(h) To accomplish any unlawful purpose, or a lawful purpose by any unlawful means; such persons, and each of them, shall be guilty of a felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both.

(2) Where one (1) or more of the conspirators is a law enforcement officer engaged in the performance of official duty or a person acting at the direction of a law enforcement officer in the performance of official duty, any remaining conspirator may be charged under this section if the alleged conspirator acted voluntarily and willfully and was not entrapped by the law enforcement officer or person acting at the direction of a law enforcement officer.

(3) Where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of Section 41-29-139(b)(1), Section 41-29-139(c)(2)(D) or Section 41-29-313(1), being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.

(4) Where the crime conspired to be committed is a misdemeanor, then upon conviction said crime shall be punished as a misdemeanor as provided by law.

CREDIT(S)

Laws 1954, 1st Ex. Sess., Ch. 20; Laws 1968, Ch. 343, § 1; Laws 1981, Ch. 488, § 1, eff. from and after passage (approved April 15, 1981). Amended by Laws 2007, Ch. 500, § 1, eff. July 1, 2007.

Miss. Code Ann. § 97-1-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 1. Conspiracy, Accessories and Attempts (Refs & Annos)

§ 97-1-3. Accessory before fact deemed principal

Every person who shall be an accessory to any felony, before the fact, shall be deemed and considered a principal, and shall be indicted and punished as such; and this whether the principal have been previously convicted or not.

Miss. Code Ann. § 97-1-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 1. Conspiracy, Accessories and Attempts (Refs & Annos)

§ 97-1-5. Accessory after fact, punishment

(1) Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a felony, with intent to enable the felon to escape or to avoid arrest, trial, conviction or punishment after the commission of the felony, on conviction thereof shall be imprisoned in the custody of the Department of Corrections as follows:

(a) If the felony was a violent crime:

(i) If the maximum punishment was life, death or twenty (20) years or more, for a period not to exceed twenty (20) years; or

(ii) If the maximum punishment for the violent felony was less than twenty (20) years, for a period not to exceed the maximum punishment.

(b) If the felony was a nonviolent crime:

(i) If the maximum punishment for the nonviolent felony was ten (10) years or more, for a period not to exceed ten (10) years; or

(ii) If the maximum punishment for the nonviolent felony was less than ten (10) years, for a period not to exceed the maximum punishment.

(2) For the purposes of this section, “violent crime” means homicide, robbery, manslaughter, sex crimes, burglary of an occupied dwelling, aggravated assault, kidnapping, drive-by shooting, armed robbery, felonious abuse of a vulnerable person, felonies subject to an enhanced penalty, felony child abuse or exploitation, or any violation of Section 97-5-33 relating to exploitation of children, Section 97-5-39(1)(b), 97-5-39(1)(c) or 97-5-39(2) relating to child neglect or abuse, or Section 63-11-30(5) relating to aggravated DUI.

(3) In the prosecution of an offense under this section, it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.

CREDIT(S)

Amended by Laws 2012, Ch. 496, § 1, eff. from and after passage (approved May 1, 2012).

Miss. Code Ann. § 97-1-6

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 1. Conspiracy, Accessories and Attempts (Refs & Annos)

§ 97-1-6. Directing or causing minor to commit felony

In addition to any other penalty and provision of law, any person over the age of seventeen (17) who shall direct or cause any person under the age of seventeen (17) to commit any crime which would be a felony if committed by an adult shall be guilty of a felony and upon conviction shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned for not more than twenty (20) years, or both.

CREDIT(S)

Laws 1994, Ch. 595, § 7, eff. July 1, 1994.

Miss. Code Ann. § 97-1-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 1. Conspiracy, Accessories and Attempts (Refs & Annos)

§ 97-1-7. Punishment of attempt

(1) Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no other specific provision is made by law for the punishment of the attempt, be punished by imprisonment and fine for a period and for an amount not greater than is prescribed for the actual commission of the offense so attempted.

(2) Every person who shall design and endeavor to commit an act which, if accomplished, would constitute an offense of murder under Section 97-3-19, but shall fail therein, or shall be prevented from committing the same, shall be guilty of attempted murder and, upon conviction, shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) years in the custody of the Department of Corrections.

CREDIT(S)

Amended by Laws 2013, H.B. No. 28, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-1-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 1. Conspiracy, Accessories and Attempts (Refs & Annos)

§ 97-1-9. No attempt when crime completed

A person shall not be convicted of an assault with intent to commit a crime, or of any other attempt to commit an offense, when it shall appear that the crime intended or the offense attempted was perpetrated by such person at the time of such assault or in pursuance of such attempt.

Miss. Code Ann. T. 97, Ch. 3, Refs & Annos

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person

Miss. Code Ann. § 97-3-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-1. Abduction for marriage or defilement

Every person who shall take any person over the age of fourteen (14) years unlawfully, against his or her will, and by force, menace, fraud, deceit, stratagem or duress, compel or induce him or her to marry such person or to marry any other person, or to be defiled, and shall be thereof duly convicted, shall be punished by imprisonment in the penitentiary not less than five (5) years and not more than fifteen (15) years.

CREDIT(S)

Laws 1980, Ch. 356, § 1, eff. from and after passage (approved April 23, 1980).

Miss. Code Ann. § 97-3-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-3. Abortion; exceptions; punishment

(1) Any person wilfully and knowingly causing, by means of any instrument, medicine, drug or other means whatever, any woman pregnant with child to abort or miscarry, or attempts to procure or produce an abortion or miscarriage shall be guilty of a felony unless the same were done by a duly licensed, practicing physician:

(a) Where necessary for the preservation of the mother's life;

(b) Where pregnancy was caused by rape.

Said person shall, upon conviction, be imprisoned in the State Penitentiary not less than one (1) year nor more than ten (10) years; provided, however, if the death of the mother results therefrom, the person procuring, causing or attempting to procure or cause the illegal abortion or miscarriage shall be guilty of murder.

(2) No act prohibited in subsection (1) of this section shall be considered exempt under the provisions of subparagraph (a) thereof unless performed upon the prior advice in writing, of two (2) reputable licensed physicians.

(3) The license of any physician or nurse shall be automatically revoked upon conviction under the provisions of this section.

(4) Nothing in this section shall be construed as conflicting with § 41-41-73.

CREDIT(S)

Laws 1952, Ch. 260, §§ 1 to 3; Laws 1966, Ch. 358, § 1; Laws 1997, Ch. 350, § 3, eff. July 1, 1997.

Miss. Code Ann. § 97-3-4

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-4. Allowing child delivered in failed abortion to die; penalties

(1) It shall be unlawful for any physician performing an abortion that results in the delivery of a living child to intentionally allow or cause the child to die.

(2) If the child is viable, such child shall be immediately provided appropriate medical care and comfort care necessary to sustain life. If the child is not viable, such child shall be provided comfort care. The provision of this section shall include, but not be limited to, a child born with physical or mental handicapping conditions which, in the opinion of the parent, the physician or other persons, diminishes the quality of the child's life, a child born alive during the course of an attempted abortion and a child not wanted by the parent.

(3) As used in this section the term “child” includes every infant member of the species homo sapiens who is born alive at any stage of development.

(4) Any person who violates this section shall be guilty of a felony and, upon conviction, be imprisoned for not less than one (1) year nor more than ten (10) years in the State Penitentiary and fined not more than Fifty Thousand Dollars ($50,000.00) but not less than Twenty-five Thousand Dollars ($25,000.00).

CREDIT(S)

Added by Laws 2004, Ch. 436, § 1, eff. July 1, 2004.

Miss. Code Ann. § 97-3-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-5. Helping to obtain abortion, punishment

A person who sells, lends, gives away, or in any manner exhibits, or offers to sell, lend, or give away, or has in his possession with intent to sell, lend, or give away, or advertises or offers for sale, loan or distribution any instrument or article, or any drug or medicine, for causing unlawful abortion; or who writes or prints, or causes to be written or printed, a card, circular, pamphlet, advertisement, or notice of any kind, or gives information orally, stating when, where, how, of whom, or by what means such article or medicine can be purchased or obtained, or who manufactures any such article or medicine, is guilty of a misdemeanor, and, on conviction, shall be punished by fine not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00), and by imprisonment in the county jail not exceeding three (3) months.

CREDIT(S)

Laws 1970, Ch. 344, § 1, eff. from and after passage (approved March 4, 1970).

Miss. Code Ann. § 97-3-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-7. Simple and aggravated assault; simple and aggravated domestic violence

(1)(a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

(b) However, a person convicted of simple assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or family protection specialist or family protection worker employed by the Department of Human Services or another agency, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or a judge of a circuit, chancery, county, justice, municipal or youth court or a judge of the Court of Appeals or a justice of the Supreme Court, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (ii) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or (iii) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult, as defined in Section 43-47-5, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

(2)(a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.

(b) However, a person convicted of aggravated assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker employed by the Department of Human Services or another agency, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or a judge of a circuit, chancery, county, justice, municipal or youth court or a judge of the Court of Appeals or a justice of the Supreme Court, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (ii) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or (iii) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult, as defined in Section 43-47-5, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

(3)(a) A person is guilty of simple domestic violence who:

(i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;

(ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

(iii) Attempts by physical menace to put another in fear of imminent serious bodily harm when the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child.

(b) Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both, except that upon a third or subsequent conviction of simple domestic violence under this section or a substantially similar law of another state, of the United States, or of a federally recognized Native American tribe, whether against the same or another victim, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. In determining the number of prior simple domestic violence convictions for purposes of imposing punishment under this section, the court shall disregard any conviction occurring more than seven (7) years before the simple domestic violence offense in question.

(c) In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.

(4)(a) A person is guilty of aggravated domestic violence who:

(i) Attempts to cause serious bodily injury to another, or causes such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;

(ii) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

(iii) Strangles, or attempts to strangle a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child.

(b) Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years, except that, upon a third or subsequent conviction of aggravated domestic violence, whether against the same or another victim, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. In determining the number of prior aggravated domestic violence convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven (7) years before to the aggravated domestic violence offense in question.

(d) Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4).

(e) A person convicted of aggravated domestic violence shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence.

(5) For the purposes of this section :

(a) “Strangle” means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means.

(b) “Dating relationship” means a social relationship as defined in Section 93-21-3.

(6) Every conviction of domestic violence may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.

(7) When investigating allegations of a violation of subsection (3) or (4) of this section, law enforcement officers shall utilize the form prescribed for such purposes by the Office of the Attorney General in consultation with the sheriff's and police chief's associations. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section.

(8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation “domestic violence.” The court clerk shall enter the disposition of the matter into the corresponding uniform offense report.

CREDIT(S)

Laws 1974, Ch. 458, § 1; Laws 1992, Ch. 431, § 2; Laws 1993, Ch. 580, § 1; Laws 1998, Ch. 425, § 1; Laws 1998, Ch. 525, § 1, eff. July 1, 1998; Laws 1999, Ch. 552, § 2, eff. July 1, 1999; Laws 2000, Ch. 552, § 1, eff. July 1, 2000; Laws 2001, Ch. 566, § 1, eff. July 1, 2001; Laws 2002, Ch. 353, § 1, eff. July 1, 2002; Laws 2004, Ch. 489, § 9, eff. July 1, 2004. Amended by Laws 2006, Ch. 600, § 11, eff. July 1, 2006; Laws 2006, Ch. 589, § 1, eff. July 1, 2006; Laws 2007, Ch. 589, § 10, eff. July 1, 2007; Laws 2008, Ch. 391, § 2, eff. July 1, 2008; Laws 2008, Ch. 553, § 1, eff. July 1, 2008; Laws 2009, Ch. 433, § 3, eff. July 1, 2009. Amended by Laws 2010, Ch. 536, § 1, eff. July 1, 2010; Laws 2011, Ch. 481, § 3, eff. July 1, 2011; Laws 2012, Ch. 514, § 8, eff. July 1, 2012; Laws 2013, H.B. No. 709, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-3-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§§ 97-3-9, 97-3-11. Repealed by Laws 1974, Ch. 458, § 2, eff. July 1, 1974

Miss. Code Ann. § 97-3-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§§ 97-3-9, 97-3-11. Repealed by Laws 1974, Ch. 458, § 2, eff. July 1, 1974

Miss. Code Ann. § 97-3-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-13. Malicious confinement as mentally ill; punishment

Every person or officer who maliciously sends to or confines in a psychiatric hospital or institution or other place, any sane person as a person with mental illness, knowing the person to be sane, shall be guilty of a felony, and, on conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the Penitentiary not more than one (1) year, or in the county jail not more than six (6) months.

CREDIT(S)

Amended by Laws 2008, Ch. 442, § 32, eff. July 1, 2008.

Miss. Code Ann. § 97-3-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-15. Justifiable homicide

(1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:

(a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court;

(b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty;

(c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped;

(d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice;

(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;

(f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;

(g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;

(h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace.

(2)(a) As used in subsection (1)(c) and (d) of this section, the term “when necessarily committed” means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.

(b) As used in subsection (1)(c) and (d) of this section the term “felon” shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the Penitentiary.

(c) As used in subsections (1)(e) and (3) of this section, “dwelling” means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch;

(3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties;

(4) A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.

(5)(a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.

(b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1)(e) or (f) of this section. A defendant who has previously been adjudicated “not guilty” of any crime by reason of subsection (1)(e) or (f) of this section shall be immune from any civil action for damages arising from same conduct.

CREDIT(S)

Laws 1983, Ch. 382, § 1, eff. January 1, 1984; Laws 2006, Ch. 492, § 1, eff. July 1, 2006.

Miss. Code Ann. § 97-3-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-17. Excusable homicide

The killing of any human being by the act, procurement, or omission of another shall be excusable:

(a) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent;

(b) When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation;

(c) When committed upon any sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner.

CREDIT(S)

Laws 1985, Ch. 380, § 1, eff. July 1, 1985.

Miss. Code Ann. § 97-3-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-19. “Murder” and “capital murder” defined

(1) The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases:

(a) When done with deliberate design to effect the death of the person killed, or of any human being, shall be first-degree murder;

(b) When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual, shall be second-degree murder;

(c) When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies, shall be first-degree murder;

(d) When done with deliberate design to effect the death of an unborn child, shall be first-degree murder.

(2) The killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases:

(a) Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity, and with knowledge that the victim was a peace officer or fireman. For purposes of this paragraph, the term “peace officer” means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the Department of Revenue, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary;

(b) Murder which is perpetrated by a person who is under sentence of life imprisonment;

(d) Murder which is perpetrated by any person who has been offered or has received anything of value for committing the murder, and all parties to such a murder, are guilty as principals;

(e) When done with or without any design to effect death, by any person engaged in the commission of the crime of rape, burglary, kidnapping, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or in any attempt to commit such felonies;

(f) When done with or without any design to effect death, by any person engaged in the commission of the crime of felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felony;

(g) Murder which is perpetrated on educational property as defined in Section 97-37-17;

(h) Murder which is perpetrated by the killing of any elected official of a county, municipal, state or federal government with knowledge that the victim was such public official.

(3) An indictment for murder or capital murder shall serve as notice to the defendant that the indictment may include any and all lesser included offenses thereof, including, but not limited to, manslaughter.

CREDIT(S)

Laws 1974, Ch. 576, § 6(1), (2); Laws 1983, Ch. 429, § 1; Laws 1992, Ch. 508, § 1; Laws 1996, Ch. 422, § 3; Laws 1998, Ch. 588, § 1, eff. July 1, 1998; Laws 2000, Ch. 516, § 134, eff. from and after passage (approved April 30, 2000); Laws 2004, Ch. 393, § 1, eff. from and after passage (approved April 20, 2004); Laws 2004, Ch. 515, § 2, eff. from and after passage (approved May 4, 2004). Amended by Laws 2013, S.B. No. 2377, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-3-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-21. Murder and capital murder, punishment

(1) Every person who shall be convicted of first-degree murder shall be sentenced by the court to imprisonment for life in the custody of the Department of Corrections.

(2) Every person who shall be convicted of second-degree murder shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) nor more than forty (40) years in the custody of the Department of Corrections.

(3) Every person who shall be convicted of capital murder shall be sentenced (a) to death; (b) to imprisonment for life in the State Penitentiary without parole; or (c) to imprisonment for life in the State Penitentiary with eligibility for parole as provided in Section 47-7-3(1)(f).

CREDIT(S)

Laws 1974, Ch. 576, § 7; Laws 1977, Ch. 458, § 1; Laws 1994, Ch. 566, § 3, eff. July 1, 1994. Amended by Laws 2013, S.B. No. 2377, § 2, eff. July 1, 2013.

Miss. Code Ann. § 97-3-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-23. Out-of-state duels as murder

Every person who shall, by previous appointment, agreement, or understanding made in this state, fight a duel without the jurisdiction of this state, and, in so doing, shall inflict a wound upon his antagonist or any other person, whereof the person thus injured die within this state, and every second engaged in such duel, shall be guilty of murder in this state, and may be indicted, tried, and convicted in the county where such death shall happen.

Miss. Code Ann. § 97-3-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-25. Manslaughter, punishment

(1) Except as otherwise provided in this section, any person convicted of manslaughter shall be fined in a sum not less than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than one (1) year, or both, or in the custody of the Department of Corrections not less than two (2) years, nor more than twenty (20) years.

(2)(a) A person is guilty of child homicide if:

(i) The person is found guilty of manslaughter in circumstances where the killing, although without malice, was intentional and not accidental; and

(ii) The perpetrator was over the age of twenty-one (21) years and the victim was a child under the age of eighteen (18) years.

(b) A person found guilty of child homicide shall be imprisoned in the custody of the Department of Corrections for a term not to exceed thirty (30) years.

CREDIT(S)

Amended by Laws 2013, S.B. No. 2255, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-3-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-27. Felony manslaughter defined

The killing of a human being without malice, by the act, procurement, or culpable negligence of another, while such other is engaged in the perpetration of any felony, except those felonies enumerated in Section 97-3-19(2) (e) and (f), or while such other is attempting to commit any felony besides such as are above enumerated and excepted, shall be manslaughter.

CREDIT(S)

Laws 1994, 1st Ex. Sess., Ch. 27, § 1, eff. from and after passage (approved August 23, 1994).

Miss. Code Ann. § 97-3-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-29. Manslaughter as killing during other crime or misdemeanor

The killing of a human being without malice, by the act, procurement, or culpable negligence of another, while such other is engaged in the perpetration of any crime or misdemeanor not amounting to felony, or in the attempt to commit any crime or misdemeanor, where such killing would be murder at common law, shall be manslaughter.

Miss. Code Ann. § 97-3-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-31. Manslaughter, resisting unlawful act

Every person who shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any unlawful act, or after such attempt shall have failed, shall be guilty of manslaughter.

Miss. Code Ann. § 97-3-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-33. Manslaughter, involuntary killing during trespass

The involuntary killing of a human being by the act, procurement, or culpable negligence of another, while such human being is engaged in the commission of a trespass or other injury to private rights or property, or is engaged in an attempt to commit such injury, shall be manslaughter.

Miss. Code Ann. § 97-3-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-35. Manslaughter, heat of passion

The killing of a human being, without malice, in the heat of passion, but in a cruel or unusual manner, or by the use of a dangerous weapon, without authority of law, and not in necessary self-defense, shall be manslaughter.

Miss. Code Ann. § 97-3-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-37. Injury to pregnant woman resulting in miscarriage or stillbirth; “human being” defined; crimes; exceptions

(1) For purposes of the offenses enumerated in this subsection (1), the term “human being” includes an unborn child at every stage of gestation from conception until live birth and the term “unborn child” means a member of the species homo sapiens, at any stage of development, who is carried in the womb:

(a) Section 97-3-7, simple and aggravated assault and domestic violence;

(b) Section 97-3-15, justifiable homicide;

(d) Section 97-3-19, murder, capital murder;

(e) Section 97-3-27, homicide while committing a felony;

(f) Section 97-3-29, homicide while committing a misdemeanor;

(g) Section 97-3-33, killing a trespasser unnecessarily;

(h) Section 97-3-35, killing without malice in the heat of passion;

(i) Section 97-3-45, homicide by means of a dangerous animal;

(j) Section 97-3-47, all other homicides;

(k) Section 97-3-61, poisoning with intent to kill or injure.

(2) A person who intentionally injures a pregnant woman is guilty of a crime as follows:

(a) If the conduct results in a miscarriage or stillbirth by that individual, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00), or both.

(b) If the conduct results in serious physical injury to the embryo or fetus, a felony punishable by imprisonment for not more than twenty (20) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.

(c) If the conduct results in minor physical injury to the embryo or fetus, a misdemeanor punishable by imprisonment for not more than six (6) months or a fine of not more than One Thousand Dollars ($1,000.00), or both.

(3) The provisions of this section shall not apply to any legal medical procedure performed by a licensed physician or other licensed medical professional, including legal abortions, when done at the request of a mother of an unborn child or the mother's legal guardian, or to the lawful dispensing or administration of lawfully prescribed medication.

(4) Nothing contained in this section shall be construed to prohibit prosecution of an offender pursuant to the provisions of any other applicable statute.

CREDIT(S)

Laws 2000, Ch. 337, § 1, eff. July 1, 2000; Laws 2004, Ch. 515, § 3, eff. from and after passage (approved May 4, 2004); Laws 2004, Ch. 521, § 1, eff. July 1, 2004. Amended by Laws 2011, Ch. 307, § 1, eff. July 1, 2011.

Miss. Code Ann. § 97-3-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-39. Manslaughter, drunken medical treatment

If any physician or other person, while in a state of intoxication, shall, without a design to effect death, administer or cause to be administered, any poison, drug, or other medicine, or shall perform any surgical operation on another, which shall cause the death of such other person, he shall be guilty of manslaughter.

Miss. Code Ann. § 97-3-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-41. Manslaughter, overloading boat

Any person navigating any boat or vessel for gain, who shall wilfully or negligently receive so many passengers, or such quantity of lading, that by means thereof such boat or vessel shall sink or overset, and thereby any human being shall be drowned or otherwise killed, shall be guilty of manslaughter.

Miss. Code Ann. § 97-3-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-43. Manslaughter, steamboat or railroad engine

If any captain, engineer, or any other person having charge of a steamboat or railroad engine connected with a car or cars used for the conveyance of passengers; or if the engineer or other person having charge of the boiler of such boat or engine, or of any other apparatus for the generation of steam, shall, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, or for the purpose of unusual speed, create or allow to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, or shall thereby cause the said engine or cars to run off of said railroad track, or from any other ignorant or gross neglect shall permit or cause such cars or engine to be thus thrown, by which bursting, breaking, or running off the track any person shall be killed, every such captain, engineer, or other person, shall be guilty of manslaughter.

Miss. Code Ann. § 97-3-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-45. Manslaughter, dangerous animal

If the owner of a mischievous animal, knowing its propensity, wilfully suffer it to go at large, or shall keep it without ordinary care, and such animal, while so at large, or not confined, kill any human being who shall have taken reasonable precautions to avoid the animal, such owner shall be guilty of manslaughter.

Miss. Code Ann. § 97-3-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-47. Manslaughter, generally

Every other killing of a human being, by the act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be manslaughter.

Miss. Code Ann. § 97-3-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-49. Assisting suicide

A person who wilfully, or in any manner, advises, encourages, abets, or assists another person to take, or in taking, the latter's life, or in attempting to take the latter's life, is guilty of felony and, on conviction, shall be punished by imprisonment in the penitentiary not exceeding ten years, or by fine not exceeding one thousand dollars, and imprisonment in the county jail not exceeding one year.

Miss. Code Ann. § 97-3-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-51. Noncustodial parent or relative removing or holding child out of state

(1) For the purposes of this section, the following terms shall have the meaning herein ascribed unless the context otherwise clearly requires:

(a) “Child” means a person under the age of fourteen (14) years at the time a violation of this section is alleged to have occurred.

(b) “Court order” means an order, decree or judgment of any court of this state which is competent to decide child custody matters.

(2) It shall be unlawful for any noncustodial parent or relative with intent to violate a court order awarding custody of a child to another to remove the child from this state or to hold the child out of state after the entry of a court order.

(3) Any person convicted of a violation of subsection (2) of this section shall be guilty of a felony and may be punished by a fine of not more than Two Thousand Dollars ($2,000.00), or by imprisonment in the state penitentiary for a term not to exceed three (3) years, or by both such fine and imprisonment.

(4) The provisions of this section shall not be construed to repeal, modify or amend any other criminal statute of this state.

CREDIT(S)

Laws 1984, Ch. 469, § 1; Laws 1995, Ch. 583, § 1, eff. July 1, 1995.

Miss. Code Ann. § 97-3-52

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-52. Buying and selling of child or unborn child; offense; penalty

(1) Selling, buying, offering to sell and offering to buy a child or an unborn child is prohibited and, upon conviction, shall be punishable by a fine not to exceed Twenty Thousand Dollars ($20,000.00), imprisonment in the custody of the Department of Corrections for a term not to exceed ten (10) years, or both.

(2) This section shall not be construed so as to prohibit any payment to an entity licensed for child placing or as otherwise authorized under Section 43-15-117.

CREDIT(S)

Added by Laws 2009, Ch. 450, § 13, eff. July 1, 2009.

Miss. Code Ann. § 97-3-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-53. Kidnapping, punishment

Any person who, without lawful authority and with or without intent to secretly confine, shall forcibly seize and confine any other person, or shall inveigle or kidnap any other person with intent to cause such person to be confined or imprisoned against his or her will, or without lawful authority shall forcibly seize, inveigle or kidnap any vulnerable person as defined in Section 43-47-5 or any child under the age of sixteen (16) years against the will of the parents or guardian or person having the lawful custody of the child, upon conviction, shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than one (1) year nor more than thirty (30) years in the custody of the Department of Corrections.

This section shall not be held to repeal, modify or amend any other criminal statute of this state.

CREDIT(S)

Laws 1932, Ch. 301, § 1; Laws 1974, Ch. 576, § 3, eff. from and after passage (approved April 23, 1974); Laws 2004, Ch. 365, § 1, eff. July 1, 2004. Amended by Laws 2011, Ch. 341, § 1, eff. July 1, 2011.

Miss. Code Ann. § 97-3-54

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54. Human trafficking; short title

Sections 97-3-54 through 97-3-54.9 may be known and cited as the Mississippi Human Trafficking Act.

CREDIT(S)

Added by Laws 2006, Ch. 583, § 2, eff. July 1, 2006. Amended by Laws 2013, H.B. No. 673, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.1. Human trafficking; offenses

(1)(a) A person who recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services, or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of human-trafficking.

(b) A person who knowingly purchases the forced labor or services of a trafficked person or who otherwise knowingly subjects, or attempts to subject, another person to forced labor or services or who benefits, whether financially or by receiving anything of value from participating in an enterprise that he knows or reasonably should have known has engaged in such acts, shall be guilty of the crime of procuring involuntary servitude.

(c) A person who knowingly subjects, or attempts to subject, or who recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, a minor, knowing that the minor will engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or causes or attempts to cause a minor to engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, shall be guilty of procuring sexual servitude of a minor and shall be punished by commitment to the custody of the Department of Corrections for not less than five (5) nor more than thirty (30) years, or by a fine of not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00), or both. It is not a defense in a prosecution under this section that a minor consented to engage in the commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or that the defendant reasonably believed that the minor was eighteen (18) years of age or older.

(2) If the victim is not a minor, a person who is convicted of an offense set forth in subsection (1)(a) or (b) of this section shall be committed to the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years, or by a fine of not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both. If the victim of the offense is a minor, a person who is convicted of an offense set forth in subsection (1)(a) or (b) of this section shall be committed to the custody of the Department of Corrections for not less than five (5) years nor more than twenty (20) years, or by a fine of not less than Twenty Thousand Dollars ($20,000.00) nor more than One Hundred Thousand Dollars ($100,000.00), or both.

(3) An enterprise may be prosecuted for an offense under this chapter if:

(a) An agent of the enterprise knowingly engages in conduct that constitutes an offense under this chapter while acting within the scope of employment and for the benefit of the entity.

(b) An employee of the enterprise engages in conduct that constitutes an offense under this chapter and the commission of the offense was part of a pattern of illegal activity for the benefit of the enterprise, which an agent of the enterprise either knew was occurring or recklessly disregarded, and the agent failed to take effective action to stop the illegal activity.

(c) It is an affirmative defense to a prosecution of an enterprise that the enterprise had in place adequate procedures, including an effective complaint procedure, designed to prevent persons associated with the enterprise from engaging in the unlawful conduct and to promptly correct any violations of this chapter.

(d) The court may consider the severity of the enterprise's offense and order penalties, including: (i) a fine of not more than One Million Dollars ($1,000,000.00); (ii) disgorgement of profit; and (iii) debarment from government contracts. Additionally, the court may order any of the relief provided in Section 97-3-54.7.

(4) In addition to the mandatory reporting provisions contained in Section 97-5-51, any person who has reasonable cause to suspect a minor under the age of eighteen (18) is a trafficked person shall immediately make a report of the suspected child abuse or neglect to the Department of Human Services and to the Statewide Human Trafficking Coordinator. The Department of Human Services shall then immediately notify the law enforcement agency in the jurisdiction where the suspected child abuse or neglect occurred as required in Section 43-21-353, and the department shall also commence an initial investigation into the suspected abuse or neglect as required in Section 43-21-353. A minor who has been identified as a victim of trafficking shall not be liable for criminal activity in violation of this section.

(5) It is an affirmative defense in a prosecution under this act that the defendant:

(a) Is a victim; and

(b) Committed the offense under a reasonable apprehension created by a person that, if the defendant did not commit the act, the person would inflict serious harm on the defendant, a member of the defendant's family, or a close associate.

CREDIT(S)

Added by Laws 2006, Ch. 583, § 3, eff. July 1, 2006. Amended by Laws 2013, H.B. No. 673, § 2, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.2

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.2. Human trafficking; prevention or restriction of liberty of victim; offense; penalty

Anyone who knowingly destroys, conceals, removes, confiscates or possesses, or attempts to destroy, conceal, remove, confiscate or possess, any actual or purported passport or other immigration document, or any other actual or purported government identification document of any person to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel in order to maintain the labor or services of that person, when the person is or has been a victim of a violation set out in Section 97-3-54.1, shall be punished by commitment to the custody of the Department of Corrections for not more than five (5) years.

CREDIT(S)

Added by Laws 2006, Ch. 583, § 4, eff. July 1, 2006.

Miss. Code Ann. § 97-3-54.3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.3. Aiding or abetting human trafficking

A person who knowingly aids, abets or conspires with one or more persons to violate the Mississippi Human Trafficking Act shall be considered a principal in the offense and shall be indicted and punished as such whether the principal has been previously convicted or not.

CREDIT(S)

Added by Laws 2006, Ch. 583, § 5, eff. July 1, 2006. Amended by Laws 2013, H.B. No. 673, § 3, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.4

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.4. Definitions relating to human trafficking

For the purposes of the Mississippi Human Trafficking Act the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) “Act” or “this act” means the Mississippi Human Trafficking Act.

(b) “Actor” means a person who violates any of the provisions of Sections 97-3-54 through 97-3-54.4.

(c) “Blackmail” means obtaining property or things of value of another by threatening to (i) inflict bodily injury on anyone; (ii) commit any other criminal offense; or (iii) expose any secret tending to subject any person to hatred, contempt or ridicule.

(d) “Commercial sexual activity” means any sex act on account of which anything of value is given to, promised to, or received by any person.

(e) “Enterprise” means any individual, sole proprietorship, partnership, corporation, union or other legal entity, or any association or group of individuals associated in fact regardless of whether a legal entity has been formed pursuant to any state, federal or territorial law. It includes illicit as well as licit enterprises and governmental as well as other entities.

(f) “Financial harm” includes, but is not limited to, extortion as defined by Section 97-3-82, Mississippi Code of 1972, or violation of the usury law as defined by Title 75, Chapter 17, Mississippi Code of 1972.

(g) “Forced labor or services” means labor or services that are performed or provided by another person and are obtained or maintained through an actor:

(i) Causing or threatening to cause serious harm to any person;

(ii) Physically restraining or threatening to physically restrain any person;

(iii) Abusing or threatening to abuse the law or legal process;

(iv) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;

(v) Using blackmail;

(vi) Causing or threatening to cause financial harm to any person;

(vii) Abusing a position of power;

(viii) Using an individual's personal services as payment or satisfaction of a real or purported debt when: 1. the reasonable value of the services is not applied toward the liquidation of the debt; 2. the length of the services is not limited and the nature of the services is not defined; 3. the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 4. the individual is prevented from acquiring accurate and timely information about the disposition of the debt;

(ix) Using any scheme, plan or pattern of conduct intended to cause any person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.

(h) “Labor” means work of economic or financial value.

(i) “Maintain” means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the trafficked person to perform such labor or service.

(j) “Minor” means a person under the age of eighteen (18) years.

(k) “Obtain” means, in relation to labor or services, to secure performance thereof.

(l) “Pecuniary damages” means any of the following:

(i) The greater of the gross income or value to the defendant of the victim's labor or services, including sexual services, not reduced by the expense the defendant incurred as a result of maintaining the victim, or the value of the victim's labor or services calculated under the minimum wage and overtime provisions of the Fair Labor Standards Act, 29 USCS Section 201 et seq., whichever is higher;

(ii) If it is not possible or in the best interest of the victim to compute a value under paragraph (k)(i), the equivalent of the value of the victim's labor or services if the victim had provided labor or services that were subject to the minimum wage and overtime provisions of the Fair Labor Standards Act, 29 USCS 201 et seq.;

(iii) Costs and expenses incurred by the victim as a result of the offense for:

1. Medical services;

2. Therapy or psychological counseling;

3. Temporary housing;

4. Transportation;

5. Childcare;

6. Physical and occupational therapy or rehabilitation;

7. Funeral, interment, and burial services; reasonable attorney's fees and other legal costs; and

8. Other expenses incurred by the victim.

(m) “Serious harm” means harm, whether physical or nonphysical, including psychological, economic or reputational, to an individual that would compel a reasonable person in similar circumstances as the individual to perform or continue to perform labor or services to avoid incurring the harm.

(n) “Services” means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party and includes, without limitation, commercial sexual activity, sexually explicit performances, or the production of sexually explicit materials.

(o) “Sexually explicit performance” means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.

(p) “Trafficked person” means a person subjected to the practices prohibited by this act regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted, and is a term used interchangeably with the terms “victim,” “victim of trafficking” and “trafficking victim.”

(q) “Venture” means any group of two (2) or more individuals associated in fact, whether or not a legal entity.

(r) “Sexually oriented material” shall have the meaning ascribed in Section 97-5-27, Mississippi Code of 1972.

CREDIT(S)

Added by Laws 2006, Ch. 583, § 6, eff. July 1, 2006. Amended by Laws 2013, H.B. No. 673, § 4, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.5. Use of undercover operative in detection of offense permitted

The fact that an undercover operative or law enforcement officer was involved in any manner in the detection and investigation of an offense under this act shall not constitute a defense to a prosecution under this act.

CREDIT(S)

Added by Laws 2013, H.B. No. 673, § 5, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.6

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.6. Injunctive and other relief for victims of trafficking; confidentiality

(1) Any circuit court may, after making due provision for the rights of trafficked persons, enjoin violations of the provisions of this act by issuing appropriate orders and judgments, including, but not limited to:

(a) Ordering any defendant to divest himself of any interest in any enterprise, including real property.

(b) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of the provisions of this act.

(d) Ordering the suspension or revocation of a license or permit granted to any enterprise by any agency of the state.

(e) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of this chapter and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.

(2) Notwithstanding any provisions to the contrary in Section 99-37-1 et seq., the court shall order restitution to the victim for any offense under this chapter. The order of restitution under this section shall direct the defendant to pay the victim, through the appropriate court mechanism, the full amount of the victim's pecuniary damages. For the purposes of determining restitution, the term “victim” means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under eighteen (18) years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim's estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such a representative or guardian. The court may order restitution even if the victim is absent from the jurisdiction or unavailable.

(3) Any person who is injured by reason of any violation of the provisions of this chapter shall have a cause of action against any person or enterprise convicted of engaging in activity in violation of this chapter for threefold the actual damages sustained and, when appropriate, punitive damages. The person shall also recover attorney's fees in the trial and appellate courts and reasonable costs of investigation and litigation.

(4) The application of one (1) civil remedy under any provision of this act shall not preclude the application of any other remedy, civil or criminal, under this act or any other provision of law. Civil remedies under this act are supplemental.

(5) At any time after a conviction under this act, the court in which the conviction was entered may, upon appropriate motion, vacate the conviction if the court finds the defendant's participation in the offense was the result of being a victim. Official documentation from a federal, state or local government agency as to the defendant's status as a victim at the time of the offense creates a presumption that the defendant's participation in the offense was a result of being a victim, but official documentation is not required to grant a motion under this subsection.

(6) In a prosecution or civil action for damages for an offense under this act in which there is evidence that the alleged victim was subjected to sexual servitude, reputation or opinion evidence of past sexual behavior of the alleged victim is not admissible, unless admitted in accordance with the Mississippi Rules of Evidence.

(7) In any investigation or prosecution for an offense under this act, the responsible law enforcement agency or prosecutor's office are required to take all reasonable efforts to keep the identity of the victim and the victim's family confidential by ensuring that the names and identifying information of those individuals are not disclosed to the public.

CREDIT(S)

Added by Laws 2013, H.B. No. 673, § 6, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.7. Forfeiture of assets and disposition of proceeds

(1) In addition to any other civil or criminal penalties provided by law, any property used in the commission of a violation of this act shall be forfeited as provided herein.

(a) The following property shall be subject to forfeiture if used or intended for use as an instrumentality in or used in furtherance of a violation of this act:

(i) Conveyances, including aircraft, vehicles or vessels;

(ii) Books, records, telecommunication equipment, or computers;

(iii) Money or weapons;

(iv) Everything of value furnished, or intended to be furnished, in exchange for an act in violation and all proceeds traceable to the exchange;

(v) Negotiable instruments and securities;

(vi) Any property, real or personal, directly or indirectly acquired or received in a violation or as an inducement to violate;

(vii) Any property traceable to proceeds from a violation; and

(viii) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land used in furtherance of a violation of this act.

(b)(i) No property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the property is a consenting party or privy to a violation of this act;

(ii) No property is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the property is a leased or rented property, then the confiscating authority shall notify the owner of the property within five (5) days of the confiscation or within five (5) days of forming reason to believe that the property is a leased or rented property;

(iii) Forfeiture of a property encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission.

(2) No property shall be forfeited under the provisions of this section, to the extent of the interest of an owner, by reason of any act or omission established by him to have been committed or omitted without his knowledge or consent.

(3) Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant.

(4)(a) When any property is seized under this section, proceedings shall be instituted within a reasonable period of time from the date of seizure or the subject property shall be immediately returned to the party from whom seized.

(b) A petition for forfeiture shall be filed by the Attorney General or a district attorney in the name of the State of Mississippi, the county, or the municipality, and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought, or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in the circuit court or the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21. A copy of the petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(i) The owner of the property, if address is known;

(ii) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of the secured party can be ascertained by the entity filing the petition by making a good faith effort to ascertain the identity of the secured party;

(iii) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the seizing law enforcement agency has actual knowledge; and

(iv) Any person in possession of property subject to forfeiture at the time that it was seized.

(5) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, inquiry of the Department of Revenue shall be made as to what the records of the Department of Revenue show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest that affects the vehicle.

(6) If the property is a motor vehicle and is not titled in the State of Mississippi, then an attempt shall be made to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, inquiry of the appropriate agency of that state shall be made as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device that affects the vehicle.

(7) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, inquiry of the appropriate office designated in Section 75-9-501, shall be made as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(8) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, inquiry of the Mississippi Department of Transportation shall be made as to what the records of the Federal Aviation Administration show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.

(9) If the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust that affects the property, the record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest, or holder of an encumbrance, mortgage or deed of trust that affects the property is to be named in the petition of forfeiture and is to be served with process in the same manner as in civil cases.

(10) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, there shall be filed with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of ...............,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, and shall be served as provided in Section 11-33-37, for publication of notice for attachments at law.

(11) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by this section shall be introduced into evidence at the hearing.

(12)(a) An owner of a property that has been seized shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the seizing law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court if court would not be in session within thirty (30) days after filing the answer. The court may postpone the forfeiture hearing to a date past the time any criminal action is pending against the owner upon request of any party.

(b) If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The burden of proof placed upon the petitioner in regard to property forfeited under the provisions of this chapter shall be by a preponderance of the evidence.

(c) At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.

(d) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest, or any holder of a bona fide encumbrance, mortgage or deed of trust is greater than or equal to the present value of the property, the court shall order the property released to him. If the interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited.

(13) Unless otherwise provided herein, all personal property which is forfeited under this section shall be liquidated and, after deduction of court costs and the expense of liquidation, the proceeds shall be divided as follows:

(a) If only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the Relief for Victims of Human Trafficking Fund, and fifty percent (50%) shall be deposited and credited to the budget of the participating law enforcement agency.

(b) If more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the Relief for Victims of Human Trafficking Fund, twenty-five percent (25%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and twenty-five percent (25%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their twenty-five percent (25%), a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.

(14) All money forfeited under this section shall be divided, deposited and credited in the same manner as provided in subsection (13).

(15) All real estate forfeited under the provisions of this section shall be sold to the highest and best bidder at a public auction for cash, the auction to be conducted by the chief law enforcement officer of the initiating law enforcement agency, or his designee, at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution at law. The proceeds of the sale shall first be applied to the cost and expense in administering and conducting the sale, then to the satisfaction of all mortgages, deeds of trust, liens and encumbrances of record on the property. The remaining proceeds shall be divided, forwarded and deposited in the same manner as provided in subsection (13).

(16)(a) Any county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property described in subsection (1)(a)(i) of this section that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. The county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (9) of this section.

(b)(i) If a vehicle is forfeited to or transferred to a sheriff's department, then the sheriff may transfer the vehicle to the county for official or governmental use as the board of supervisors may direct.

(ii) If a vehicle is forfeited to or transferred to a police department, then the police chief may transfer the vehicle to the municipality for official or governmental use as the governing authority of the municipality may direct.

(c) If a motor vehicle forfeited to a county or municipal law enforcement agency becomes obsolete or is no longer needed for official or governmental purposes, it may be disposed of in accordance with Section 19-7-5 or in the manner provided by law for disposing of municipal property.

(17) The forfeiture procedure set forth in this section is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.

CREDIT(S)

Added by Laws 2013, H.B. No. 673, § 7, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.8

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.8. Relief for Victims of Human Trafficking Fund

(1) There is hereby created in the State Treasury a special fund to be known as the “Relief for Victims of Human Trafficking Fund.” The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:

(a) Monies appropriated by the Legislature;

(b) The interest accruing to the fund;

(d) Monies received from such other sources as may be provided by law.

(2) The monies in the Relief for Victims of Human Trafficking Fund shall be used by the Mississippi Attorney General's office solely for the administration of programs designed to assist victims of human trafficking, to conduct training on human trafficking to law enforcement, court personnel, attorneys, and nongovernmental service providers, and to support the duties of the statewide human trafficking coordinator as set forth in this act.

CREDIT(S)

Added by Laws 2013, H.B. No. 673, § 8, eff. July 1, 2013.

Miss. Code Ann. § 97-3-54.9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-54.9. Statewide Human Trafficking Coordinator; duties

(1) There is created the position of statewide human trafficking coordinator within the Attorney General's office. The duties of the coordinator shall be as follows:

(a) Coordinate the implementation of this act;

(b) Evaluate state efforts to combat human trafficking;

(c) Collect data on human trafficking activity within the state on an ongoing basis, including types of activities reported, efforts to combat human trafficking, and impact on victims and on the state;

(d) Exclude from publicly released portions of the data collected under subsection (1)(c) the identity of any victim and the victim's family;

(e) Promote public awareness about human trafficking, remedies and services for victims, and national hotline information;

(f) Create and maintain a website to publicize the coordinator's work;

(g) Submit to the Legislature an annual report of its evaluation under subsection (1)(b), including any recommendations, and summary of data collected under subsection (1)(c);

(h) Develop and implement rules and regulations pertaining to the use of the Relief for Victims of Human Trafficking Fund to support services for victims of human trafficking in Mississippi;

(i) Assist in the creation and operations of local human trafficking task forces or working groups around the state, including serving on a task force; and

(j) Conduct other activities, including, but not limited to, applying for grants to enhance investigation and prosecution of trafficking offenses or to improve victim services to combat human trafficking within this state which are appropriate.

(2) The coordinator shall be authorized to seek input and assistance from state agencies, nongovernmental agencies, service providers and other individuals in the performance of the foregoing duties.

(3) Each state agency, board and commission shall be required to fully cooperate with the coordinator in the performance of the duties of that position.

(4) Every investigation of an offense under this chapter shall be reported to the coordinator by the initiating law enforcement agency pursuant to guidelines established by the coordinator.

(5) Notwithstanding the provisions of Section 43-21-261, disclosure by any state agency, nongovernmental agency, service provider or local or state law enforcement agency of nonidentifying information regarding a minor victim to the coordinator for the purposes of evaluating and collecting data regarding trafficking offenses in the state is specifically authorized.

CREDIT(S)

Added by Laws 2013, H.B. No. 673, § 9, eff. July 1, 2013.

Miss. Code Ann. § 97-3-55

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-55. Libel, punishment

Any person who shall be convicted of writing or publishing any libel, shall be fined in such sum or imprisoned in the county jail for such term as the court, in its discretion, may adjudge, having regard to the nature and enormity of the offense, or be punished by both such fine and imprisonment.

Miss. Code Ann. § 97-3-57

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-57. Truth as defense to libel

In every criminal prosecution for libel it shall be lawful for the defendant, upon the trial, to give in evidence the truth of the matter written or published, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the defendant shall be acquitted.

Miss. Code Ann. § 97-3-59

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-59. Mayhem, definition and punishment

Every person who, from premeditated design or with intent to kill or commit any felony, shall mutilate, disfigure, disable or destroy the tongue, eye, lip, nose, or any other limb or member of any person, shall be guilty of mayhem, and, on conviction thereof, shall be punished by imprisonment in the penitentiary not more than seven years or in the county jail not less than six months.

Miss. Code Ann. § 97-3-61

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-61. Poisoning generally, punishment

Every person who shall mingle any poison with any food, drink, or medicine with intent to kill or injure any human being, or who shall wilfully poison any well, spring, or reservoir of water, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding ten years, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both.

Miss. Code Ann. § 97-3-63

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-63. Poisoning, victim survives; punishment

Every person who shall be convicted of having administered, or having caused or procured to be administered, any poison to any human being with intent to kill such human being, whereof death shall not ensue, shall be punished by imprisonment in the penitentiary for a term not less than ten years.

Miss. Code Ann. § 97-3-65

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-65. Statutory rape; drugging; spousal rape

(1) The crime of statutory rape is committed when:

(a) Any person seventeen (17) years of age or older has sexual intercourse with a child who:

(i) Is at least fourteen (14) but under sixteen (16) years of age;

(ii) Is thirty-six (36) or more months younger than the person; and

(iii) Is not the person's spouse; or

(b) A person of any age has sexual intercourse with a child who:

(i) Is under the age of fourteen (14) years;

(ii) Is twenty-four (24) or more months younger than the person; and

(iii) Is not the person's spouse.

(2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape.

(3) Upon conviction for statutory rape, the defendant shall be sentenced as follows:

(a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both;

(b) If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense;

(c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;

(d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine.

(4)(a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine.

(b) This subsection (4) shall apply whether the perpetrator is married to the victim or not.

(5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child.

(6) For the purposes of this section, “sexual intercourse” shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female.

CREDIT(S)

Laws 1974, Ch. 576, § 8; Laws 1977, Ch. 458, § 7; Laws 1985, Ch. 389, § 3; Laws 1993, Ch. 497, § 1; Laws 1998, Ch. 549, § 2, eff. July 1, 1998. Amended by Laws 2007, Ch. 335, § 1, eff. from and after passage (approved March 14, 2007).

Miss. Code Ann. § 97-3-67

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-67. Repealed by Laws 1998, Ch. 549, § 6, eff. July 1, 1998

Miss. Code Ann. § 97-3-68

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-68. Rape, attacking complaining witness's credibility

(1) In any prosecution for rape under section 97-3-65, 97-3-67 or 97-3-71, if evidence of sexual conduct of the complaining witness is offered to attack the credibility of said complaining witness, the following procedure shall be followed:

(a) A written motion shall be made by the defendant to the court and prosecutor stating that the defense has an offer of proof of the relevancy of evidence of the sexual conduct of the complaining witness proposed to be presented and its relevancy in attacking the credibility of the complaining witness.

(b) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.

(c) If the court finds that the offer of proof is sufficient, the court shall order a closed hearing in chambers, out of the presence of the jury, if any, and at such closed hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant.

(d) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant and otherwise admissible, the court may make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.

(2) As used in sections 97-3-68 and 97-3-70, “complaining witness” means the alleged victim of the crime charged, the prosecution of which is subject to this section.

CREDIT(S)

Laws 1977, Ch. 438, § 1, eff. July 1, 1977.

Miss. Code Ann. § 97-3-69

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-69. Rape, chastity presumed; corroboration requirement

In the trial of all cases under the last preceding section, it shall be presumed that the female was previously of chaste character, and the burden shall be upon the defendant to show that she was not; but no person shall be convicted upon the uncorroborated testimony of the injured female.

Miss. Code Ann. § 97-3-70

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-70. Repealed by Laws 1991, Ch. 573, § 141, eff. July 1, 1991

Miss. Code Ann. § 97-3-71

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-71. Assault with intent to ravish

Every person who shall be convicted of an assault with intent to forcibly ravish any female of previous chaste character shall be punished by imprisonment in the penitentiary for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty.

CREDIT(S)

Laws 1962, Ch. 321, § 1, eff. from and after passage (approved March 8, 1962).

Miss. Code Ann. § 97-3-73

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-73. “Robbery” defined

Every person who shall feloniously take the personal property of another, in his presence or from his person and against his will, by violence to his person or by putting such person in fear of some immediate injury to his person, shall be guilty of robbery.

Miss. Code Ann. § 97-3-75

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-75. Robbery, punishment

Every person convicted of robbery shall be punished by imprisonment in the penitentiary for a term not more than fifteen years.

Miss. Code Ann. § 97-3-77

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-77. Robbery, threatening injury at different time

Every person who shall feloniously take the personal property of another, in his presence or from his person, which shall have been delivered or suffered to be taken through fear of some injury threatened to be inflicted at some different time to his person or property, or to the person of any member of his family or relative, which fear shall have been produced by the threats of the person so receiving or taking such property, shall be guilty of robbery.

Miss. Code Ann. § 97-3-79

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-79. Robbery using deadly weapon; punishment

Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be guilty of robbery and, upon conviction, shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life in the state penitentiary the court shall fix the penalty at imprisonment in the state penitentiary for any term not less than three (3) years.

CREDIT(S)

Laws 1932, Ch. 328, § 1; Laws 1974, Ch. 576, § 4, eff. from and after passage (approved April 23, 1974).

Miss. Code Ann. § 97-3-81

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-81. Attempting to rob by extortion; punishment

Every person who shall knowingly send or deliver, or shall make, and, for the purpose of being sent or delivered, shall part with the possession of any letter or writing with or without a name subscribed thereto, or signed with a fictitious name, or with any letter, mark, or other designation, threatening therein to accuse any person of a crime or to do any injury to the person or property of any one, with a view or intent to extort or gain money or property of any description belonging to another, shall be guilty of an attempt to rob, and shall, on conviction be punished by imprisonment in the penitentiary not exceeding five years.

Miss. Code Ann. § 97-3-82

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-82. Extortion; definitions, violations and penalties

(1) For the purposes of this section the following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) “Obtain” means: (i) in relation to property, to bring about a transfer or purported transfer of a legal interest in, or physical possession of, the property, whether to the obtainer or another; or (ii) in relation to labor or service, or any reward, favor, or advantage of any kind, to secure performance thereof; or attempt to do (i) or (ii).

(b) “Property” means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, choses-in-action, reputation of a person and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power.

(c) “Property of another” includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

(d) “Public official” means any person elected or appointed to any office, position or employment whereby the person is paid a fee or salary by the State of Mississippi or any political subdivision thereof or any agency or subdivision of the government of the United States, regardless of the source or sources of the funds for the payment.

(2) A person is guilty of extortion if he purposely obtains or attempts to obtain property of another or any reward, favor, or advantage of any kind by threatening to inflict bodily injury on any person or by committing or threatening to commit any other criminal offense, violation of civil statute, or the public or private revelation of information not previously in the public domain for the purpose of humiliating or embarrassing the other person, without regard to whether the revelation otherwise constitutes a violation of a specific statute.

(3)(a) Except as provided in paragraph (d) of this subsection, any person, whether a public official or not, who commits the offense of extortion of property or things of value of another under the value of Five Hundred Dollars ($500.00) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not to exceed six (6) months.

(b) Except as provided in paragraph (d) of this subsection, any person, whether a public official or not, who commits the offense of extortion of property or things of value of another of the value of Five Hundred Dollars ($500.00) or more shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed fifteen (15) years.

(c) Except as provided in paragraph (d) of this subsection, any person, whether a public official or not, who commits the offense of extortion in order to obtain any intangible reward, favor or advantage to which no monetary value is normally given shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed fifteen (15) years.

(d) Any public official acting in his official capacity or under color of his office who commits the offense of extortion in order to obtain any intangible reward, favor or advantage to which no monetary value is normally given, or who commits the offense of extortion of tangible property, regardless of the value of the property, shall be guilty of a felony and, upon conviction thereof, shall be punished by commitment to the custody of the Department of Corrections for a term not less than two (2) nor more than twenty (20) years.

CREDIT(S)

Laws 1994, Ch. 466, §§ 1, 2, eff. July 1, 1994; Laws 2001, Ch. 384, § 1, eff. July 1, 2001; Laws 2005, Ch. 538, § 2, eff. July 1, 2005.

Miss. Code Ann. § 97-3-83

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-83. Robbery of intangibles; punishment

Robbery of obligations or bonds, bill obligatory, bank bills or bills of exchange, promissory notes for the payment of any money or specific property, paper bills of credit, cotton receipts, railroad passenger tickets, certificates granted by or under authority of this state or the United States, or any state, territory, or district therein, or of any foreign country, shall be punished in the same manner, both as to the principal and accessory, as robbery of goods and chattels.

Miss. Code Ann. § 97-3-85

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-85. Threatening letters, punishment

If any person shall post, mail, deliver, or drop a threatening letter or notice to another, whether such other be named or indicated therein or not, with intent to terrorize or to intimidate such other, he shall, upon conviction, be punished by imprisonment in the county jail not more than six months, or by fine not more than five hundred dollars, or both.

Miss. Code Ann. § 97-3-87

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-87. Threats, abandoning home or job

Any person or persons who shall, by placards, or other writing, or verbally, attempt by threats, direct or implied, of injury to the person or property of another, to intimidate such other person into an abandonment or change of home or employment, shall, upon conviction, be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or in the penitentiary not exceeding five years, as the court, in its discretion may determine.

Miss. Code Ann. § 97-3-89

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-89. Harassing or damaging lumber owner

Any person who shall maliciously and knowingly drive, force, place, or otherwise insert, or cause to be driven, forced, placed or otherwise inserted any piece or kind of iron, steel, or metallic spike, nail, bar, rod, explosive, or other substance of any kind whatsoever into any kind of saw timber, trees, logs, or timber or logs, standing or fallen, which are not his own, and which are, or may be classed as commercial, or merchantable timber, logs or trees, from which lumber may be produced, with the intent and purpose of annoying, harassing, injuring or damaging the owner of same, in his person or property, or any other person, or for any other unauthorized purpose whatsoever, without the consent of the owner of such timber, logs, or trees, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail not less than three months nor more than six months, or by a fine not exceeding five hundred dollars, or both.

Miss. Code Ann. § 97-3-91

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-91. Injury resulting from such conduct

When any person shall be physically injured in handling, sawing, squaring, or otherwise manufacturing such trees, logs, or timber into lumber, or other sawmill products, by reason of such metallic or explosive substances having been driven, inserted or placed in such timber, trees, or logs, the person so offending shall be guilty of a felony and on conviction shall be imprisoned in the penitentiary for a period of not more than ten years.

Miss. Code Ann. § 97-3-93

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-93. Death resulting from such conduct

Whenever the death of any person shall be caused by reason of such metallic or explosive substances having been driven, placed or inserted in such merchantable timber as provided in § 97-3-89, the person so offending shall be guilty of manslaughter, and upon conviction shall be punished as the law directs.

Miss. Code Ann. § 97-3-95

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-95. “Sexual battery” defined

(1) A person is guilty of sexual battery if he or she engages in sexual penetration with:

(a) Another person without his or her consent;

(b) A mentally defective, mentally incapacitated or physically helpless person;

(c) A child at least fourteen (14) but under sixteen (16) years of age, if the person is thirty-six (36) or more months older than the child; or

(d) A child under the age of fourteen (14) years of age, if the person is twenty-four (24) or more months older than the child.

(2) A person is guilty of sexual battery if he or she engages in sexual penetration with a child under the age of eighteen (18) years if the person is in a position of trust or authority over the child including without limitation the child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

CREDIT(S)

Laws 1980, Ch. 450, § 1; Laws 1983, Ch. 429, § 3; Laws 1985, Ch. 389, § 6; Laws 1993, Ch. 512, § 2; Laws 1998, Ch. 549, § 3, eff. July 1, 1998.

Miss. Code Ann. § 97-3-97

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-97. Sexual battery, definitions

For purposes of sections 97-3-95 through 97-3-103 the following words shall have the meaning ascribed herein unless the context otherwise requires:

(a) “Sexual penetration” includes cunnilingus, fellatio, buggery or pederasty, any penetration of the genital or anal openings of another person's body by any part of a person's body, and insertion of any object into the genital or anal openings of another person's body.

(b) A “mentally defective person” is one who suffers from a mental disease, defect or condition which renders that person temporarily or permanently incapable of knowing the nature and quality of his or her conduct.

(c) A “mentally incapacitated person” is one rendered incapable of knowing or controlling his or her conduct, or incapable of resisting an act due to the influence of any drug, narcotic, anesthetic, or other substance administered to that person without his or her consent.

(d) A “physically helpless person” is one who is unconscious or one who for any other reason is physically incapable of communicating an unwillingness to engage in an act.

CREDIT(S)

Laws 1980, Ch. 450, § 2, eff. July 1, 1980.

Miss. Code Ann. § 97-3-99

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-99. Sexual battery, defense of marriage

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.

CREDIT(S)

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

Miss. Code Ann. § 97-3-101

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-101. Sexual battery, punishment

(1) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(a), (b), or (2) shall be imprisoned in the State Penitentiary for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the penitentiary for not more than forty (40) years.

(2)(a) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is at least eighteen (18) but under twenty-one (21) years of age shall be imprisoned for not more than five (5) years in the State Penitentiary or fined not more than Five Thousand Dollars ($5,000.00), or both;

(b) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is twenty-one (21) years of age or older shall be imprisoned not more than thirty (30) years in the State Penitentiary or fined not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense.

(3) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(d) who is eighteen (18) years of age or older shall be imprisoned for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years.

(4) Every person who shall be convicted of sexual battery who is thirteen (13) years of age or older but under eighteen (18) years of age shall be sentenced to such imprisonment, fine or other sentence as the court, in its discretion, may determine.

CREDIT(S)

Laws 1980, Ch. 450, § 4; Laws 1993, Ch. 512, § 3; Laws 1995, Ch. 596, § 15; Laws 1998, Ch. 549, § 4, eff. July 1, 1998; Laws 1999, Ch. 560, § 2, eff. from and after passage (approved April 21, 1999).

Miss. Code Ann. § 97-3-103

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-103. Sexual battery, other statutes unaffected

Sections 97-3-95 through 97-3-103 shall not be held to repeal, modify or amend any other criminal statute of this state.

CREDIT(S)

Laws 1980, Ch. 450, § 5, eff. July 1, 1980.

Miss. Code Ann. § 97-3-104

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-104. Sex between law-enforcement or correctional officer or employee and offender

(1) It is unlawful for any jailer, guard, employee of the Department of Corrections, sheriff, constable, marshal, other officer, or employee of a law enforcement agency or correctional facility to engage in any sexual penetration, as defined in Section 97-3-97, or other sexual act with any offender, with the offender's consent, who is incarcerated at any jail or any state, county or private correctional facility or who is serving on probation, parole, earned-release supervision, post-release supervision, earned probation, intensive supervision or any other form of correctional supervision.

(2) It is unlawful for any civilian with supervisory or custodial authority over an offender to engage in any sexual penetration, as defined in Section 97-3-97, or other sexual act with the offender, with the offender's consent, who is incarcerated at any jail or any state, county or private correctional facility.

(3) Any person who violates this section is guilty of a felony and upon conviction shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed five (5) years, or both.

CREDIT(S)

Laws 1998, Ch. 470, § 1, eff. from and after passage (approved March 26, 1998); Laws 2004, Ch. 589, § 1, eff. July 1, 2004; Laws 2005, Ch. 518, § 1, eff. July 1, 2005. Amended by Laws 2010, Ch. 369, § 1, eff. from and after passage (approved March 17, 2010).

Miss. Code Ann. § 97-3-105

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-105. Hazing; punishment

(1) A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury.

(2) Any person violating the provisions of subsection (1) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00) or imprisonment in the county jail for not more than six (6) months, or both.

(3) A person is guilty of hazing in the second degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person.

(4) Any person violating the provisions of subsection (3) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00).

(5) The provisions of this section shall be in addition to other criminal laws, and actions taken pursuant to this section shall not bar prosecutions for other violations of criminal law.

CREDIT(S)

Laws 1990, Ch. 343, § 1, eff. July 1, 1990.

Miss. Code Ann. § 97-3-107

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-107. Stalking and aggravated stalking; elements; venue; defenses; penalties; restraining orders; definitions; application

(1)(a) Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking.

(b) A person who is convicted of the crime of stalking under this section shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000. 00), or by both such fine and imprisonment.

(c) Any person who is convicted of a violation of this section when there is in effect at the time of the commission of the offense a valid temporary restraining order, ex parte protective order, protective order after hearing, court approved consent agreement, or an injunction issued by a municipal, justice, county, circuit or chancery court, federal or tribal court or by a foreign court of competent jurisdiction prohibiting the behavior described in this section against the same party, shall be punished by imprisonment in the county jail for not more than one (1) year and by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00).

(2)(a) A person who commits acts that would constitute the crime of stalking as defined in this section is guilty of the crime of aggravated stalking if any of the following circumstances exist:

(i) At least one (1) of the actions constituting the offense involved the use or display of a deadly weapon with the intent to place the victim of the stalking in reasonable fear of death or great bodily injury to self or a third person;

(ii) Within the past seven (7) years, the perpetrator has been previously convicted of stalking or aggravated stalking under this section or a substantially similar law of another state, political subdivision of another state, of the United States, or of a federally recognized Indian tribe, whether against the same or another victim; or

(iii) At the time of the offense, the perpetrator was a person required to register as a sex offender pursuant to state, federal, military or tribal law and the victim was under the age of eighteen (18) years.

(b) Aggravated stalking is a felony punishable as follows:

(i) Except as provided in subparagraph (ii), by imprisonment in the custody of the Department of Corrections for not more than five (5) years and a fine of not more than Three Thousand Dollars ($3,000.00).

(ii) If, at the time of the offense, the perpetrator was required to register as a sex offender pursuant to state, federal, military or tribal law, and the victim was under the age of eighteen (18) years, by imprisonment for not more than six (6) years in the custody of the Department of Corrections and a fine of Four Thousand Dollars ($4,000.00).

(3) Upon conviction, the sentencing court shall consider issuance of an order prohibiting the perpetrator from any contact with the victim. The duration of any order prohibiting contact with the victim shall be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim or another person.

(4) Every conviction of stalking or aggravated stalking may require as a condition of any suspended sentence or sentence of probation that the defendant, at his own expense, submit to psychiatric or psychological counseling or other such treatment or behavioral modification program deemed appropriate by the court.

(5) In any prosecution under this section, it shall not be a defense that the perpetrator was not given actual notice that the course of conduct was unwanted or that the perpetrator did not intend to cause the victim fear.

(6) When investigating allegations of a violation of this section, law enforcement officers shall utilize the Uniform Offense Report prescribed by the Office of the Attorney General in consultation with the sheriffs' and police chiefs' associations. However, failure of law enforcement to utilize the Uniform Offense Report shall in no way invalidate the crime charged under this section.

(7) For purposes of venue, any violation of this section shall be considered to have been committed in any county in which any single act was performed in furtherance of a violation of this section. An electronic communication shall be deemed to have been committed in any county from which the electronic communication is generated or in which it is received.

(8) For the purposes of this section:

(a) “Course of conduct” means a pattern of conduct composed of a series of two (2) or more acts over a period of time, however short, evidencing a continuity of purpose and that would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property. Such acts may include, but are not limited to, the following or any combination thereof, whether done directly or indirectly: (i) following or confronting the other person in a public place or on private property against the other person's will; (ii) contacting the other person by telephone or mail, or by electronic mail or communication as defined in Section 97-45-1; or (iii) threatening or causing harm to the other person or a third party.

(b) “Credible threat” means a verbal or written threat to cause harm to a specific person or to cause damage to property that would cause a reasonable person to fear for the safety of that person or damage to the property.

(9) The incarceration of a person at the time the threat is made shall not be a bar to prosecution under this section. Constitutionally protected activity is not prohibited by this section.

CREDIT(S)

Laws 1992, Ch. 532, § 1; Laws 1996, Ch. 326, § 1, eff. from and after passage (approved March 17, 1996); Laws 2000, Ch. 553, § 1, eff. July 1, 2000; Laws 2006, Ch. 583, § 1, eff. from and after passage (approved April 21, 2006). Amended by Laws 2010, Ch. 453, § 1, eff. July 1, 2010.

Miss. Code Ann. § 97-3-109

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-109. Drive-by shootings and bombings; penalties; arrest power

(1) A person is guilty of a drive-by shooting if he attempts, other than for lawful self-defense, to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life by discharging a firearm while in or on a vehicle.

(2) A person is guilty of a drive-by bombing if he attempts to cause serious bodily injury to another or attempts to cause damage to the property of another, or causes such injury or damage purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life by throwing or ejecting any bomb or explosive device from a vehicle while in or on the vehicle.

(3) A person convicted of violating subsection (1) or (2) of this section shall be punished by commitment to the custody of the State Department of Corrections for a term not to exceed thirty (30) years and a fine not to exceed Ten Thousand Dollars ($10,000.00). A drive-by shooting or a drive-by bombing shall be a felony.

(4) This section shall not be construed to restrict the power to apprehend or arrest a person committing an offense if such apprehension or arrest is otherwise lawful.

CREDIT(S)

Laws 1993, Ch. 376, § 1; Laws 1994, Ch. 373, § 1; Laws 1995, Ch. 608, § 2, eff. July 1, 1995.

Miss. Code Ann. § 97-3-110

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-110. Seizure and forfeiture of firearms and motor vehicles; unlawful possession and drive-by shootings or bombings by minors

(1) Whenever a person under eighteen (18) years of age is unlawfully in possession of a firearm, the firearm shall be seized and, after an adjudication of delinquency or conviction, shall be subject to forfeiture.

(2) Whenever a person under eighteen (18) years of age unlawfully discharges a firearm in or throws or ejects a bomb from a motor vehicle in violation of Section 97-3-109, Mississippi Code of 1972, the motor vehicle shall be subject to seizure and, after an adjudication of delinquency or conviction, be subject to forfeiture pursuant to the procedures set forth in Section 97-3-111, Mississippi Code of 1972.

CREDIT(S)

Laws 1995, Ch. 608, § 1, eff. July 1, 1995.

Miss. Code Ann. § 97-3-111

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-111. Forfeiture of vehicles used in drive-by shootings or bombings; procedure

(1) All vehicles which are used in any manner to facilitate the discharging of a firearm or the throwing or ejection of a bomb or explosive device in violation of Section 97-3-109 shall be subject to forfeiture, however:

(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of Sections 97-3-109 and 97-3-111;

(b) No conveyance is subject to forfeiture under this section by reason of any act or omission proved by the owner thereof to have been committed or omitted without his knowledge or consent; if the confiscating authority has reason to believe that the conveyance is a leased or rented conveyance, then the confiscating authority shall notify the owner of the conveyance within five (5) days of the confiscation;

(c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission.

(2) Except as otherwise provided in subsection (16), when any property is seized pursuant to subsection (1), proceedings under this section shall be instituted promptly.

(3) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi, the county or the municipality and may be filed in the county in which the seizure is made, the county in which the criminal prosecution is brought or the county in which the owner of the seized property is found. Forfeiture proceedings may be brought in (a) the circuit court, or (b) the county court if a county court exists in the county and the value of the seized property is within the jurisdictional limits of the county court as set forth in Section 9-9-21, Mississippi Code of 1972, or (c) the youth court in the case of a person adjudicated delinquent where the underlying basis for the delinquency is a violation of Section 97-3-109, Mississippi Code of 1972. A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(a) The owner of the property, if address is known;

(b) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the local law enforcement agency by making a good faith effort to ascertain the identity of such secured party as described in subsections (4), (5), (6), (7) and (8) of this section;

(c) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the local law enforcement agency has actual knowledge; and

(d) Any person in possession of property subject to forfeiture at the time that it was seized.

(4) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the local law enforcement agency shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(5) If the property is a motor vehicle and is not titled in the State of Mississippi, then the local law enforcement agency shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the local law enforcement agency shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest or other instrument in the nature of a security device which affects the vehicle.

(6) In the event the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest or other interest which affects the property, the local law enforcement agency shall cause any record owner and also any lienholder, secured party or other person who holds an interest in the property in the nature of a security interest which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(7) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the local law enforcement agency shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of __________”, filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, Mississippi Code of 1972, and shall be served as provided in Section 11-33-37, Mississippi Code of 1972, for publication of notice for attachments at law.

(8) No proceedings instituted pursuant to the provisions of this section shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by subsections (4) through (5) of this section shall be introduced into evidence at the hearing.

(9) Except as otherwise provided in subsection (16), an owner of property that has been seized pursuant to subsection (1) shall file an answer within thirty (30) days after the completion of service of process. If an answer is not filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the local law enforcement agency. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court, if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the local law enforcement agency or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.

(10) If the owner of the property has filed an answer denying that the property is subject to forfeiture, then the burden is on the petitioner to prove that the property is subject to forfeiture. However, if an answer has not been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture. The standard of proof placed upon the petitioner in regard to property forfeited under the provisions of Sections 97-3-109 and 97-3-111 shall be by a preponderance of the evidence.

(11) At the hearing any claimant of any right, title or interest in the property may prove his lien, encumbrance, security interest or other interest in the nature of a security interest to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.

(12) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the local law enforcement agency. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party or other person holding an interest in the property in the nature of a security interest is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the local law enforcement agency.

(13) All other property which is forfeited under Section 97-3-111 shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows:

(a) In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state and fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency.

(b) In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, fifty percent (50%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and fifty percent (50%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their fifty percent (50%), a petition shall be filed by any one (1) of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.

(14) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows:

(a) To any bona fide lienholder, secured party or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and

(b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (13) of this section.

(15) The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.

(16) When any property the value of which does not exceed Five Thousand Dollars ($5,000.00) is seized pursuant to subsection (1), the property may be forfeited by the administrative forfeiture procedures provided for in subsections (16) through (22).

(17) The attorney for the seizing law enforcement agency shall provide notice of intention to forfeit the seized property administratively, by certified mail, return receipt requested, to all persons who are required to be notified.

(18) In the event that notice of intention to forfeit the seized property administratively cannot be given as provided in subsection (17) of this section because of refusal, failure to claim, insufficient address or any other reason, the attorney for the seizing law enforcement agency shall provide notice by publication in a newspaper of general circulation in the county in which the seizure occurred for once a week for three (3) consecutive weeks.

(19) Notice pursuant to subsections (17) and (18) of this section shall include the following information:

(a) A description of the property;

(b) The approximate value of the property;

(d) The connection between the property and the violation of Section 97-3-109;

(e) The instructions for filing a request for judicial review; and

(f) A statement that the property will be forfeited to the seizing law enforcement agency if a request for judicial review is not timely filed.

(20) Persons claiming an interest in the seized property may initiate judicial review of the seizure and proposed forfeiture by filing a request for judicial review with the attorney for the seizing law enforcement agency, within thirty (30) days after receipt of the certified letter or within thirty (30) days after the first publication of notice, whichever is applicable.

(21) If no request for judicial review is timely filed, the attorney for the seizing law enforcement agency shall prepare a written declaration of forfeiture of the subject property and the forfeited property shall be used, distributed or disposed of in accordance with the provisions of this section.

(22) Upon receipt of a timely request for judicial review, the attorney for the seizing law enforcement agency shall promptly file a petition for forfeiture and proceed as provided in subsections (3) through (15).

CREDIT(S)

Laws 1993, Ch. 376, § 2; Laws 1995, Ch. 608, § 3, eff. July 1, 1995.

Miss. Code Ann. § 97-3-113

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-113. Mississippi Carjacking Act of 1993

Sections 97-3-113, 97-3-115 and 97-3-117 shall be known and may be cited as the “Mississippi Carjacking Act of 1993.”

CREDIT(S)

Laws 1993, Ch. 471, § 1, eff. from and after passage (approved March 27, 1993).

Miss. Code Ann. § 97-3-115

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-115. Carjacking act definitions

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) “Carjacking” means taking of a motor vehicle from another person's immediate actual possession knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means.

(b) “Motor vehicle” includes every device in, upon or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled.

CREDIT(S)

Laws 1993, Ch. 471, § 2, eff. from and after passage (approved March 27, 1993).

Miss. Code Ann. § 97-3-117

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 3. Crimes Against the Person (Refs & Annos)

§ 97-3-117. Carjacking, violations and punishment

(1) Whoever shall knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means shall take a motor vehicle from another person's immediate actual possession shall be guilty of carjacking.

(a) A person who is convicted of carjacking shall be fined not more than Five Thousand Dollars ($5,000.00) and be committed to the custody of the State Department of Corrections for not more than fifteen (15) years.

(b) A person who is convicted of attempted carjacking shall receive the same punishment as the person who is convicted of carjacking.

(2) Whoever commits the offense of carjacking while armed with or having readily available any pistol or other firearm or imitation thereof or other dangerous or deadly weapon, including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switchblade, razor, blackjack, billy, or metallic or other false knuckles, or any object capable of inflicting death or serious bodily harm, shall be guilty of armed carjacking.

(a) Any person who is convicted of armed carjacking shall be fined not more than Ten Thousand Dollars ($10,000.00) and be committed to the custody of the State Department of Corrections for not more than thirty (30) years.

(b) Any person who is convicted of attempted armed carjacking shall receive the same punishment as the person who is convicted of armed carjacking.

(3) Any person convicted of a second or subsequent offense under this section shall be fined an amount up to twice that otherwise authorized and shall be imprisoned for a term up to twice the term otherwise authorized.

CREDIT(S)

Laws 1993, Ch. 471, § 3, eff. from and after passage (approved March 27, 1993).

Miss. Code Ann. T. 97, Ch. 5, Refs & Annos

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children

Miss. Code Ann. § 97-5-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-1. Abandoning child under six; punishment

If the father or mother of any child under the age of six years, or any other person having the lawful custody of such child, or to whom such child shall have been confided, shall expose such child in any highway, street, field, house, outhouse, or elsewhere, with intent wholly to abandon it, such person shall, upon conviction, be punished by imprisonment in the penitentiary not more than seven years, or in the county jail not more than one year.

Miss. Code Ann. § 97-5-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-3. Deserting, neglecting or refusing to support child under eighteen

Any parent who shall desert or wilfully neglect or refuse to provide for the support and maintenance of his or her child or children, including the natural parent of an illegitimate child or children wherein paternity has been established by law or when the natural parent has acknowledged paternity in writing, while said child or children are under the age of eighteen (18) years shall be guilty of a felony and, on conviction thereof, shall be punished for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by commitment to the custody of the Department of Corrections not more than five (5) years, or both; and for a second or subsequent offense, by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by commitment to the custody of the Department of Corrections not less than two (2) years nor more than five (5) years, or both, in the discretion of the court.

CREDIT(S)

Laws 1962, Ch. 311, § 1; Laws 1995, Ch. 533, § 1, eff. July 1, 1995.

Miss. Code Ann. § 97-5-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-5. Enticing child under fourteen; punishment

Every person who shall maliciously, willfully, or fraudulently lead, take, carry away, decoy or entice away, any child under the age of fourteen (14) years, with intent to detain or conceal such child from its parents, guardian, or other person having lawful charge of such child, or for the purpose of prostitution, concubinage, or marriage, shall, on conviction, be imprisoned in the custody of the Department of Corrections for not less than two (2) years nor more than ten (10) years, or fined not more than Ten Thousand Dollars ($10,000.00), or both. Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Sections 97-3-54 et seq.

CREDIT(S)

Amended by Laws 2013, H.B. No. 673, § 14, eff. July 1, 2013.

Miss. Code Ann. § 97-5-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-7. Enticing child under eighteen; punishment

Any person who shall persuade, entice or decoy away from its father or mother with whom it resides any child under the age of eighteen (18) years, being unmarried, for the purpose of employing such child without the consent of its parents, or one of them, shall upon conviction be punished by a fine of not more than One Thousand Dollars ($1,000. 00) or imprisoned in the county jail not more than one (1) year, or both. Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Sections 97-3-54 et seq.

CREDIT(S)

Laws 1980, Ch. 357, § 1, eff. from and after passage (approved April 23, 1980). Amended by Laws 2013, H.B. No. 673, § 15, eff. July 1, 2013.

Miss. Code Ann. § 97-5-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-9. Abandoning refrigerators without removing latch

If any person shall have on his premises, or shall suffer to be or remain upon his premises, any abandoned chest, icebox, refrigerator, or any other box-type container not in active use, any door to which has a latch or lock which automatically fastens upon the closing of such container's door, and which cannot be readily opened from the inside, he shall remove the latch or lock, or otherwise render it inoperative, and on failure to so do shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1954, Ch. 233, § 1; Laws 1966, Ch. 356, § 1, eff. from and after passage (approved April 20, 1966).

Miss. Code Ann. § 97-5-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-11. Poolrooms and billiard halls

No person under the age of eighteen (18) years shall be allowed to enter and remain in any poolroom or billiard hall except that municipalities shall have the discretion to establish a lower minimum age. However, no person under the age of eighteen (18) years shall be allowed to enter and remain in any poolroom or billiard hall in which beer is sold or consumed. No owner or manager of any poolroom or billiard hall, and no agent or employee of any such owner or manager, shall permit or allow any person under the age of eighteen (18) years to enter and remain in any such poolroom or billiard hall except when a municipality has established a lower minimum age, and provided that in such municipality beer is neither sold nor consumed in such poolroom or billiard hall. Any manager or owner of any poolroom or billiard hall, and any agent or employee of such owner or manager, shall for each offense, upon conviction, be fined not more than one hundred dollars ($100.00).

For the purposes of this section, a poolroom or billiard hall shall not be deemed to include a place of amusement, either for profit or otherwise, wherein the operation of pool and billiard tables is not the main attraction held out to the public, or the primary amusement engaged in by the participants and wherein less than fifteen percent (15%) of the gross revenue derived directly from the operation of such amusement or recreation center within the same room or immediately connecting and adjacent rooms shall be derived directly or indirectly from the operation of such pool or billiard tables and further, all nonprofit corporations, associations and organizations, and educational and religious institutions, shall not be considered as operating poolrooms or billiard halls for the purposes of this section.

CREDIT(S)

Laws 1968, Ch. 354, § 1; Laws 1972, Ch. 353, § 1; Laws 1977, Ch. 316, § 1, eff. from and after passage (approved February 23, 1977).

Miss. Code Ann. § 97-5-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-13 to 97-5-19. Repealed by Laws 1979, Ch. 475, § 4, eff. July 1, 1979

Miss. Code Ann. § 97-5-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-13 to 97-5-19. Repealed by Laws 1979, Ch. 475, § 4, eff. July 1, 1979

Miss. Code Ann. § 97-5-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-21. Repealed by Laws 1998, Ch. 549, § 7, eff. July 1, 1998

Miss. Code Ann. § 97-5-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-23. Fondling child; punishment

(1) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child under the age of sixteen (16) years, with or without the child's consent, or a mentally defective, mentally incapacitated or physically helpless person as defined in Section 97-3-97, shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court.

(2) Any person above the age of eighteen (18) years, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than himself or herself and under the age of eighteen (18) years who is not such person's spouse, with or without the child's consent, when the person occupies a position of trust or authority over the child shall be guilty of a felony and, upon conviction thereof, shall be fined in a sum not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or be committed to the custody of the State Department of Corrections not less than two (2) years nor more than fifteen (15) years, or be punished by both such fine and imprisonment, at the discretion of the court. A person in a position of trust or authority over a child includes without limitation a child's teacher, counselor, physician, psychiatrist, psychologist, minister, priest, physical therapist, chiropractor, legal guardian, parent, stepparent, aunt, uncle, scout leader or coach.

(3) Upon a second conviction for an offense under this section, the person so convicted shall be punished by commitment to the State Department of Corrections for a term not to exceed twenty (20) years, however, upon conviction and sentencing, the offender shall serve at least one-half ( 1/2 ) of the sentence so imposed.

CREDIT(S)

Laws 1958, Ch. 276, § 1; Laws 1980, Ch. 387, § 1; Laws 1985, Ch. 389, § 1; Laws 1993, Ch. 512, § 4; Laws 1995, Ch. 487, § 1; Laws 1998, Ch. 549, § 5, eff. July 1, 1998.

Miss. Code Ann. § 97-5-24

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-24. Sexual involvement of school employee with student, reporting requirement

If any person eighteen (18) years or older who is employed by any public school district or private school in this state is accused of fondling or having any type of sexual involvement with any child under the age of eighteen (18) years who is enrolled in such school, the principal of such school and the superintendent of such school district shall timely notify the district attorney with jurisdiction where the school is located of such accusation, the Mississippi Department of Education and the Department of Human Services, provided that such accusation is reported to the principal and to the school superintendent and that there is a reasonable basis to believe that such accusation is true. Any superintendent, or his designee, who fails to make a report required by this section shall be subject to the penalties provided in Section 37-11-35. Any superintendent, principal, teacher or other school personnel participating in the making of a required report pursuant to this section or participating in any judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person reporting in good faith shall be immune from any civil liability that might otherwise be incurred or imposed.

CREDIT(S)

Laws 1994, Ch. 595, § 11, eff. July 1, 1994. Amended by Laws 2011, Ch. 514, § 2, eff. from and after passage (approved April 26, 2011).

Miss. Code Ann. § 97-5-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-25. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998

Miss. Code Ann. § 97-5-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-27. Disseminating sexual material to children; computer luring

(1) Any person who intentionally and knowingly disseminates sexually oriented material to any person under eighteen (18) years of age shall be guilty of a misdemeanor and, upon conviction, shall be fined for each offense not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year in the county jail, or be punished by both such fine and imprisonment. A person disseminates sexually oriented material within the meaning of this section if he:

(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any sexually oriented writing, picture, record or other representation or embodiment that is sexually oriented; or

(b) Presents or directs a sexually oriented play, dance or other performance or participates directly in that portion thereof which makes it sexually oriented; or

(c) Exhibits, presents, rents, sells, delivers or provides, or offers or agrees to exhibit, present, rent or to provide any sexually oriented still or motion picture, film, filmstrip or projection slide, or sound recording, sound tape or sound track or any matter or material of whatever form which is a representation, embodiment, performance or publication that is sexually oriented.

(2) For purposes of this section, any material is sexually oriented if the material contains representations or descriptions, actual or simulated, of masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.

(3)(a) A person is guilty of computer luring when:

(i) Knowing the character and content of any communication of sexually oriented material, he intentionally uses any computer communication system allowing the input, output, examination or transfer of computer data or computer programs from one (1) computer to another, to initiate or engage in such communication with a person under the age of eighteen (18); and

(ii) By means of such communication he importunes, invites or induces a person under the age of eighteen (18) years to engage in sexual intercourse, deviant sexual intercourse or sexual contact with him, or to engage in a sexual performance, obscene sexual performance or sexual conduct for his benefit.

(b) A person who engages in the conduct proscribed by this subsection (3) is presumed to do so with knowledge of the character and content of the material.

(i) The defendant made a reasonable effort to ascertain the true age of the minor and was unable to do so as a result of actions taken by the minor; or

(ii) The defendant has taken, in good faith, reasonable, effective and appropriate actions under the circumstances to restrict or prevent access by minors to the materials prohibited, which may involve any appropriate measures to restrict minors from access to such communications, including any method which is feasible under available technology; or

(iii) The defendant has restricted access to such materials by requiring use of a verified credit card, debit account, adult access code or adult personal identification number; or

(iv) The defendant has in good faith established a mechanism such that the labeling, segregation or other mechanism enables such material to be automatically blocked or screened by software or other capabilities reasonably available to responsible adults wishing to effect such blocking or screening and the defendant has not otherwise solicited minors not subject to such screening or blocking capabilities to access that material or to circumvent any such screening or blocking.

(d) In any prosecution for computer luring:

(i) No person shall be held to have violated this subsection (3) solely for providing access or connection to or from a facility, system, or network not under that person's control, including transmission, downloading, intermediate storage, access software or other related capabilities that are incidental to providing such access or connection that do not include the creation of the content of the communication.

(ii) No employer shall be held liable for the actions of an employee or agent unless the employee's or agent's conduct is within the scope of his employment or agency or the employer, having knowledge of such conduct, authorizes or ratifies such conduct, or recklessly disregards such conduct.

(iii) The limitations provided by this paragraph (d) shall not be applicable to a person who is a conspirator with an entity actively involved in the creation or knowing distribution of communications that violate such provisions, or who knowingly advertises the availability of such communications, nor to a person who provides access or connection to a facility, system or network engaged in the violation of such provisions that is owned or controlled by such person.

(e) Computer luring is a felony, and any person convicted thereof shall be punished by commitment to the custody of the Department of Corrections for a term not to exceed three (3) years and by a fine not to exceed Ten Thousand Dollars ($10,000.00).

(4) Investigation and prosecution of a defendant under this section does not preclude prosecution of the defendant for a violation of other applicable criminal laws, including, but not limited to, the Mississippi Human Trafficking Act, Section 97-3-54 et seq.

CREDIT(S)

Laws 1979, Ch. 475, § 1, eff. July 1, 1979; Laws 2002, Ch. 319, § 1, eff. July 1, 2002. Amended by Laws 2013, H.B. No. 673, § 16, eff. July 1, 2013.

Miss. Code Ann. § 97-5-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-29. Publicly displaying sexually oriented materials

(1) Any person who intentionally and knowingly places sexually oriented materials upon public display, or who knowingly and intentionally fails to take prompt action to remove such a display from property in his possession after learning of its existence shall be guilty of a misdemeanor and upon conviction shall be fined for each offense not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year in the county jail, or be punished by both such fine and imprisonment.

(2) For purposes of this section any material is sexually oriented if the material consists of representations or descriptions of actual or simulated masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.

(3) A person places sexually oriented material upon public display within the meaning of this section if he places the material on or in a billboard, viewing screen, theater stage or marquee, newsstand, display rack, window, showcase, display case or other similar place, including a viewing screen in a vehicle, so that sexually oriented material is easily visible from a public street, public road or sidewalk or from areas of public businesses in which minors are normally business invitees.

CREDIT(S)

Laws 1979, Ch. 475, § 2, eff. July 1, 1979; Laws 2005, Ch. 491, § 4, eff. July 1, 2005.

Miss. Code Ann. § 97-5-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-31. Definitions for sections 97-5-33 to 97-5-37

As used in Sections 97-5-33 through 97-5-37, the following words and phrases shall have the meanings given to them in this section:

(a) “Child” means any individual who has not attained the age of eighteen (18) years.

(b) “Sexually explicit conduct” means actual or simulated:

(i) Oral genital contact, oral anal contact, or sexual intercourse as defined in Section 97-3-65, whether between persons of the same or opposite sex;

(ii) Bestiality;

(iii) Masturbation;

(iv) Sadistic or masochistic abuse;

(v) Lascivious exhibition of the genitals or pubic area of any person; or

(vi) Fondling or other erotic touching of the genitals, pubic area, buttocks, anus or breast.

(d) “Visual depiction” includes, without limitation, developed or undeveloped film and video tape or other visual unaltered reproductions by computer.

(e) “Computer” has the meaning given in Title 18, United States Code, Section 1030.

(f) “Simulated” means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.

CREDIT(S)

Laws 1979, Ch. 479, § 1; Laws 1995, Ch. 484, § 1, eff. July 1, 1995; Laws 2003, Ch. 562, § 1, eff. July 1, 2003. Amended by Laws 2013, H.B. No. 673, § 17, eff. July 1, 2013.

Miss. Code Ann. § 97-5-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-33. Depicting child engaging in sexual conduct

(1) No person shall, by any means including computer, cause, solicit or knowingly permit any child to engage in sexually explicit conduct or in the simulation of sexually explicit conduct for the purpose of producing any visual depiction of such conduct.

(2) No person shall, by any means including computer, photograph, film, video tape or otherwise depict or record a child engaging in sexually explicit conduct or in the simulation of sexually explicit conduct.

(3) No person shall, by any means including computer, knowingly send, transport, transmit, ship, mail or receive any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.

(4) No person shall, by any means including computer, receive with intent to distribute, distribute for sale, sell or attempt to sell in any manner any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.

(5) No person shall, by any means including computer, knowingly possess or knowingly access with intent to view any photograph, drawing, sketch, film, video tape or other visual depiction of an actual child engaging in sexually explicit conduct.

(6) No person shall, by any means including computer, knowingly entice, induce, persuade, seduce, solicit, advise, coerce, or order a child to meet with the defendant or any other person for the purpose of engaging in sexually explicit conduct.

(7) No person shall by any means, including computer, knowingly entice, induce, persuade, seduce, solicit, advise, coerce or order a child to produce any visual depiction of adult sexual conduct or any sexually explicit conduct.

(8) The fact that an undercover operative or law enforcement officer posed as a child or was involved in any other manner in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.

(9) For purposes of determining jurisdiction, the offense is committed in this state if all or part of the conduct described in this section occurs in the State of Mississippi or if the transmission that constitutes the offense either originates in this state or is received in this state.

CREDIT(S)

Laws 1979, Ch. 479, § 2; Laws 1988, Ch. 558, § 1; Laws 1995, Ch. 484, § 2, eff. July 1, 1995; Laws 2003, Ch. 562, § 2, eff. July 1, 2003; Laws 2005, Ch. 467, § 1, eff. July 1, 2005; Laws 2005, Ch. 491, § 1, eff. July 1, 2005. Amended by Laws 2007, Ch. 376, § 1, eff. July 1, 2007; Laws 2013, S.B. No. 2197, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-5-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-35. Depicting child engaging in sexual conduct, punishment

Any person who violates any provision of Section 97-5-33 shall be guilty of a felony and upon conviction shall be fined not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00) and shall be imprisoned for not less than five (5) years nor more than forty (40) years. Any person convicted of a second or subsequent violation of Section 97-5-33 shall be fined not less than One Hundred Thousand Dollars ($100,000.00) nor more than One Million Dollars ($1,000,000.00) and shall be confined in the custody of the Department of Corrections for life or such lesser term as the court may determine, but not less than twenty (20) years.

CREDIT(S)

Laws 1979, Ch. 479, § 3; Laws 1995, Ch. 484, § 3, eff. July 1, 1995; Laws 2003, Ch. 562, § 3, eff. July 1, 2003; Laws 2005, Ch. 467, § 2, eff. July 1, 2005; Laws 2005, Ch. 491, § 2, eff. July 1, 2005.

Miss. Code Ann. § 97-5-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-37. Relation to other statutes

The provisions of sections 97-5-31 to 97-5-37 are supplemental to any statute relating to child abuse or neglect, obscenity, enticement of children or contributing to delinquency of a minor and acquittal or conviction pursuant to any other statute shall not be a bar to prosecution under sections 97-5-31 to 97-5-37. Acquittal or conviction under sections 97-5-31 to 97-5-37 shall not be a bar to prosecution and conviction under other statutes defining crimes or misdemeanors, nor to any civil or administrative remedy otherwise available.

CREDIT(S)

Laws 1979, Ch. 479, § 4, eff. July 1, 1979.

Miss. Code Ann. § 97-5-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-39. Child neglect, delinquency or abuse

(1)(a) Except as otherwise provided in this section, any parent, guardian or other person who intentionally, knowingly or recklessly commits any act or omits the performance of any duty, which act or omission contributes to or tends to contribute to the neglect or delinquency of any child or which act or omission results in the abuse of any child, as defined in Section 43-21-105(m) of the Youth Court Law, or who knowingly aids any child in escaping or absenting himself from the guardianship or custody of any person, agency or institution, or knowingly harbors or conceals, or aids in harboring or concealing, any child who has absented himself without permission from the guardianship or custody of any person, agency or institution to which the child shall have been committed by the youth court shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment not to exceed one (1) year in jail, or by both such fine and imprisonment.

(b) For the purpose of this section, a child is a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services, or who is married, is not considered a child for the purposes of this statute.

(c) If a child commits one (1) of the proscribed acts in subsection (2)(a), (b) or (c) of this section upon another child, then original jurisdiction of all such offenses shall be in youth court.

(d) If the child's deprivation of necessary clothing, shelter, health care or supervision appropriate to the child's age results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment in custody of the Department of Corrections for not more than five (5) years or to payment of a fine of not more than Five Thousand Dollars ($5,000.00), or both.

(e) A parent, legal guardian or other person who knowingly permits the continuing physical or sexual abuse of a child is guilty of neglect of a child and may be sentenced to imprisonment in the custody of the Department of Corrections for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(2) Any person shall be guilty of felonious child abuse in the following circumstances:

(a) Whether bodily harm results or not, if the person shall intentionally, knowingly or recklessly:

(i) Burn any child;

(ii) Physically torture any child;

(iii) Strangle, choke, smother or in any way interfere with any child's breathing;

(iv) Poison a child;

(v) Starve a child of nourishments needed to sustain life or growth;

(vi) Use any type of deadly weapon upon any child;

(b) If some bodily harm to any child actually occurs, and if the person shall intentionally, knowingly, or recklessly:

(i) Throw, kick, bite, or cut any child;

(ii) Strike a child under the age of fourteen (14) about the face or head with a closed fist;

(iii) Strike a child under the age of five (5) in the face or head;

(iv) Kick, bite, cut or strike a child's genitals; circumcision of a male child is not a violation under this subparagraph (iv);

(i) Strike any child on the face or head;

(ii) Disfigure or scar any child;

(iii) Whip, strike, or otherwise abuse any child;

(d) Any person, upon conviction under paragraph (a) or (c) of this subsection, shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than five (5) years and up to life, as determined by the court. Any person, upon conviction under paragraph (b) of this subsection shall be sentenced by the court to imprisonment in the custody of the Department of Corrections for a term of not less than two (2) years nor more than ten (10) years, as determined by the court. For any second or subsequent conviction under this subsection (2), the person shall be sentenced to imprisonment for life.

(e) For the purposes of this subsection (2), “bodily harm” means any bodily injury to a child and includes, but is not limited to, bruising, bleeding, lacerations, soft tissue swelling, and external or internal swelling of any body organ.

(f) For the purposes of this subsection (2), “serious bodily harm” means any serious bodily injury to a child and includes, but is not limited to, the fracture of a bone, permanent disfigurement, permanent scarring, or any internal bleeding or internal trauma to any organ, any brain damage, any injury to the eye or ear of a child or other vital organ, and impairment of any bodily function.

(g) Nothing contained in paragraph (c) of this subsection shall preclude a parent or guardian from disciplining a child of that parent or guardian, or shall preclude a person in loco parentis to a child from disciplining that child, if done in a reasonable manner, and reasonable corporal punishment or reasonable discipline as to that parent or guardian's child or child to whom a person stands in loco parentis shall be a defense to any violation charged under paragraph (c) of this subsection.

(h) Reasonable discipline and reasonable corporal punishment shall not be a defense to acts described in paragraphs (a) and (b) of this subsection or if a child suffers serious bodily harm as a result of any act prohibited under paragraph (c) of this subsection.

(3) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.

(4)(a) A parent, legal guardian or caretaker who endangers a child's person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing or possessing immediate precursors or chemical substances with intent to manufacture, sell or possess a controlled substance as prohibited under Section 41-29-139 or 41-29-313, is guilty of child endangerment and may be sentenced to imprisonment for not more than ten (10) years or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(b) If the endangerment results in substantial harm to the child's physical, mental or emotional health, the person may be sentenced to imprisonment for not more than twenty (20) years or to payment of a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.

(5) Nothing contained in this section shall prevent proceedings against the parent, guardian or other person under any statute of this state or any municipal ordinance defining any act as a crime or misdemeanor. Nothing in the provisions of this section shall preclude any person from having a right to trial by jury when charged with having violated the provisions of this section.

(6) After consultation with the Department of Human Services, a regional mental health center or an appropriate professional person, a judge may suspend imposition or execution of a sentence provided in subsections (1) and (2) of this section and in lieu thereof require treatment over a specified period of time at any approved public or private treatment facility. A person may be eligible for treatment in lieu of criminal penalties no more than one (1) time.

(7) In any proceeding resulting from a report made pursuant to Section 43-21-353 of the Youth Court Law, the testimony of the physician making the report regarding the child's injuries or condition or cause thereof shall not be excluded on the ground that the physician's testimony violates the physician-patient privilege or similar privilege or rule against disclosure. The physician's report shall not be considered as evidence unless introduced as an exhibit to his testimony.

(8) Any criminal prosecution arising from a violation of this section shall be tried in the circuit, county, justice or municipal court having jurisdiction; provided, however, that nothing herein shall abridge or dilute the contempt powers of the youth court.

CREDIT(S)

Laws 1979, Ch. 506, § 75; Laws 1980, Ch. 550, § 28; Laws 1986, Ch. 383, § 1; Laws 1989, Ch. 566, § 3, eff. from and after passage (approved April 21, 1989); Laws 2005, Ch. 467, § 3, eff. July 1, 2005; Laws 2005, Ch. 491, § 3, eff. July 1, 2005. Amended by Laws 2013, H.B. No. 1259, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-5-40

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-40. Knowingly condoning child abuse; punishment

(1) Any parent, guardian, custodian, stepparent or any other person who lives in the household with a child, who knowingly condones an incident of felonious child abuse of that child, which consists of one or more violations of (a)subsection (2) of Section 97-5-39 or (b) felonious sexual battery of that child, which consists of one or more violations of Section 97-3-95 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

(2) A person shall not be considered to have condoned child abuse merely because such person does not report an act of child abuse.

(3) The provisions of this section shall be in addition to any other criminal law.

CREDIT(S)

Laws 1989, Ch. 566, § 1; Laws 1992, Ch. 557, § 1, eff. July 1, 1992.

Miss. Code Ann. § 97-5-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-41. Carnal knowledge of certain children

(1) Any person who shall have carnal knowledge of his or her unmarried stepchild or adopted child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.

(2) Any person who shall have carnal knowledge of an unmarried child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, with whose parent he or she is cohabiting or living together as husband and wife, upon conviction, shall be punished by imprisonment in the penitentiary for a term not exceeding ten (10) years.

CREDIT(S)

Laws 1984, Ch. 390, § 1; Laws 1985, Ch. 389, § 5, eff. July 1, 1985.

Miss. Code Ann. § 97-5-42

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-42. Protection of victims of felony parental child sexual abuse; local registry; penalties; visitation

(1)(a) For purposes of this section, a conviction of felony parental child sexual abuse shall include any nolo contendere plea, guilty plea or conviction at trial to any offense enumerated in Section 93-15-103(3)(g) or any other statute of the State of Mississippi whereby a parent may be penalized as a felon on account of sexual abuse of his or her own child; and shall include any conviction by plea or trial in any other state of the United States to an offense whereby a parent may be penalized as a felon for sexual abuse of his or her own child under the laws of that state, or which would be so penalized for such conduct had the act or acts been committed in the State of Mississippi.

(b) A certified copy of the court order or judgment evidencing such a conviction shall be accepted by any public office with responsibilities pursuant to this section and by any court in the State of Mississippi, as conclusive evidence of the conviction.

(2)(a) No person who has been convicted of felony parental child sexual abuse shall contact or attempt to contact the victim child without the prior express written permission of the child's then legal custodian, who may be the other parent, a guardian, person in loco parentis or person with legal or physical custody of a child.

(b) No person who has been convicted of felony parental child sexual abuse shall harass, threaten, intimidate or by any other means menace the victim child or any legal custodian of the child, who may be the other parent, a guardian, person in loco parentis or person with legal or physical custody of a child.

(c) Any person who believes that a person who has been convicted of felony parental child sexual abuse may violate the provisions of subsection (2)(a) or (2)(b) hereof may register with the sheriff and any municipal law enforcement agency of the child's county and municipality of residence, setting forth the factual basis for that belief which shall include a certified copy of the court order or judgment evidencing the conviction of the child sexual abuse felon. The sheriff's office of each county and all municipal law enforcement agencies shall maintain a separate and distinct register for the purpose of recording the data required herein, and shall advise the reporting party of how emergency contact can be made with that office at any time with respect to a threatened violation of subsection (2)(a) or (2)(b) hereof. Immediate response with police protection shall be provided to any emergency contact made pursuant to this section, which police protection shall be continued in such reasonable manner as to deter future violations and protect the child and any person with legal custody of the child.

(d) Any person who has been convicted of felony parental child sexual abuse who violates subsection (2)(a) hereof shall, upon conviction, be punished by imprisonment in the county jail for not more than one (1) year. Any person who has been convicted of felony parental child sexual abuse who violates subsection (2)(b) hereof shall, upon conviction, be punished by imprisonment in the state penitentiary for not more than five (5) years.

(3) No person who has been convicted of felony parental child sexual abuse shall be entitled to have parental or other visitation rights as to that child who was the victim, unless he or she files a petition in the chancery court of the county in which the child resides, reciting the conviction, and joining as parties defendant any other parent, guardian, person standing in loco parentis or having legal or physical custody of the child. A guardian ad litem shall be appointed to represent the child at petitioner's expense. The court shall appoint a qualified psychologist or psychiatrist to conduct an independent examination of the petitioner to determine whether contact with that person poses a physical or emotional risk to the child, and report to the court. Such examination shall be at petitioner's expense. The court shall require any such petitioner to deposit with the court sufficient funds to pay expenses chargeable to a petitioner hereunder, the amount of such deposit to be within the discretion of the chancellor. Any defendant and the child through his or her guardian ad litem shall be entitled to a full evidentiary hearing on the petition. In no event shall a child be required to testify in court or by deposition, or be subjected to any psychological examination, without the express consent of the child through his or her guardian ad litem. Such guardian ad litem shall consult with the child's legal guardian or custodians before consenting to such testimony or examination. At any hearing there is a rebuttable presumption that contact with the child poses a physical and emotional risk to the child. That presumption may be rebutted and visitation or contact allowed on such terms and conditions that the chancery court shall set only upon specific written findings by the court that:

(a) Contact between the child and the offending parent is appropriate and poses minimal risk to the child;

(b) If the child has received counseling, that the child's counselor believes such contact is in the child's best interest;

(c) The offending parent has successfully engaged in treatment for sex offenders or is engaged in such treatment and making progress; and

(d) The offending parent's treatment provider believes contact with the child is appropriate and poses minimal risk to the child. If the court, in its discretion, allows visitation or contact it may impose such conditions to the visitation or contact which it finds reasonable, including supervision of contact or visitation by a neutral and independent adult with a detailed plan for supervision of any such contact or visitation.

CREDIT(S)

Added by Laws 2000, Ch. 403, § 1, eff. July 1, 2000.

Miss. Code Ann. § 97-5-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-43 to 97-5-47. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998

Miss. Code Ann. § 97-5-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-43 to 97-5-47. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998

Miss. Code Ann. § 97-5-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§§ 97-5-43 to 97-5-47. Repealed by Laws 1997, Ch. 578, § 16, eff. February 1, 1998

Miss. Code Ann. § 97-5-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-49. Adult hosts of minors obtaining alcoholic beverages; definitions; offense

(1) As used in this section:

(a) “Adult” means a person over the age of twenty-one (21) years.

(b) “Alcoholic beverage” has the meaning as defined in Section 67-1-5.

(d) “Light wine” means wine containing five percent (5%) or less of alcohol by weight.

(e) “Minor” means a person under the age of twenty-one (21) years.

(f) “Party” means a gathering or event at which a group of two (2) or more persons assembles for a social occasion or activity at a private residence or a private premises.

(g) “Private premises” means privately owned land, including any appurtenances or improvements on the land.

(h) “Private residence” means the place where a person actually lives or has his or her home.

(i) “Wine” has the meaning as defined in Section 67-1-5.

(2) No adult who owns or leases a private residence or private premises shall knowingly allow a party to take place or continue at the residence or premises if a minor at the party obtains, possesses or consumes any alcoholic beverage, light wine or beer if the adult knows that the minor has obtained, possesses or is consuming alcoholic beverages, light wine or beer.

(3) This section shall not apply to legally protected religious activities or gatherings of family members or to any of the exemptions set forth in Section 67-3-54.

(4) Each incident in violation of subsection (2) of this section or any part of subsection (2) constitutes a separate offense.

(5) Any person who violates subsection (2) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than ninety (90) days, or by both the fine and imprisonment, in the discretion of the court.

CREDIT(S)

Added by Laws 2011, Ch. 435, § 1, eff. July 1, 2011; Laws 2011, Ch. 472, § 1, eff. July 1, 2011.

Miss. Code Ann. § 97-5-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 5. Offenses Affecting Children (Refs & Annos)

§ 97-5-51. Mississippi Child Protection Act of 2012

(1) Definitions. For the purposes of this section:

(a) “Sex crime against a minor” means any offense under at least one (1) of the following statutes when committed by an adult against a minor who is under the age of sixteen (16):

(i) Section 97-3-65 relating to rape;

(ii) Section 97-3-71 relating to rape and assault with intent to ravish;

(iii) Section 97-3-95 relating to sexual battery;

(iv) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;

(v) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;

(vi) Section 97-5-33 relating to exploitation of children;

(vii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor;

(viii) Section 43-47-18 relating to sexual abuse of a vulnerable person;

(ix) Section 97-1-7 relating to the attempt to commit any of the offenses listed in this subsection.

(b) “Mandatory reporter” means any of the following individuals performing their occupational duties: health care practitioner, clergy member, teaching or child care provider, law enforcement officer, or commercial image processor.

(c) “Health care practitioner” means any individual who provides health care services, including a physician, surgeon, physical therapist, psychiatrist, psychologist, medical resident, medical intern, hospital staff member, licensed nurse, midwife and emergency medical technician or paramedic.

(d) “Clergy member” means any priest, rabbi or duly ordained deacon or minister.

(e) “Teaching or child care provider” means anyone who provides training or supervision of a minor under the age of sixteen (16), including a teacher, teacher's aide, principal or staff member of a public or private school, social worker, probation officer, foster home parent, group home or other child care institutional staff member, personnel of residential home facilities, a licensed or unlicensed day care provider.

(f) “Commercial image processor” means any person who, for compensation: (i) develops exposed photographic film into negatives, slides or prints; (ii) makes prints from negatives or slides; or (iii) processes or stores digital media or images from any digital process, including, but not limited to, website applications, photography, live streaming of video, posting, creation of power points or any other means of intellectual property communication or media including conversion or manipulation of still shots or video into a digital show stored on a photography site or a media storage site.

(g) “Caretaker” means any person legally obligated to provide or secure adequate care for a minor under the age of sixteen (16), including a parent, guardian, tutor, legal custodian or foster home parent.

(2)(a) Mandatory reporter requirement. A mandatory reporter shall make a report if it would be reasonable for the mandatory reporter to suspect that a sex crime against a minor has occurred.

(b) Failure to file a mandatory report shall be punished as provided in this section.

(c) Reports made under this section and the identity of the mandatory reporter are confidential except when the court determines the testimony of the person reporting to be material to a judicial proceeding or when the identity of the reporter is released to law enforcement agencies and the appropriate prosecutor. The identity of the reporting party shall not be disclosed to anyone other than law enforcement or prosecutors except under court order; violation of this requirement is a misdemeanor. Reports made under this section are for the purpose of criminal investigation and prosecution only and information from these reports is not a public record. Disclosure of any information by the prosecutor shall conform to the Mississippi Uniform Rules of Circuit and County Court Procedure.

(d) Any mandatory reporter who makes a required report under this section or participates in a judicial proceeding resulting from a mandatory report shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

(3)(a) Mandatory reporting procedure. A report required under subsection (2) must be made immediately to the law enforcement agency in whose jurisdiction the reporter believes the sex crime against the minor occurred. Except as otherwise provided in this subsection (3), a mandatory reporter may not delegate to any other person the responsibility to report, but shall make the report personally.

(i) The reporting requirement under this subsection (3) is satisfied if a mandatory reporter in good faith reports a suspected sex crime against a minor to the Department of Human Services under Section 43-21-353.

(ii) The reporting requirement under this subsection (3) is satisfied if a mandatory reporter reports a suspected sex crime against a minor by following a reporting procedure that is imposed:

1. By state agency rule as part of licensure of any person or entity holding a state license to provide services that include the treatment or education of abused or neglected children; or

2. By statute.

(b) Contents of the report. The report shall identify, to the extent known to the reporter, the following:

(i) The name and address of the minor victim;

(ii) The name and address of the minor's caretaker;

(iii) Any other pertinent information known to the reporter.

(4) A law enforcement officer who receives a mandated report under this section shall file an affidavit against the offender on behalf of the State of Mississippi if there is probable cause to believe that the offender has committed a sex crime against a minor.

(5) Collection of forensic samples. (a)(i) When an abortion is performed on a minor who is less than fourteen (14) years of age at the time of the abortion procedure, fetal tissue extracted during the abortion shall be collected in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the pregnancy being terminated is the result of a sex crime against a minor.

(ii) When a minor who is under sixteen (16) years of age gives birth to an infant, umbilical cord blood shall be collected, if possible, in accordance with rules and regulations adopted pursuant to this section if it would be reasonable to suspect that the minor's pregnancy resulted from a sex crime against a minor.

(iii) It shall be reasonable to suspect that a sex crime against a minor has occurred if the mother of an infant was less than sixteen (16) years of age at the time of conception and at least one (1) of the following conditions also applies:

1. The mother of the infant will not identify the father of the infant;

2. The mother of the infant lists the father of the infant as unknown;

3. The person the mother identifies as the father of the infant disputes his fatherhood;

4. The person the mother identifies as the father of the infant is twenty-one (21) years of age or older; or

5. The person the mother identifies as the father is deceased.

(b) The State Medical Examiner shall adopt rules and regulations consistent with Section 99-49-1 that prescribe:

(i) The amount and type of fetal tissue or umbilical cord blood to be collected pursuant to this section;

(ii) Procedures for the proper preservation of the tissue or blood for the purpose of DNA testing and examination;

(iii) Procedures for documenting the chain of custody of such tissue or blood for use as evidence;

(iv) Procedures for proper disposal of fetal tissue or umbilical cord blood collected pursuant to this section;

(v) A uniform reporting instrument mandated to be utilized, which shall include the complete residence address and name of the parent or legal guardian of the minor who is the subject of the report required under this subsection (5); and

(vi) Procedures for communication with law enforcement agencies regarding evidence and information obtained pursuant to this section.

(6) Penalties. (a) A person who is convicted of a first offense under this section shall be guilty of a misdemeanor and fined not more than Five Hundred Dollars ($500.00).

(b) A person who is convicted of a second offense under this section shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or imprisoned for not more than thirty (30) days, or both.

(c) A person who is convicted of a third or subsequent offense under this section shall be guilty of a misdemeanor and fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for not more than one (1) year, or both.

(7) A health care practitioner or health care facility shall be immune from any penalty, civil or criminal, for good-faith compliance with any rules and regulations adopted pursuant to this section.

CREDIT(S)

Added by Laws 2012, Ch. 519, § 1, eff. July 1, 2012. Amended by Laws 2013, H.B. No. 151, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-7-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-1. Not delivering taxable property list

If any taxpayer shall refuse or wilfully neglect to deliver a list of his taxable property, as required by law, to the assessor, under oath or affirmation, when required, he shall be guilty of a misdemeanor, and, on conviction shall be fined not less than twenty dollars nor more than five hundred dollars, or imprisoned not exceeding three months in the county jail, or both.

Miss. Code Ann. § 97-7-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-3. Bank officer not delivering list

If the president, cashier, or other officer having like duties, of any bank or banking association shall wilfully fail to deliver to the assessor a written statement, under oath, as required by law, of all the bank's effects and assets, other than land, liable to taxation, he shall, on conviction, be fined not exceeding five hundred dollars, or be imprisoned not exceeding three months in the county jail, or both.

Miss. Code Ann. § 97-7-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-5. Fraud on tax assessment

If any taxpayer shall wilfully render to the assessor for taxation a false list of his taxable property, or shall so render a list which does not contain the whole of his property liable to be listed or taxed, or shall wilfully undervalue the property so listed, he shall be liable to prosecution for fraud on the assessment, and, on conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the county jail not less than one week nor more than three months, or both.

Miss. Code Ann. § 97-7-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-7. Sleeping in capitol building

If any person shall occupy any of the offices, apartments, halls, or other portion of the capitol building at Jackson as a lodging or sleeping-room, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten dollars nor more than one hundred dollars, and be imprisoned in the county jail not exceeding thirty days.

Miss. Code Ann. § 97-7-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-9. Defacing capitol

If any person shall, by any means whatsoever, wilfully injure or destroy any of the works, materials, furniture, or ornaments of the capitol, or any of the buildings or monuments on the grounds belonging thereto, or shall wilfully deface any of the walls thereof, or shall write or make any drawing or characters thereon with pencil-mark, or otherwise, or do any indecent act, either on or to said walls, or within the same, or shall wilfully deface or injure the trees, fences, pavement, or soil on said grounds, such person, on conviction, shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not more than six months, or both.

Miss. Code Ann. § 97-7-10

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-10. False representations to defraud government

(1) Whoever, with intent to defraud the state or any department, agency, office, board, commission, county, municipality or other subdivision of state or local government, knowingly and willfully falsifies, conceals or covers up by trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.

(2) This section shall not prohibit the prosecution under any other criminal statute of the state.

CREDIT(S)

Laws 1988, Ch. 511, § 2, eff. July 1, 1988.

Miss. Code Ann. § 97-7-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-11. Fraudulently obtaining public funds

If any person shall enter into any agreement, combination or conspiracy to defraud the State of Mississippi, or any department or political subdivision thereof, by obtaining or aiding to obtain the payment or allowance from the public funds of the state, or of any department or political subdivision thereof, of any false or fraudulent claim, he shall be subject to indictment therefor, and upon conviction thereof, shall be imprisoned in the state penitentiary for a term not to exceed five years, or shall be punished by a fine not to exceed $1000.00, or by imprisonment in the county jail for a term of not more than six months, or by both such fine and imprisonment, within the discretion of the court.

CREDIT(S)

Laws 1930, Ch. 97, § 1, eff. from and after passage (approved May 13, 1930).

Miss. Code Ann. § 97-7-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-13. Hindering state claims; defrauding state

If any person, with intent to defraud the State of Mississippi, or any department or political subdivision thereof, shall enter into any agreement, combination or conspiracy to defeat, by any unlawful or fraudulent means, the payment of any just claim or penalty due the State of Mississippi, or any department or political subdivision thereof, or to prevent, by any unlawful or fraudulent means, the prosecution of suit for the proper enforcement of any such claim or penalty, or to defraud the State of Mississippi or any department or political subdivision thereof, in any manner, or for any purpose, he shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state penitentiary for a term not to exceed five years, or by imprisonment in the county jail for not more than six months, or by fine of not more than $1000.00, or by both such imprisonment and fine, within the discretion of the court.

CREDIT(S)

Laws 1930, Ch. 97, § 2, eff. from and after passage (approved May 13, 1930).

Miss. Code Ann. § 97-7-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-15. Acts furthering conspiracy

If two or more persons, with intent to defraud the State of Mississippi, or any department or political subdivision thereof, shall conspire to defeat by any unlawful or fraudulent means, the payment of any just claim or penalty due the State of Mississippi, or any department or political subdivision thereof, or shall conspire to prevent by any unlawful or fraudulent means, the prosecution of suit for the proper enforcement of any such claim or penalty, or shall conspire to defraud the State of Mississippi, or any department or political subdivision thereof, in any manner, or for any purpose, and one or more of such parties shall do any act to effect the object of the conspiracy each of the parties to such conspiracy shall be guilty of a felony, and upon conviction thereof shall be punished as provided in section 97-7-13.

CREDIT(S)

Laws 1930, Ch. 97, § 3, eff. from and after passage (approved May 13, 1930).

Miss. Code Ann. § 97-7-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-17. Interfering with discharge of duties

If two (2) or more persons conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the State of Mississippi, or any subdivision thereof, or from discharging any duties thereof, or to induce by like means any officer of the State of Mississippi or subdivision thereof, to leave the place where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined upon conviction not more than one thousand dollars ($1,000.00) or imprisoned for not more than five (5) years, or both.

CREDIT(S)

Laws 1968, Ch. 344, § 1, eff. from and after passage (approved July 30, 1968).

Miss. Code Ann. § 97-7-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-19. Boycotting for certain purposes

If two (2) or more persons conspire to prevent any person from accepting or holding any office, trust, or place of confidence under the State of Mississippi or any subdivision thereof, or to induce any officer of the State of Mississippi or subdivision thereof to leave the place where his duties as an officer are required to be performed and as a means of carrying out the object of such conspiracy, shall cause or attempt to cause, or induce or encourage any individual or individuals to cease doing business with any other person or to cease using, buying, selling, or otherwise dealing in the products of any other person, each of such persons shall be fined upon conviction not more than one thousand dollars ($1,000.00), or imprisoned for not more than five (5) years, or both.

CREDIT(S)

Laws 1968, Ch. 344, § 2, eff. from and after passage (approved July 30, 1968).

Miss. Code Ann. § 97-7-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§§ 97-7-21 to 97-7-27. Repealed by Laws 2009, Ch. 369, § 1, eff. from and after passage (approved March 17, 2009)

Miss. Code Ann. § 97-7-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§§ 97-7-21 to 97-7-27. Repealed by Laws 2009, Ch. 369, § 1, eff. from and after passage (approved March 17, 2009)

Miss. Code Ann. § 97-7-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§§ 97-7-21 to 97-7-27. Repealed by Laws 2009, Ch. 369, § 1, eff. from and after passage (approved March 17, 2009)

Miss. Code Ann. § 97-7-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§§ 97-7-21 to 97-7-27. Repealed by Laws 2009, Ch. 369, § 1, eff. from and after passage (approved March 17, 2009)

Miss. Code Ann. § 97-7-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-29. Interfering with war preparation or prosecution

Whoever intentionally destroys, impairs, injures, interferes or tampers with real or personal property with reasonable grounds to believe that such act will hinder, delay or interfere with the preparation of the United States or of any of the states for defense or for war, or with the prosecution of war by the United States, shall be punished by imprisonment for not more than ten years, or by a fine of not more than ten thousand dollars ($10,000.00), or both.

CREDIT(S)

Laws 1942, Ch. 183, § 1, eff. from and after passage (approved March 17, 1942).

Miss. Code Ann. § 97-7-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-31. Interfering with licensed communications system

Whoever intentionally destroys, impairs, injures, or tampers or interferes with any real or personal property used or useful in the maintenance, repair or operation of any telephone or telegraph system or radio station which is subject to regulation or licensing by any agency of the United States of America or of the State of Mississippi, with reasonable grounds to believe that such act will hinder, delay or interfere with the maintenance, repair or operation of such telephone or telegraph system or radio station, on conviction shall be punished as prescribed in section 97-7-29.

CREDIT(S)

Laws 1942, Ch. 183, § 2, eff. from and after passage (approved March 17, 1942).

Miss. Code Ann. § 97-7-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-33. Falsely claiming deprivation of rights

It shall be unlawful for any person or persons to wilfully and knowingly, whether orally or in writing, make or cause to be made, to any agency, or board, or commission, or member, or officer or official, or appointee, or employee, or representative thereof, of the executive, or the legislative, or the judicial department, of the United States or any subdivision thereof, which may be now in existence, or who may be now appointed, or hereafter created or appointed, including but not limited to any commissioner, or referee, or voting referee now appointed or who may be hereafter appointed by any court of the United States or any judge thereof, and further including but not limited to any member of the Federal Bureau of Investigation and any agent or representative, or investigator, or member of the Commission on Civil Rights of the United States, or the Advisory Committee or Board of the Commission on Civil Rights of the United States appointed in and for the State of Mississippi, any false or fictitious or fraudulent statement or statements, or to use any false writing or document asserting or claiming, that such person, or persons, or any other person or persons have been, or are about to be denied or deprived of any right, or privilege, or immunity granted or secured to them, or to any of them, by the United States Constitution and laws, or by the Mississippi Constitution and laws, by any officer, or agency, or employee, or representative, or board, or commission, or any member thereof of the State of Mississippi, or of any county or municipality, of the State of Mississippi, or of any other political subdivision of the State of Mississippi, or by the State of Mississippi and any person or persons violating the provisions of this section shall be guilty of the crime of making a false statement, which is created by this section, a felony, and upon conviction thereof shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the penitentiary, or by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by both such fine and imprisonment.

CREDIT(S)

Laws 1960, Ch. 263, § 1, eff. from and after passage (approved May 11, 1960).

Miss. Code Ann. § 97-7-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-35. Sworn false statements

(1) It shall be unlawful for any person or persons to wilfully and knowingly make any oral or written sworn false statement, or affidavit, or attestation, or complaint, or allegation before any individual or officer authorized to administer oaths, to any agency, or board, or commission, or member, or official, or appointee, or employee, or representative thereof, of the executive, or the legislative, or the judicial department, of the United States, or any subdivision thereof, which may be now in existence, or who may be now appointed, or hereafter created or appointed, including but not limited to any member of the Federal Bureau of Investigation and any agent, or representative, or investigator, or member of the Commission on Civil Rights of the United States, or the Advisory Committee or Board of the Commission on Civil Rights of the United States appointed in and for the State of Mississippi, that such person, or persons, or other persons have been or are about to be deprived of any right, or privilege, or immunity granted or secured by the United States Constitution and Laws or by the Mississippi Constitution and Laws, by any officer, or agency, or employee, or representative, or board, or commission, or any member thereof of the State of Mississippi, or of any county or municipality, of the State of Mississippi, or of any other political subdivision of the State of Mississippi, or by the State of Mississippi, and any person or persons violating the provisions of this section shall be guilty of the crime of false swearing which is created by this section, a felony, and upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the penitentiary, or a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00), or by both such fine and imprisonment.

(2) Corroboration or proof by more than one witness to establish the falsity of testimony or statements under oath is not required in prosecutions under this section. It shall not be necessary to prove, to sustain or charge under this section, that the oath or matter sworn to was material, or, if before an executive, legislative or judicial tribunal committee or commission that the tribunal committee or commission had jurisdiction.

CREDIT(S)

Laws 1960, Ch. 256, §§ 1, 2, eff. from and after passage (approved May 5, 1960).

Miss. Code Ann. § 97-7-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-37. Sworn false statements to cause investigation

(1) It shall be unlawful for any person or persons to wilfully make any oral or written sworn false statements or affidavit or attestation or complaint or allegation before any individual or officer authorized to administer oaths, that such person or persons or other persons have been or are about to be deprived of any right or privilege or immunity granted or secured by the United States Constitution and laws, or either, or by the Mississippi Constitution and laws, or either, knowing the same, or any material part thereof to be false, with the intent or purpose to cause or encourage an investigation or which causes or contributes in any way to causing an investigation thereof, or any other action to be taken as a result thereof by any executive or legislative or judicial department, officer or agent, or representative of the United States, including but not limited to any member of the Federal Bureau of Investigation or member or representative or employee of, the Commission on Civil Rights created by an act of the Congress of the United States, or the State Advisory Group or Council, or Committee of the Commission on Civil Rights appointed in or for the State of Mississippi, and any person or persons violating the provisions of this section shall be guilty of the crime of false swearing which is created by this section, a felony, and upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the penitentiary, or a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00), or by both such fine and imprisonment.

(2) Corroboration or proof by more than one witness to establish the falsity of testimony or statements under oath is not required in prosecutions under this section. It shall not be necessary to prove, to sustain any charge under this section, that the oath or matter sworn to was material, or, if before an executive, legislative or judicial tribunal, committee, or commission that the tribunal, committee, or commission had jurisdiction.

CREDIT(S)

Laws 1960, Ch. 255, §§ 1, 2, eff. from and after passage (approved May 11, 1960).

Miss. Code Ann. § 97-7-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-39. Defacing federal, state, confederate flag

Any person who, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature, upon any flag, standard, color or ensign of the United States or state flag of the State of Mississippi, or ensign or Confederate flag, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which shall be attached, appended, affixed or annexed any word, figure, mark, picture, design or drawing, or any advertisement of any nature, or who shall expose to public view, manufacture, sell, expose for sale, give away or have in possession for sale or to give away, or for use for any purpose, any article or substance, being an article of merchandise, or a receptacle of merchandise, or article or things for carrying or transporting merchandise upon which, shall have been printed, painted, attached or otherwise placed, a representation of any such flag, standard, color or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance, on which so placed, or who shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, color or ensign, with the intent to desecrate or dishonor such, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for not more than thirty (30) days, or both, in the discretion of the court; shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding one hundred dollars ($100.00) or by imprisonment for not more than thirty (30) days, or both, in the discretion of the court; and shall also forfeit a penalty in the discretion of the court, of not more than fifty dollars ($50.00) for each such offense, to be recovered with costs in a civil action or suit, in any court having jurisdiction, and such action or suit may be brought by and in the name of any citizen of this state. Such penalty when collected, less the reasonable cost and expense of action or suit, shall be paid into the treasury of this state. Two (2) or more penalties may be sued for and recovered in the same action or suit. The words “flag,” “standard,” “color,” or “ensign,” as used in this section, shall include any flag, standard, color, ensign or any picture or representation of either thereof, made of any substance, or represented on any substance, and of any size, evidently purporting to be, either of said flag, standard, color or ensign of the United States of America or a picture or a representation of either thereof, upon which shall be shown the colors, the stars, and the stripes, in any number of either thereof, or by which the person seeing the same, without deliberation, may believe the same to represent the flag, colors, standard or ensign of the United States of America or of the State of Mississippi or Confederate flag.

CREDIT(S)

Laws 1971, Ch. 311, § 1, eff. from and after passage (approved February 8, 1971).

Miss. Code Ann. § 97-7-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-41. Fraud on government food program

(1) Whoever obtains, or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, any food commodity donated under any program of the federal or state government: (a) to which he is not entitled; or (b) being an employee of the state, makes any unauthorized disposition of such food commodity; or (c) not being an authorized recipient thereof converts to his own use or benefit any such donated food commodities; or (d) being an authorized recipient, sells, exchanges or makes an unauthorized disposition of such donated food commodity in any other way than as prescribed or directed by lawful rules and regulations, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00), or be imprisoned for not more than six (6) months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty the court shall take into consideration the value of the commodities.

(2) Any person who purchases, barters, exchanges or otherwise obtains any donated food commodities from any authorized recipient knowing it to have been furnished said recipient by the state or federal government, or places the same in a channel of trade shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00), or be imprisoned for not more than six (6) months, or be both so fined and imprisoned in the discretion of the court.

CREDIT(S)

Laws 1964, Ch. 339, §§ 1, 2, eff. from and after passage (approved June 11, 1964).

Miss. Code Ann. § 97-7-42

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-42. Fraud involving food coupons

Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain food coupons, by means of a willfully false statement or representation or by impersonation or in any manner not authorized by law or regulations issued by the state department of welfare, or presents or causes to be presented any food coupons to which he is not entitled or food coupons of a greater value than that to which he is justly entitled shall be guilty of a misdemeanor and upon conviction thereof be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or imprisoned in the county jail not more than one (1) year, or both in the discretion of the court; provided further, that any person who sells or gives coupons which he legally possesses to another person, and any person not legally entitled to coupons who accepts or purchases same, shall be guilty of a misdemeanor and upon conviction thereof be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or imprisoned in the county jail not more than one (1) year, or both in the discretion of the court. Each violation shall be a separate and distinct offense; and any person committing a third offense shall be guilty of a felony and upon conviction thereof be fined not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00) or imprisoned in the penitentiary not less than one (1) nor more than five (5) years, or both in the discretion of the court.

CREDIT(S)

Laws 1973, Ch. 420, § 1, eff. from and after passage (approved March 29, 1973).

Miss. Code Ann. § 97-7-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-43. Impersonating public officer or employee

Whoever falsely and willfully assumes or pretends to be an officer or employee acting under the authority of the State of Mississippi or any department, agency or officer thereof; or of any county, municipality or any other subdivision of the State of Mississippi, or of any department, agency or officer of such county, municipality or subdivision, shall be guilty of a misdemeanor and punished for each separate such offense by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment.

CREDIT(S)

Laws 1956, Ch. 245, § 1, eff. from and after passage (approved February 24, 1956).

Miss. Code Ann. § 97-7-44

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-44. Impersonating an officer or state agency employee

Any person who falsely and willfully assumes or pretends to be an officer or employee acting under the authority of the State of Mississippi or any department, agency or officer thereof; or of any county, municipality or any other subdivision of the State of Mississippi, or of any department agency or officer of such county, municipality or subdivision, shall be guilty of a misdemeanor and punished for each separate such offense by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment of not more than six (6) months in jail, or by both such fine and imprisonment.

CREDIT(S)

Added by Laws 2001, Ch. 322, § 1, eff. July 1, 2001.

Miss. Code Ann. § 97-7-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-45. Preventing legislative meetings

Every person who wilfully, and by force or fraud, prevents, or attempts to prevent, the legislature, or either of the houses composing it, or any of the members thereof, from meeting or organizing, shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary, not exceeding ten years.

Miss. Code Ann. § 97-7-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-47. Disturbing legislative sessions; impairing respect

Every person who wilfully disturbs the legislature, or either of the houses composing it, while in session; or who commits any disorderly conduct in the view and presence of either house, tending to interrupt its proceedings, or impair the respect due to its authority, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by fine, not less than twenty dollars nor more than two hundred dollars, and by imprisonment in the county jail not more than three months.

Miss. Code Ann. § 97-7-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-49. Altering or destroying bill or resolution

Every person who fraudulently alters, destroys, or mutilates the draft of any bill or resolution which has been presented to either house composing the legislature, or the engrossed copy thereof, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or signed or certified by the presiding officer of either house, in language different than that intended by such house, shall be guilty of a felony, and, on conviction, shall be imprisoned in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-7-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-51. Altering or destroying bill or resolution after passage

Every person who fraudulently alters, destroys, or mutilates the enrolled copy of any bill or resolution which has been passed or adopted by the legislature of this state, with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published as a statute or law, in language different from that in which it was passed or adopted by the legislature, shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-7-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-53. Bribing or corrupting legislator

Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, shall be guilty of a felony, and, upon conviction, shall be imprisoned in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-7-55

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-55. Legislator soliciting or accepting bribe

Every member of either house composing the legislature who asks, receives, or agrees to receive any bribe, upon any understanding, express or implied, that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives or offers or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, shall be guilty of a felony, and, upon conviction, shall be imprisoned in the penitentiary not less than one year nor more than ten years.

Miss. Code Ann. § 97-7-57

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-57. Offering to influence legislation in exchange for money or valuable thing

Every person who obtains, or seeks to obtain, money or other thing of value from another person upon a pretense, claim or representation that he can or will improperly influence, in any manner, the action of any member of the legislature or officer thereof, in regard to any vote or legislative matter, shall be guilty of felony, and, upon conviction, shall be imprisoned in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-7-59

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-59. Not reporting for national guard active duty

Any officer or enlisted man of the Mississippi national guard called out or notified for active duty, who shall fail to report at the time and place appointed, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment, at the discretion of the court, and if the conviction be by a military court in addition thereto, may be dismissed or dishonorably discharged from the military service of the state.

Miss. Code Ann. § 97-7-61

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-61. Military organizations without license

It shall be unlawful for any body of men whatsoever, other than the regularly organized land and naval militia of this state, the land and naval forces of the United States, and the students of public or of regularly chartered educational institutions where military science is a prescribed part of the course of instruction, to associate themselves together as a military organization for drill or parade in public with firearms in this state, without special license from the governor for each occasion, and application for such license must be approved by the mayor and board of aldermen or commissioners of the town or city where such organization may propose to parade, and any person or persons participating in such unlawful association shall be guilty of a misdemeanor and on conviction of same shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine not to exceed five hundred dollars, or both fine and imprisonment, at the discretion of the court. Provided that the governor may permit the passage through or the attendance in the state of the organized militia of other states for the purpose of attending joint maneuvers, rifle competitions, or for such other purposes as he may deem proper.

Miss. Code Ann. § 97-7-63

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-63. Obstructing access to public buildings

(1) It shall be unlawful for any person, singly or in concert with others, to engage in picketing or mass demonstrations in such a manner as to obstruct or unreasonably interfere with free ingress or egress to and from any public premises, state property, county or municipal courthouses, city halls, office buildings, jails, or other public buildings or property owned by the State of Mississippi, or any county or municipal government located therein, or with the transaction of public business or administration of justice therein or thereon conducted or so as to obstruct or unreasonably interfere with free use of public streets, sidewalks, or other public ways adjacent or contiguous thereto.

(2) Any person guilty of violating this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), or imprisoned in jail not more than six (6) months, or both such fine and imprisonment.

(3) This section shall not be construed to affect any suit or prosecution pending on July 9, 1964 in any court.

CREDIT(S)

Laws 1964, Ch. 343, §§ 1, 2; Laws 1964, 1st Ex. Sess., Ch. 23, §§ 1 to 3, eff. from and after passage (approved July 14, 1964).

Miss. Code Ann. § 97-7-65

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-65. Cutting or rafting timber from state lands

If any person shall be guilty of cutting or rafting any cypress, pine, oak, persimmon, gum, hickory, pecan, walnut, mulberry, poplar, cottonwood, sassafras, or ash trees, or other merchantable timber upon any lands belonging to this state or held in trust by this state, such person shall be guilty of crime, and on conviction, if the value of the trees or timber so cut or rafted shall be twenty-five dollars or more, such person shall be imprisoned in the penitentiary for a term not exceeding five years; and if the value of the said trees or timber so cut or rafted shall be under twenty-five dollars, such person shall be imprisoned in the county jail not exceeding six months or fined in a sum not less than one hundred dollars nor more than one thousand dollars, or both.

CREDIT(S)

Laws 1930, Ch. 152, § 1, eff. from and after passage (approved May 19, 1930).

Miss. Code Ann. § 97-7-67

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-67. Treason

If any person shall levy war against this state, or adhere to its enemies, giving them aid and comfort, he shall be guilty of treason, and, shall, upon conviction, suffer death or imprisonment for life in the state penitentiary.

CREDIT(S)

Laws 1977, Ch. 458, § 8, eff. from and after passage (approved April 13, 1977).

Miss. Code Ann. § 97-7-69

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-69. Proof of treason

A person shall not be convicted of treason unless upon the testimony of two witnesses to the same overt act, or on his own confession in open court.

Miss. Code Ann. § 97-7-71

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 7. Crimes Against Sovereignty or Administration of Government

§ 97-7-71. Advocating violent overthrow of government

Any person who advocates in writing or in print or verbally, or otherwise, the overthrow of the constitution or government of the United States or the constitution or the government of the State of Mississippi, by violence, shall be deemed guilty of a felony and on conviction be imprisoned in the state penitentiary not less than three and not more than twenty years.

Miss. Code Ann. § 97-9-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-1. Distribution of simulated legal documents

(1) It shall be unlawful for any person, firm or corporation to print for the purpose of sale or distribution, to circulate or offer for sale, to send or deliver, to cause to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand which simulates a form of court or legal process, the intention of which document is to lead the recipient or addressee to believe the same to be a genuine court or legal process, for the purpose of obtaining anything of value.

(2) The printing, circulating, selling, sending or delivery of such simulating document shall be prima facie evidence of such intent, and it shall be no defense to show that the document bears any statement to the contrary, nor shall it be a defense to show that the thing of value sought to be obtained was to apply as payment on a valid obligation.

(3) In prosecutions for violation of this section, the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing shall be sufficient proof to the sending or delivery.

(4) Nothing in this section shall prevent the printing, publication, sale or distribution of genuine legal forms for the use of attorneys, clerks of court or justices of the peace.

(5) Any person, firm or corporation violating subsection (1) of this section shall be fined, for the first offense, not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or be imprisoned in the county jail not to exceed thirty (30) days, or by both such a fine and imprisonment; for subsequent offenses, not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail not to exceed ninety (90) days, or by both such a fine and imprisonment.

CREDIT(S)

Laws 1966, Ch. 386, §§ 1 to 5, eff. from and after passage (approved February 17, 1966).

Miss. Code Ann. § 97-9-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-3. Tampering with records of courts of justice or public office

The stealing and carrying away, or fraudulently withdrawing, concealing, or destroying or taking away any record, paper, or proceeding of a court of justice, or any paper or proceeding filed or deposited with any officer or in any public office, shall be larceny without reference to the value of the record, paper, or proceeding so stolen, taken away, or destroyed, and shall be punished by imprisonment in the penitentiary not more than five years, or in the county jail not more than one year, and by fine not exceeding five hundred dollars, or both.

Miss. Code Ann. § 97-9-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-5. Bribery of jurors, arbitrators or referees

If any person drawn, summoned, chosen, or appointed as a juror, arbitrator, or referee shall, corruptly take or receive any gratuity, gift, or reward whatever, or any promise thereof, or if the wife of such person, with his knowledge and consent, shall so take or receive, to influence any verdict, award, or report of such juror, arbitrator, or referee, he shall, on conviction, be imprisoned in the penitentiary not more than five years, or in the county jail not more than one year, or fined one thousand dollars, or both, and any person who shall make or offer any such gratuity, reward, or any promise thereof, shall, on conviction, suffer the same penalty.

Miss. Code Ann. § 97-9-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-7. Bribery to conceal commission of offenses punishable by death or imprisonment for life

Every person having a knowledge of the actual commission of any offense punishable by death or by imprisonment in the penitentiary for life, who shall take any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal any such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five years, or in the county jail not exceeding one year.

Miss. Code Ann. § 97-9-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-9. Bribery to conceal commission of offenses punishable by imprisonment for less than life

Every person having a knowledge of the actual commission of any offense punishable by imprisonment in the penitentiary for any other term than for life, who shall take any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, expressed or implied, to compound or conceal any such crime, or to abstain from any prosecution therefor, or to withhold any evidence thereof shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding three years, or in the county jail not exceeding six months.

Miss. Code Ann. § 97-9-10

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-10. Commercial bribery

(1) Commercial bribery is the giving or offering to give, directly or indirectly, anything of apparent present or prospective value to any private agent, employee or fiduciary, without the knowledge and consent of the principal or employer, with the intent to influence such agent's, employee's or fiduciary's action in relation to the principal's or employer's affairs.

(2) The agent's, employee's or fiduciary's acceptance of or offer to accept, directly or indirectly, anything of apparent present or prospective value under the circumstances set forth in subsection (1) of this section shall also constitute commercial bribery.

(3) The offender under this section who states the facts, under oath, to the district attorney charged with prosecution of the offense, who gives evidence tending to convict any other offender under this section and who testifies in support of the evidence he gives when requested by the district attorney, may, in the discretion of the district attorney, be granted full immunity from prosecution for commercial bribery, in respect to the particular offense reported.

(4) Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine or imprisonment.

CREDIT(S)

Laws 1983, Ch. 515, § 1, eff. July 1, 1983.

Miss. Code Ann. § 97-9-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-11. Maintenance and certain actions involving legal proceedings unlawful

It shall be unlawful for any person, firm, partnership, corporation, group, organization, or association, either incorporated or unincorporated from this state or any other state, either before or after proceedings commenced: (a) to promise, give, or offer, or to conspire or agree to promise, give, or offer, (b) to receive or accept, or to agree or conspire to receive or accept, (c) to solicit, request, or donate, any money, bank note, bank check, chose in action, personal services, or any other personal or real property, or any other thing of value, or any other assistance as an inducement to any person to commence or to prosecute further, or for the purpose of assisting such person to commence or prosecute further, any proceeding in any court or before any administrative board or other agency, regardless of jurisdiction; provided, however, this section shall not be construed to prohibit the constitutional right of regular employment of any attorney at law or solicitor in chancery, for either a fixed fee or upon a contingent basis, to represent such person, firm, partnership, corporation, group, organization, or association before any court or administrative agency.

CREDIT(S)

Laws 1956, Ch. 253, § 1; Laws 1976, Ch. 359, § 1, eff. July 1, 1976. Amended by Laws 2013, S.B. No. 2223, § 3, eff. July 1, 2013.

Miss. Code Ann. § 97-9-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-13. Penalty for maintenance

Any person violating any of the provisions of section 97-9-11 shall be guilty of maintenance and, upon conviction thereof, shall be punished by imprisonment for one year in the state penitentiary.

CREDIT(S)

Laws 1956, Ch. 253, § 2, eff. from and after passage (approved February 20, 1956).

Miss. Code Ann. § 97-9-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-15. Affidavit of prosecuting party

Every person who commences or prosecutes or assists in the commencement or prosecution of any proceeding in any court or before any administrative agency in the State of Mississippi, or who may take an appeal from any such rule, order, or judgment thereof, shall, on motion made by any of the parties of such proceedings, or by the court or agency in which such proceeding is pending, file with such court or agency, as a condition precedent to the further prosecution of such proceeding, the following affidavit:

I, (__________), petitioner (or complainant, plaintiff, appellant or whatever party he may be) in this matter, do hereby swear (or affirm) that I have neither received, nor conspired to receive, any valuable consideration or assistance whatever as an inducement to the commencement or further prosecution of the proceedings in this matter.

_________________________

(Signature of Affiant)

_________________________

Affiant

Sworn to and subscribed before me on this, the (________) day of(________), 19 (____).

_________________________

(Signature of Official)

_________________________

(Title of Official)

In the case of any firm, corporation, group, organization, or association required to make the above affidavit, such affidavit shall be made by the person having custody and control of the books and records of such firm, corporation, group, organization, or association.

CREDIT(S)

Laws 1956, Ch. 253, § 3, eff. from and after passage (approved February 20, 1956).

Miss. Code Ann. § 97-9-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-17. Affidavit of attorney

Every attorney representing any person, firm, partnership, corporation, group, organization, or association in any proceeding in any court or before any administrative agency in the State of Mississippi, or who may take an appeal from any rule, order, or judgment thereof, shall, on motion made by any of the parties to such proceeding, or by the court or agency in which such proceeding is pending, file, as a condition precedent to the further prosecution of such proceeding, the following affidavit:

I, (__________), attorney representing (__________), petitioner (or complainant, plaintiff, appellant or whatever party he may be) in this matter, do hereby swear (or affirm) that neither I nor, to the best of my knowledge and belief, any other person, firm, partnership, corporation, group, organization, or association has promised, given, or offered, or conspired to promise, give, or offer, or solicited, received, or accepted any valuable consideration or any assistance whatever to said (__________) as an inducement to said (__________) to the commencement or further prosecution of the proceedings herein.

_________________________

(Signature of Affiant)

_________________________

Affiant

Sworn to and subscribed before me on this, the (________) day of(________), 19 (____).

_________________________

(Signature of Official)

_________________________

(Title of Official)

Provided, however, that if, on motion made, such affidavits are promptly filed, the failure in the first instance to have filed same shall not constitute grounds for a continuance of such proceedings.

CREDIT(S)

Laws 1956, Ch. 253, § 4, eff. from and after passage (approved February 20, 1956).

Miss. Code Ann. § 97-9-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-19. False affidavits; penalties

Every person or attorney who shall file a false affidavit shall be guilty of perjury and shall be punished as provided by law. Every attorney who shall file a false affidavit, or who shall violate any other provision of sections 97-9-11 to 97-9-23, upon final conviction thereof shall also be disbarred, by order of the court in which convicted. Any attorney who shall file a false affidavit, or violate any other provision of sections 97-9-11 to 97-9-23, and who is not a member of the Mississippi Bar shall, in addition to the other penalties provided by sections 97-9-11 to 97-9-23, be forever barred from practicing before any court or administrative agency of this state.

CREDIT(S)

Laws 1956, Ch. 253, § 5, eff. from and after passage (approved February 20, 1956).

Miss. Code Ann. § 97-9-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-21. Testimony of witness; immunity

No person shall be excused from attending or testifying or producing evidence of any kind before a grand jury, or before any court, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the provisions of sections 97-9-11 to 97-9-23 on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing, concerning which he may be required to testify or produce evidence, documentary or otherwise, before the grand jury or court or in any cause or proceeding; provided, that no person so testifying shall be exempt from prosecution or punishment for perjury in so testifying. Any person who shall neglect or refuse to so attend or testify, or to answer any lawful inquiry, or to produce books or other documentary evidence, if in his power to do so, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment.

CREDIT(S)

Laws 1956, Ch. 253, § 6, eff. from and after passage (approved February 20, 1956).

Miss. Code Ann. § 97-9-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-23. Exceptions to maintenance

The provisions of sections 97-9-11 to 97-9-23 shall not be applicable to attorneys who are parties to contingent fee contracts with their clients where the attorney does not pay or protect the client from payment of the costs and expenses of litigation, nor shall said sections apply to suits pertaining to or affecting possession of or title to real or personal property, nor shall said sections apply to suits involving the legality of assessment or collection of taxes, nor shall said sections apply to suits involving rates or charges by common carriers or public utilities, nor shall said sections apply to criminal prosecutions, nor to the payment of attorneys by legal aid societies approved by the Mississippi State Bar.

Nothing in sections 97-9-11 to 97-9-23 is intended to be in derogation of the constitutional right of real parties in interest to employ counsel or to prosecute any available legal remedy. The intent, as herein set out, is to prohibit and punish, more clearly and definitely, champerty, maintenance, barratry, and the solicitation or stirring up of litigation, whether the same be committed by licensed attorneys or by others who are not real parties in interest to the subject matter of such litigation.

CREDIT(S)

Laws 1956, Ch. 253, § 7, eff. from and after passage (approved February 20, 1956).

Miss. Code Ann. § 97-9-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-25. Aiding escapes of persons committed or confined to state institutions

It shall be unlawful for any person, firm, copartnership, corporation or association to knowingly entice, harbor, employ, or aid, assist or abet in the escape, enticing, harboring or employment of any delinquent, person with mental illness, person with an intellectual disability or incorrigible person committed to, or confined in any institution maintained by the state for the treatment, education or welfare of delinquent persons, persons with mental illness, persons with an intellectual disability or incorrigible persons. Any person violating the provisions of this section, upon conviction, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not less than thirty (30) days, nor more than ninety (90) days, or both.

CREDIT(S)

Laws 1930, Ch. 25, §§ 1, 2, eff. from and after passage (approved March 25, 1930). Amended by Laws 2008, Ch. 442, § 33, eff. July 1, 2008; Laws 2010, Ch. 476, § 80, eff. from and after passage (approved April 1, 2010).

Miss. Code Ann. § 97-9-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-27. Conveyance of escape tools; felons

Every person who shall convey into the penitentiary, jail, or other place of confinement any disguise, instrument, arms, or other things useful to any prisoner in his escape, with the intent thereby to facilitate the escape of any prisoner lawfully committed to or detained in such prison, jail, or place for any felony whatever, whether such escape be effected or attempted or not, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-9-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-29. Aiding escape of felons, generally

Every person who shall, by any means whatever, aid or assist any prisoner lawfully detained in the penitentiary, or in any jail or place of confinement for any felony, in an attempt to escape therefrom, whether such escape be effective or not, or who shall forcibly rescue any prisoner held in legal custody upon any criminal charge, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-9-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-31. Conveyance of escape tools; non-felons

Every person who, by any means whatever, shall aid or assist any prisoner lawfully committed to any jail or place of confinement, in execution of any conviction for any criminal offense other than felony, to escape, whether such escape be effective or not, or who shall convey into such jail or place of confinement any disguise, instrument, arm, or other things useful to facilitate the escape of any prisoner so committed, whether such escape be effective or attempted or not, shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or both.

Miss. Code Ann. § 97-9-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-33. Aiding escape from custodial officials

Every person who shall aid or assist any prisoner in escaping or attempting to escape from the custody of any sheriff, marshal, constable, or other officer or person who shall have the lawful charge of such prisoner upon any criminal charge, shall, upon conviction, be punished by imprisonment in the county jail not exceeding one (1) year, or by fine not exceeding Five Hundred Dollars ($500.00), or both.

CREDIT(S)

Laws 1986, Ch. 459, § 38, eff. July 1, 1986.

Miss. Code Ann. § 97-9-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-35. Officer or guard aiding escape

If any officer, or guard of the penitentiary, or any other person, shall, while any convict is under his keeping or charge, wilfully or negligently permit such convict to escape from custody, the person so offending shall be subject to indictment therefor, and, on conviction, shall be fined not more than one thousand dollars and be imprisoned in the penitentiary not less than one year nor more than two years, or in the county jail not less than six months, or shall be punished by both such fine and imprisonment.

Miss. Code Ann. § 97-9-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-37. Private custodial party aiding escape

If any private person having a prisoner in his keeping, arrested on suspicion of felony or other offense, and the prisoner who is so arrested escape by the wilful act or negligence of the person having him in custody, then the person from whom such prisoner so escaped shall, upon conviction, be fined not more than one thousand dollars or imprisoned in the county jail not longer than one year, or both.

Miss. Code Ann. § 97-9-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-39. Jailer's refusal to confine prisoner

If any sheriff, jailer, constable, marshal, or other officer, shall wilfully and corruptly refuse to execute any lawful process directed to him or any of them, requiring the apprehension or confinement of any person charged with a criminal offense; or shall corruptly and wilfully omit to execute such process, by which such person shall escape; or shall wilfully refuse to receive in any jail under his charge any offender lawfully committed to such jail and ordered to be confined therein on any criminal charge or conviction, or any lawful process whatever; or shall suffer any person lawfully committed to his custody to escape and go at large, either wilfully or negligently; or shall receive any gratuity or reward, or any security or engagement for the same, to procure, assist, or connive at, or permit any prisoner in his custody on any criminal charge or conviction to escape, whether such escape be attempted or effected or not, he shall, upon conviction, be punished by imprisonment in the county jail not exceeding one (1) year, or by fine not exceeding One Thousand Dollars ($1,000.00), or both.

CREDIT(S)

Laws 1986, Ch. 459, § 39, eff. July 1, 1986.

Miss. Code Ann. § 97-9-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-41. Harboring escaped prisoner

Every person who shall knowingly conceal or harbor any prisoner or convict who has escaped from the lawful custody of any officer, jail, prison, or the penitentiary, within this state shall be guilty of a felony and upon conviction shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment in the penitentiary for a term not to exceed five (5) years.

CREDIT(S)

Laws 1952, Ch. 258, § 1, eff. from and after passage (approved April 14, 1952).

Miss. Code Ann. § 97-9-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-43. Imprisonment of escapees after expired sentence

If any convict, confined in any jail or in the penitentiary for a criminal offense, shall escape therefrom he may be pursued, retaken and imprisoned again, notwithstanding the term for which he was sentenced to be imprisoned may have expired at the time he shall be retaken, and shall remain so imprisoned until he shall have served as a convict the entire length of time which he would have been required to so serve had he not escaped, and until tried for such escape, or until discharged on a failure to prosecute therefor.

CREDIT(S)

Laws 1978, Ch. 414, § 1, eff. July 1, 1978.

Miss. Code Ann. § 97-9-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-45. Escapees; penalties and forfeiture of parole time

If any person sentenced to the Mississippi Department of Corrections for any term shall escape or attempt to escape from his particular unit or camp of confinement or the boundaries of the penitentiary as a whole, or shall escape or attempt to escape from custody before confinement therein, he shall, upon conviction, be punished by imprisonment in such prison for a term not exceeding five (5) years, to commence from and after the expiration of the original term of his imprisonment as extended in consequence of such escape or attempted escape.

Any convict who is entrusted to leave the boundaries of confinement by authorities of the Mississippi Department of Corrections or by the Governor, and who willfully fails to return within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and, upon conviction, shall be subject to the penalties provided under this section.

CREDIT(S)

Laws 1966, Ch. 357, § 1; Laws 1972, Ch. 312, § 1; Laws 1984, Ch. 428, § 1, eff. July 1, 1984; Laws 2002, Ch. 328, § 1, eff. July 1, 2002.

Miss. Code Ann. § 97-9-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-47. Escape by force or violence; penalties

Every person lawfully imprisoned in the penitentiary for any term less than life, who shall attempt, by force or violence to any person, to escape from such prison, whether such escape be effected or not, shall, upon conviction, be adjudged to imprisonment in the penitentiary for a term not less than five years, to commence after the termination of the imprisonment to which such person shall have been sentenced at the time of such attempt.

Miss. Code Ann. § 97-9-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-49. Escape of prisoners or persons under arrest or custody; penalties; willful failure to return to jail by person entrusted to leave

(1)(a) Whoever escapes or attempts by force or violence to escape from any jail in which he is confined, or from any custody under or by virtue of any process issued under the laws of the State of Mississippi by any court or judge, or from the custody of a sheriff or other peace officer pursuant to lawful arrest, shall, upon conviction, if the confinement or custody is by virtue of an arrest on a charge of felony, or conviction of a felony, be punished by imprisonment in the penitentiary not exceeding five (5) years to commence at the expiration of his former sentence, or, if the confinement or custody is by virtue of an arrest of or charge for or conviction of a misdemeanor, be punished by imprisonment in the county jail not exceeding one (1) year to commence at the expiration of the sentence which the court has imposed or which may be imposed for the crime for which he is charged.

(b) Whoever escapes or attempts by force or violence to escape from any confinement for contempt of court, shall, upon conviction, be found guilty of a misdemeanor and sentenced to imprisonment not to exceed six (6) months in the county jail.

(2) Anyone confined in any jail who is entrusted by any authorized person to leave the jail for any purpose and who willfully fails to return to the jail within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and shall be subject to the penalties provided in subsection (1).

CREDIT(S)

Laws 1972, Ch. 323, § 1; Laws 1978, Ch. 414, § 2; Laws 1983, Ch. 387, § 1, eff. July 1, 1983; Laws 2002, Ch. 328, § 2, eff. July 1, 2002; Laws 2006, Ch. 358, § 1, eff. July 1, 2006.

Miss. Code Ann. § 97-9-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-51. Repealed by Laws 1983, Ch. 387, § 2, eff. July 1, 1983

Miss. Code Ann. § 97-9-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-53. Disclosure of indictment facts

If a grand juror, witness, district attorney, clerk, sheriff, or any other officer of the court, disclose the fact of an indictment being found or returned into court against a defendant, or disclose any action or proceeding had in relation thereto, before the finding of the indictment, or in six months thereafter, or until after the defendant shall have been arrested or given bail or recognizance to answer thereto, he shall be fined not more than two hundred dollars.

Miss. Code Ann. § 97-9-55

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-55. Intimidating or influencing judges or others; penalties

If any person or persons by threats, force or abuse, attempt to intimidate or otherwise influence a judge, justice of the peace, juror, or one whose name has been drawn for jury service, witness, prosecuting or defense attorney or any other officer in the discharge of his duties, or by such force, abuse or reprisals or threats thereof after the performance of such duties, or to obstruct or impede the administration of justice in any court, he shall, upon conviction, be punished by imprisonment not less than one (1) month in the county jail nor more than two (2) years in the state penitentiary or by a fine not exceeding five hundred dollars ($500.00), or both such fine and imprisonment.

CREDIT(S)

Laws 1964, Ch. 352, § 1, eff. from and after passage (approved March 12, 1964).

Miss. Code Ann. § 97-9-57

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-57. Communications between court officers and jurors

The sheriff, bailiff, or other officer, shall not be in the room or converse with a juror after the jury has retired from the bar, save by order of the court. A violation of this section shall subject the offender to a fine of fifty dollars and one week's imprisonment for a contempt.

Miss. Code Ann. § 97-9-59

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-59. “Perjury” defined

Every person who shall wilfully and corruptly swear, testify, or affirm falsely to any material matter under any oath, affirmation, or declaration legally administered in any matter, cause, or proceeding pending in any court of law or equity, or before any officer thereof, or in any case where an oath or affirmation is required by law or is necessary for the prosecution or defense of any private right or for the ends of public justice, or in any matter or proceeding before any tribunal or officer created by the Constitution or by law, or where any oath may be lawfully required by any judicial, executive, or administrative officer, shall be guilty of perjury, and shall not thereafter be received as a witness to be sworn in any matter or cause whatever, until the judgment against him be reversed.

Miss. Code Ann. § 97-9-61

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-61. Penalties for perjury

Persons convicted of perjury shall be punished by imprisonment in the penitentiary as follows: For perjury committed on the trial of any indictment for a capital offense or for any other felony, for a term not less than ten years; for perjury committed on any other judicial trial or inquiry, or in any other case, for a term not exceeding ten years.

Miss. Code Ann. § 97-9-63

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-63. Subornation of perjury

Every person who shall unlawfully or corruptly procure any witness, by any means whatever, to commit wilful and corrupt perjury in any case, matter, or proceedings, in or concerning which such witness shall be legally sworn and examined, shall be guilty of subornation of perjury, and shall not thereafter be received as a witness to be sworn in any matter or cause whatever, until the judgment against him be reversed, and shall be punished by imprisonment in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-9-65

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-65. Bribery to induce perjury

Every person who shall, by the offer of any valuable consideration, attempt, unlawfully and corruptly, to procure any other person to commit wilful and corrupt perjury as a witness in any cause, matter, or proceeding in or concerning which such other person might by law be examined as a witness, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five years.

Miss. Code Ann. § 97-9-67

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-67. Picketing or demonstrating with intent to obstruct justice

(1) Whoever, with intent of interfering with, obstructing or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the State of Mississippi, or in or near a building or residence occupied or used by such judge, juror, witness or court officer, or which such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both.

(2) Nothing in this section shall interfere with or prevent the exercise by any court of the State of Mississippi of its power to punish for contempt.

CREDIT(S)

Laws 1965, 1st Ex. Sess., Ch. 6, §§ 1, 2, eff. from and after passage (approved June 18, 1965).

Miss. Code Ann. § 97-9-69

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-69. Unauthorized removal of levied property

Any person who shall, without authority of law, remove property of his own or of any other person which he knows has been levied on by virtue of any legal process, upon conviction, shall be punishable by fine, not exceeding five hundred dollars, and by imprisonment, not exceeding six months, in the county jail.

Miss. Code Ann. § 97-9-71

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-71. Refusal to identify or permit property to be seized

If any person shall have in his possession or under his control personal property of any kind subject to seizure by virtue of any legal process in the hands of any state or federal law enforcement officer, as the property of another or as subject to such process, and shall refuse or omit to point out such property to such officer on his demanding it, and to permit him to take possession of it, he shall, upon conviction, be subject to a fine of not less than the value of such property, nor more than double such value, or to imprisonment in the county jail not less than one (1) month nor more than six (6) months, or to both such fine and imprisonment.

CREDIT(S)

Laws 1993, Ch. 547, § 3, eff. from and after passage (approved April 15, 1993).

Miss. Code Ann. § 97-9-72

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-72. Driver failing to stop motor vehicle pursuant to signal of law enforcement officer; penalty; defenses

(1) The driver of a motor vehicle who is given a visible or audible signal by a law enforcement officer by hand, voice, emergency light or siren directing the driver to bring his motor vehicle to a stop when such signal is given by a law enforcement officer acting in the lawful performance of duty who has a reasonable suspicion to believe that the driver in question has committed a crime, and who willfully fails to obey such direction shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1, 000.00) or imprisoned in the county jail for a term not to exceed six (6) months, or both.

(2) Any person who is guilty of violating subsection (1) of this section by operating a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property, or who so operates a motor vehicle in a manner manifesting extreme indifference to the value of human life, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by commitment to the custody of the Mississippi Department of Corrections for not more than five (5) years, or both.

(3) Any person who is guilty of violating subsection (1) of this section, which violation results in serious bodily injury of another, upon conviction shall be committed to the custody of the Department of Corrections for not less than three (3) nor more than twenty (20) years of imprisonment.

(4) Any person who is guilty of violating subsection (1) of this section, which violation results in the death of another, upon conviction shall be committed to the custody of the Department of Corrections for not less than five (5) nor more than forty (40) years.

(5) It is a defense to prosecution under this section:

(a) That the law enforcement officer was not in uniform or that no law enforcement vehicle used in the attempted stop was clearly marked as a law enforcement vehicle; or

(b) That the driver proceeded in a safe manner to a reasonably near well-lit public place before stopping.

CREDIT(S)

Added by Laws 2004, Ch. 487, § 1, eff. July 1, 2004.

Miss. Code Ann. § 97-9-73

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-73. Obstructing or resisting lawful arrest

It shall be unlawful for any person to obstruct or resist by force, or violence, or threats, or in any other manner, his lawful arrest or the lawful arrest of another person by any state, local or federal law enforcement officer, and any person or persons so doing shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not more than six (6) months, or both.

CREDIT(S)

Laws 1960, Ch. 261, § 1; Laws 1993, Ch. 547, § 4; Laws 1994, Ch. 592, § 5, eff. from and after passage (approved April 8, 1994); Laws 2003, Ch. 536, § 1, eff. July 1, 2003.

Miss. Code Ann. § 97-9-75

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-75. Resisting service of process

Any person who knowingly and wilfully opposes or resists any officer or other authorized person in serving or attempting to serve or execute any legal writ or process, shall be guilty of a misdemeanor.

Miss. Code Ann. § 97-9-77

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-77. Wilfully altering, destroying or secreting will or codicil

If any person shall wilfully alter or destroy any will or codicil without the consent of the party making the same, or shall wilfully secrete the same after the death of the testator shall be known to him, the person so offending, on conviction, shall be fined, or imprisoned in the county jail, or both; or shall be imprisoned in the penitentiary not exceeding two years.

Miss. Code Ann. § 97-9-79

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 1. In General

§ 97-9-79. False statement of identity

Any person who shall make or cause to be made any false statement or representation as to his or another person's identity, social security account number or other identifying information to a law enforcement officer in the course of the officer's duties with the intent to mislead the officer shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed one (1) year, or both.

CREDIT(S)

Laws 1996, Ch. 513, § 8, eff. July 1, 1996.

Miss. Code Ann. T. 97, Ch. 9, Art. 3, Refs & Annos

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice

Miss. Code Ann. § 97-9-101

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-101. Definitions

The following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

(a) “Benefit” means any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.

(b) “Government” means the state, county, municipality or other political subdivision, agency, branch or department of any of the foregoing, and any corporation or other entity established by law to carry out any governmental function.

(c) “Governmental function” means any activity which a public servant is legally authorized to undertake on behalf of a government.

(d) “Harm” means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.

(e) “Juror” means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term juror also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror.

(f) “Official proceeding” means any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath.

(g) “Physical evidence” means any article, object, document, record or other thing of physical substance.

(h) “Property” means any real or personal property, including books, records and documents.

(i) “Public servant” means any officer or employee of government, including legislators and judges and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function; but the term does not include witnesses. This term includes persons who have been elected, appointed or designated to become a public servant although not yet occupying that position.

(j) “Testimony” means oral or written statements, documents or any other material that may be offered as evidence in an official proceeding.

(k) “Threat” means any menace, however communicated, to: (i) cause bodily injury to the person threatened or another or commit any other criminal offense; (ii) cause damage to property or cause anyone to part with property; (iii) accuse anyone of a criminal offense; (iv) expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; (v) impair the credit or business repute of any person; or (vi) take or withhold action as a public servant or cause a public servant to take or withhold action.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 1, eff. July 1, 2006.

Miss. Code Ann. § 97-9-103

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-103. Hindering prosecution or apprehension; definition of “criminal assistance”

For the purposes of Sections 97-9-105 and 97-9-107, a person “renders criminal assistance” to another if he knowingly:

(a) Harbors or conceals the other person;

(b) Warns the other person of impending discovery or apprehension, except that this paragraph (b) does not apply to a warning given in connection with an effort to bring another into compliance with the law;

(c) Provides or aids in providing the other person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;

(d) Prevents or obstructs, by means of force, deception or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution or conviction of the other person; or

(e) Suppresses, by an act of concealment, alteration or destruction, any physical evidence that might aid in the discovery, apprehension or conviction of the other person.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 2, eff. July 1, 2006.

Miss. Code Ann. § 97-9-105

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-105. Hindering prosecution in the first degree

(1) A person commits the crime of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a felony, he renders criminal assistance to the other person.

(2) Hindering prosecution in the first degree is a Class 1 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 3, eff. July 1, 2006.

Miss. Code Ann. § 97-9-107

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-107. Hindering prosecution in the second degree

(1) A person commits the crime of hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction or punishment of another for conduct constituting a misdemeanor, he renders criminal assistance to the other person.

(2) Hindering prosecution in the second degree is a misdemeanor.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 4, eff. July 1, 2006.

Miss. Code Ann. § 97-9-109

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-109. Bribing a witness

(1) A person commits the crime of bribing a witness if he intentionally or knowingly offers, confers or agrees to confer any benefit upon a witness or a person he believes will be called as a witness in any official proceeding with intent to:

(a) Influence the testimony of that person;

(b) Induce that person to avoid legal process summoning him to testify; or

(2) Bribing a witness is a Class 1 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 5, eff. July 1, 2006.

Miss. Code Ann. § 97-9-111

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-111. Bribe receiving by a witness

(1) A witness or a person believing he will be called as a witness in any official proceeding commits the crime of bribe receiving by a witness if he intentionally or knowingly solicits, accepts or agrees to accept any benefit upon an agreement or understanding that:

(a) His testimony will thereby be influenced;

(b) He will attempt to avoid legal process summoning him to testify; or

(2) Bribe receiving by a witness is a Class 1 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 6, eff. July 1, 2006.

Miss. Code Ann. § 97-9-113

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-113. Intimidating a witness

(1) A person commits the crime of intimidating a witness if he intentionally or knowingly attempts, by use of a threat directed to a witness or a person he believes will be called as a witness in any official proceedings, to:

(a) Influence the testimony of that person;

(b) Induce that person to avoid legal process summoning him to testify; or

(2) Intimidating a witness is a Class 1 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 7, eff. July 1, 2006.

Miss. Code Ann. § 97-9-115

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-115. Tampering with a witness

(1) A person commits the crime of tampering with a witness if he intentionally or knowingly attempts to induce a witness or a person he believes will be called as a witness in any official proceeding to:

(a) Testify falsely or unlawfully withhold testimony; or

(b) Absent himself from any official proceeding to which he has been legally summoned.

(2) Tampering with a witness is a Class 2 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 8, eff. July 1, 2006.

Miss. Code Ann. § 97-9-116

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-116. Bribing a judge with intent to affect justice; violation; penalty

(1) A person commits the crime of bribing a judge if he intentionally or knowingly offers, confers or agrees to confer any benefit upon a judge with the intent that the judge's decision, vote, recommendation or other exercise of official discretion in a judicial or administrative proceeding will thereby be influenced.

(2) Bribing a judge is a felony punishable by imprisonment for not less than five (5) years nor more than twenty (20) years and by a fine three (3) times the amount of the bribe but in no case less than Twenty-five Thousand Dollars ($25,000.00).

CREDIT(S)

Added by Laws 2008, Ch. 428, § 1, eff. July 1, 2008.

Miss. Code Ann. § 97-9-117

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-117. Bribing a juror

(1) A person commits the crime of bribing a juror if he intentionally or knowingly offers, confers or agrees to confer any benefit upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will thereby be influenced.

(2) Bribing a juror is a Class 1 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 9, eff. July 1, 2006.

Miss. Code Ann. § 97-9-119

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-119. Bribe receiving by a juror

(1) A person commits the crime of bribe receiving by a juror if he intentionally or knowingly solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, decision or other action as a juror will thereby be influenced.

(2) Bribe receiving by a juror is a Class 1 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 10, eff. July 1, 2006.

Miss. Code Ann. § 97-9-121

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-121. Intimidating a juror

(1) A person commits the crime of intimidating a juror if he intentionally or knowingly attempts, by the use of a threat, to influence a juror's vote, opinion, decision or other action as a juror.

(2) Intimidating a juror is a Class 1 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 11, eff. July 1, 2006.

Miss. Code Ann. § 97-9-123

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-123. Jury tampering

(1) A person commits the crime of jury tampering if, with intent to influence a juror's vote, opinion, decision or other action in the case, he intentionally or knowingly attempts to communicate directly or indirectly with a juror other than as part of the proceedings in the trial of the case.

(2) Jury tampering is a Class 2 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 12, eff. July 1, 2006.

Miss. Code Ann. § 97-9-125

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-125. Tampering with physical evidence

(1) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he:

(a) Intentionally destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use, verity or availability in the pending or prospective official proceeding;

(b) Knowingly makes, presents or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding; or

(c) Intentionally prevents the production of physical evidence by an act of force, intimidation or deception against any person.

(2) Tampering with physical evidence is a Class 2 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 13, eff. July 1, 2006.

Miss. Code Ann. § 97-9-127

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-127. Retaliation against a public servant or witness

(1) A person commits the offense of retaliation if he intentionally or knowingly harms or threatens to harm another by any unlawful act in retaliation for anything lawfully done in the capacity of public servant, witness, prospective witness or informant.

(2) Retaliation is a Class 2 felony.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 14, eff. July 1, 2006.

Miss. Code Ann. § 97-9-129

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 9. Offenses Affecting Administration of Justice

Article 3. Obstruction of Justice (Refs & Annos)

§ 97-9-129. Sentencing

(1) A person who has been convicted of any Class 1 felony under this article shall be sentenced to imprisonment for a term of not more than five (5) years or fined not more than Five Thousand Dollars ($5,000.00), or both.

(2) A person who has been convicted of any Class 2 felony under this article shall be sentenced to imprisonment for a term of not more than two (2) years or fined not more than Three Thousand Dollars ($3,000.00), or both.

(3) A person who has been convicted of any misdemeanor under this article shall be sentenced to confinement in the county jail for a term of not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or both.

CREDIT(S)

Added by Laws 2006, Ch. 387, § 15, eff. July 1, 2006.

Miss. Code Ann. § 97-11-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-1. Making false entries in or altering public records

If any clerk of any court, or public officer or any other person, shall wittingly make any false entry, or erase any work or letter, or change any record belonging to any court or public office, whether in his keeping or not, he shall, on conviction thereof, be imprisoned in the penitentiary for a term not exceeding ten years, and be liable to the action of the party aggrieved.

Miss. Code Ann. § 97-11-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-3. Criminal defense by attorney general or district attorneys

If the attorney general or any district attorney shall, in any manner, consult, advise, counsel, or defend, within this state, a person charged with a crime or misdemeanor or the breach of a penal statute, he shall, on conviction, be fined in a sum not exceeding five hundred dollars, be removed from office, and rendered incapable thereafter of filling any office of profit or honor in this state.

Miss. Code Ann. § 97-11-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-5, 97-11-7. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983

Miss. Code Ann. § 97-11-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-5, 97-11-7. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983

Miss. Code Ann. § 97-11-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-9. Approving official bond with insufficient sureties

If any officer shall approve any official bond, knowing or having good reason to believe the sureties to be insufficient, he shall, upon conviction, be punished by fine or imprisonment, or both, the fine not to exceed five hundred dollars, and the imprisonment not to exceed six months in the county jail.

Miss. Code Ann. § 97-11-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-11. Bribery of officer, agent, trustee or candidate

Every person who shall promise, offer or give to any officer, agent or trustee, either public or private, while holding such office, agency or trust, or after he has become a candidate or applicant for the same, any money, goods, chattels, right in action, or other property, real or personal, with intent to influence his vote, opinion, action or judgment on any question, matter, cause or proceeding which may be then pending, or may be thereafter subject to vote, opinion, action or judgment of such officer, agent or trustee, shall, on conviction, be imprisoned in the penitentiary not more than ten (10) years, or fined not more than Five Thousand Dollars ($5,000.00), or both, and shall be forever disqualified from holding any public office, trust or appointment, and shall forfeit his office, if any be held.

CREDIT(S)

Laws 1995, Ch. 463, § 1, eff. July 1, 1995.

Miss. Code Ann. § 97-11-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-13. Acceptance of bribe by officer, agent or trustee

If any officer, agent or trustee shall accept any gift, offer or promise, prohibited by Section 97-11-11, he shall, on conviction, be forever disqualified from holding any public office, trust or appointment, and shall forfeit his office, if any be held, and be imprisoned in the penitentiary not more than ten (10) years, or be fined not more than Five Thousand Dollars ($5,000.00), or both.

CREDIT(S)

Laws 1995, Ch. 463, § 2, eff. July 1, 1995.

Miss. Code Ann. § 97-11-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-15. Failing or refusing to send certificate of appeal

Any clerk of a circuit court who shall wilfully or negligently fail or refuse to send up the certificate of appeal, as provided in section 99-35-121, Mississippi Code of 1972, within the time required, shall be guilty of a misdemeanor and upon conviction therefor shall be punished by a fine of not more than two hundred dollars ($200.00), or by imprisonment in the county jail for not more than three months, or both.

Miss. Code Ann. § 97-11-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-17. Clerk's neglecting or refusing to give certified copies

If any clerk shall neglect or refuse to make out and deliver within a reasonable time to the person having demanded and paid in advance the statutory charge for a certified copy of any paper, record, judgment, decree or entry on file, which is lodged or remaining in his office, such clerk shall be guilty of a misdemeanor in office.

CREDIT(S)

Laws 1971, Ch. 487, § 1, eff. from and after passage (approved March 31, 1971).

Miss. Code Ann. § 97-11-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-19, 97-11-21. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983

Miss. Code Ann. § 97-11-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§§ 97-11-19, 97-11-21. Repealed by Laws 1983, Ch. 469, § 10, eff. July 1, 1983

Miss. Code Ann. § 97-11-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-23. Drunkenness

Any officer who shall be guilty of habitual drunkenness, or who shall be drunk while in the actual discharge of the duties of his office, or when called on to perform them, may be indicted therefor, and, upon conviction, shall be removed from office.

Miss. Code Ann. § 97-11-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-25. Embezzlement; conversion of property

If any state officer or any county officer, or an officer in any district or subdivision of a county, or an officer of any city, town or village, or a notary public, or any other person holding any public office or employment, or any executor, administrator or guardian, or any trustee of an express trust, any master or commissioner or receiver, or any attorney at law or solicitor, or any bank or collecting agent, or other person engaged in like public employment, or any other person undertaking to act for others and intrusted by them with business of any kind, or with money, shall unlawfully convert to his own use any money or other valuable thing which comes to his hands or possession by virtue of his office or employment, or shall not, when lawfully required to turn over such money or deliver such thing, immediately do so according to his legal obligation, he shall, on conviction, be committed to the department of corrections for not more than twenty (20) years, or be fined not more than five thousand dollars ($5,000.00).

CREDIT(S)

Laws 1979, Ch. 508, § 13, eff. November 15, 1979.

Miss. Code Ann. § 97-11-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-27. Embezzlement; withholding property from successor

If any officer or agent of this state, or of any county or subdivision of a county, or of any city, town, or village therein, in whose hands money, books, records, papers, or anything else required by law to be delivered by him to his successor in office or other person authorized by law to receive or have charge of the same, may be, shall wilfully and not in good faith refuse or neglect, on demand, to so deliver the same, he shall, on conviction, be imprisoned in the penitentiary not more than ten years, or be fined not more than one thousand dollars and be imprisoned in the county jail not more than one year.

Miss. Code Ann. § 97-11-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-29. Embezzlement; false entries

The state treasurer, auditor of public accounts, assessors and collectors of taxes, and all other state and county officers, and officers of cities, towns and villages, shall make and keep in their offices, subject to inspection at all times, an accurate entry of each and every sum of public money, securities, stocks, or other public money whatever, by them received, transferred, or disbursed; and if any of said officers, either municipal, county or state, or a clerk, agent or employee of such officers, shall willfully and fraudulently make any false entry therein or make any certificate or endorsement of any warrant on the treasury that the same is genuine, when the same is in fact not a genuine warrant, or shall loan any portion of the public moneys, securities, stocks, or other public property intrusted to him, for any purpose whatever, or shall, by willful act or omission of duty whatever, defraud, or attempt to defraud, the state, or any county, city, town or village, of any moneys, security, or property, he shall, on conviction thereof, be guilty of embezzlement, and fined not less than double the amount or value of the moneys, security, stock or other property so embezzled, or committed to the department of corrections for not more than ten (10) years, or both.

CREDIT(S)

Laws 1979, Ch. 508, § 14, eff. November 15, 1979.

Miss. Code Ann. § 97-11-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-31. Fraud or embezzlement committed in public office

If any officer, or other person employed in any public office, shall commit any fraud or embezzlement therein, he shall be committed to the department of corrections for not more than ten (10) years, or be fined not more than five thousand dollars ($5,000.00), or both.

CREDIT(S)

Laws 1979, Ch. 508, § 15, eff. November 15, 1979.

Miss. Code Ann. § 97-11-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-33. Collection of unauthorized fees

If any judge, justice court judge, sheriff, deputy sheriff, sheriff's employee, constable, assessor, collector, clerk, county medical examiner, county medical examiner investigator, employee of the Mississippi Department of Corrections, employee of any contractor providing incarceration services or any other officer, shall knowingly demand, take or collect, under color of his office, any money fee or reward whatever, not authorized by law, or shall demand and receive, knowingly, any fee for service not actually performed, such officer, so offending, shall be guilty of extortion, and, on conviction, shall be punished by fine not exceeding Five Thousand Dollars ($5,000.00), or imprisonment for not more than five (5) years, or both, and shall be removed from office.

CREDIT(S)

Laws 1979, Ch. 508, § 16; Laws 1986, Ch. 459, § 40; Laws 1997, Ch. 431, § 1; Laws 1997, Ch. 462, § 1, eff. July 1, 1997.

Miss. Code Ann. § 97-11-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-35. Failure to return offenders

If any judge, justice court judge, constable, member of the board of supervisors, sheriff, or other peace officer, shall wilfully neglect or refuse to return any person committing any offense against the laws, committed in his view or knowledge, or of which he has any notice, or shall wilfully absent himself when such offense is being or is about to be committed, for the purpose of avoiding a knowledge of the same, he shall, on conviction, be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and may, in the discretion of the court, be removed from office.

CREDIT(S)

Laws 1986, Ch. 459, § 41, eff. July 1, 1986.

Miss. Code Ann. § 97-11-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-37. Failing, neglecting or refusing to perform duty

If any person, being sheriff, clerk of any court, constable, assessor, or collector of taxes, or holding any county office whatever, or mayor, marshal, or constable, or any other officer of any city, town, or village, shall knowingly or wilfully fail, neglect, or refuse to perform any of the duties required of him by law, or shall fail or refuse to keep any record required to be kept by law, or shall secrete the same, or shall violate his duty in any respect, he shall, on conviction thereof, be fined not exceeding One Thousand Dollars ($1,000.00), or be imprisoned in the county jail not exceeding six (6) months, or both.

CREDIT(S)

Laws 1986, Ch. 459, § 42, eff. July 1, 1986.

Miss. Code Ann. § 97-11-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-39. Offer to resign to evade lawful order of superior officer

Any officer who shall offer to resign in order to evade obedience to a lawful order of his superior officer, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not to exceed one hundred dollars or by imprisonment in the county jail not to exceed sixty days, or by both such fine and imprisonment, at the discretion of the court and in addition thereto, if the conviction be by a military court, he may be dismissed from the service of the state or suffer such punishment as the court martial may decide.

Miss. Code Ann. § 97-11-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-41. Performance of duties before oath

If any person elected to any office shall undertake to exercise the same or discharge the duties thereof without first having taken the oath of office or given bond as required by law, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than five hundred dollars, or imprisoned in the county jail not longer than one year, or both.

Miss. Code Ann. § 97-11-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-43. Officials to pay standard railroad fares

If any officer, state, county, district, or municipal, except the Public Service Commissioners when in the actual discharge of official duties, shall travel or ride upon any railroad without paying absolutely and without any guile, trick, subterfuge, or evasion whatsoever, the same fare required of passengers generally, or if any railroad company, or officer or employee of any railroad company, shall permit any such state, county, district, or municipal officer, except Public Service Commissioners when in the actual discharge of official duties, to so travel or ride, he or it shall be guilty of a misdemeanor, and shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than ten days nor more than sixty days, or both.

Miss. Code Ann. § 97-11-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-45. Maintenance of duplicate tax receipts by tax collector

Any tax collector who shall fail to fill up, in case of the payment of taxes to him, the duplicate tax receipt required by law to be filled up by him, or to preserve the book of duplicate receipts filled, or to submit such book or books to the board of supervisors when required, or to deliver such book or books to the clerk of the chancery court shall, upon conviction, be removed from office, and be fined not less than one thousand dollars, and be imprisoned in the county jail not less than six months; and any clerk who shall refuse to receive or receipt for such book or books when delivered or tendered to him, or to preserve the same as a record of his office, shall be fined not more than three hundred dollars, and imprisoned in the county jail not exceeding three months.

Miss. Code Ann. § 97-11-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-47. Failure to settle, by tax collector

Any tax collector who shall wilfully fail or refuse for ten days after the time appointed by law for any monthly payment or final settlement, to make the same, shall be guilty of a misdemeanor, and, on conviction, he shall be removed from office and fined not exceeding one thousand dollars.

Miss. Code Ann. § 97-11-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-49. Collection of privilege tax without issuing auditor's license

If any tax collector, or deputy or agent of any tax collector, shall collect any privilege tax without issuing to the party from whom the tax is collected the auditor's license therefor as provided for by law, he shall, on conviction, be fined not less than double the amount of the tax, and be imprisoned in the county jail not less than one (1) week; and if the failure be wilful, he shall be removed from office.

CREDIT(S)

Laws 1968, Ch. 361, § 2, eff. January 1, 1972.

Miss. Code Ann. § 97-11-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-51. Trustee or other authority not to incur deficit; emergency exception

It shall be unlawful for the board of trustees or other authority of any state-owned institution maintained in whole or in part by the state, or any state department, having charge of the disbursement or expenditure of the income provided by legislative appropriation and otherwise for such institution or department to expend, contract for the expenditure, or permit the incurring of any liability in excess of the income so provided, and it shall be and is hereby made the duty of any and all such authorities to keep the expenditures and obligations within the amount of said income, but in cases of extreme emergency arising from acts of Providence, epidemics, fire, storm, or flood, said authorities may, upon the written consent of a majority of the members of the state senate, and a majority of the members of the house of representatives and the approval of the governor, exceed such appropriation by the amounts to be so stipulated and agreed upon.

Any authority or member of a board of trustees violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars or imprisoned in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment, and in addition thereto shall be personally liable, and liable on his bond, for the amount of the excess thus unlawfully expended, and shall be removed from office or from such employment.

CREDIT(S)

Laws 1932, Ch. 134, §§ 1, 2, eff. from and after passage (approved April 2, 1932).

Miss. Code Ann. § 97-11-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 11. Offenses Involving Public Officials

§ 97-11-53. Influence of public officials; offering or receiving things of value

As used in this section the following words shall have the following meaning:

(1) Person: individual, firm, corporation, association, partnership or other legal entity.

(2) Public official:

(a) Any elected official of the State of Mississippi or of any political subdivision thereof, or

(b) Any officer, director, commissioner, supervisor, chief, head, agent or employee of:

(i) The State of Mississippi,

(ii) Any agency of the State of Mississippi,

(iii) Any political subdivision of the State of Mississippi,

(iv) Any body politic of the State of Mississippi, or

(v) Any entity created by or under the laws of the State of Mississippi or by executive order of the Governor of the State of Mississippi and which expends public funds.

No person shall directly or indirectly offer, promise, give or agree to give to any public official or his spouse any money, property, or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.

Any person who violates the terms of this section shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary not more than ten (10) years, or be fined not more than five thousand dollars ($5,000.00), or both; and in addition such person and the firm, corporation, partnership, association or other type of business entity which he represents shall be barred for a period of five (5) years from the date of conviction from doing business with the State of Mississippi or any political subdivision thereof or any other public entity referred to in this section.

No public official shall directly or indirectly accept, receive, offer to receive or agree to receive any gift, offer, or promise of any money, property or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection 2-b of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.

Any public official who violates the terms of this section or whose spouse does so with his knowledge and consent, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary not more than ten (10) years, or be fined not more than five thousand dollars ($5,000.00), or both; and in addition, upon conviction such public official shall forfeit his office, if any he hold, and be forever disqualified from holding any public office, trust, appointment or employment with the State of Mississippi or any political subdivision thereof or with any other public entity referred to in this section.

Each violation of the provisions of this section shall constitute a separate offense.

CREDIT(S)

Laws 1974, Ch. 541, § 2, eff. from and after passage (approved April 12, 1974).

Miss. Code Ann. T. 97, Ch. 13, Refs & Annos

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes

Miss. Code Ann. § 97-13-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-1. Influencing voting or election activities

If any elector, manager, clerk or canvasser at any election, or any executive officer attending the same, shall receive any gift, reward, or promise thereof or if any person shall offer such gift, reward, or promise thereof to influence any elector, clerk, canvasser, or any executive officer attending any election in his vote, opinion, action, or judgment in relation to such election, the person so offending shall, on conviction, be imprisoned in the penitentiary not more than two years or in a county jail not more than one year, or be fined one thousand dollars, or both.

Miss. Code Ann. § 97-13-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-3. Offering or giving reward to canvasser to procure votes

If any person shall offer or give a reward to another for the purpose of inducing him, by any unlawful means not amounting to bribery, to procure any person to vote at any election for or against any person, the person so giving or offering such reward shall, upon conviction thereof, be imprisoned in the county jail not more than one year, or fined not more than five hundred dollars, or both.

Miss. Code Ann. § 97-13-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-5. Unlocked ballot boxes; reading ballots

Any such manager who shall proceed to any election without having the ballot-box locked and secured in the manner directed by law, or who shall open and read or consent to any other person opening and reading any ballot given him to be deposited in the box at such election, before it is put into the box, shall, upon conviction, be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding three hundred dollars, or both.

Miss. Code Ann. § 97-13-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-7. Unauthorized disposal of ballot box

Any manager of a general or special election who, before the votes are counted, shall dispose of or deposit the ballot-box in a manner not authorized by law, or shall, at any time after the election has begun and before the ballots are counted, give the key of the ballot-box with which he is intrusted to any other, shall, upon conviction, be punished by imprisonment in the county jail not exceeding three months, or by fine not exceeding three hundred dollars, or both.

Miss. Code Ann. § 97-13-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-9. False entries, false ballots

If any manager or clerk of any general or special election shall knowingly make or consent to any false entry on the list of persons voting, or shall permit to be put in the ballot-box any ballot not given by a voter, or shall take out of such box, or permit to be so taken out, any ballot deposited therein except in the manner prescribed by law, or shall, by any other act or omission, designedly destroy or change the ballots given by the electors, he shall, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding five years.

Miss. Code Ann. § 97-13-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-11. Repealed by Laws 1988, Ch. 309, § 1, eff. December 9, 1988

Miss. Code Ann. § 97-13-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-13. Removal of ballots before closing of polls

If any person shall take or remove any ballot from a voting place before the close of the polls, he shall, on conviction, be fined not less than twenty-five dollars nor more than one hundred and fifty dollars, or be imprisoned in the county jail not less than ten days nor more than ninety days, or both.

Miss. Code Ann. § 97-13-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-15. Prohibited political contributions by corporations

It shall be unlawful for any corporation, incorporated company or incorporated association, by whatever name it may be known, incorporated or organized under the laws of this state, or doing business in this state, or for any servant, agent, employee or officer thereof, to give, donate, appropriate or furnish directly or indirectly, any money, security, funds or property of said corporation, incorporated company or incorporated association, in excess of One Thousand Dollars ($1,000.00) per calendar year for the purpose of aiding any political party or any candidate for any public office, or any candidate for any nomination for any public office of any political party, or to give, donate, appropriate or furnish, directly or indirectly, any money, security, funds or property of said corporation, incorporated company or association in excess of One Thousand Dollars ($1,000.00) to any committee or person as a contribution to the expense of any political party or any candidate, representative or committee of any political party or candidate for nomination by any political party, or any committee or other person acting in behalf of such candidate. The limit of One Thousand Dollars ($1,000.00) for contributions to political parties, candidates and committees or other persons acting in behalf of such candidates shall be an annual limitation applicable to each calendar year.

CREDIT(S)

Laws 1978, Ch. 479, § 5, eff. from and after passage (approved April 14, 1978). Amended by Laws 1999, Ch. 301, § 19, eff. January 15, 1999.

Miss. Code Ann. § 97-13-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-17. Penalty for illegal corporate contributions

Any corporation, incorporated company or incorporated association, or agent, officer or employee violating any of the provisions of section 97-13-15 shall, upon conviction, be fined not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00).

CREDIT(S)

Laws 1978, Ch. 479, § 6, eff. from and after passage (approved April 14, 1978).

Miss. Code Ann. § 97-13-18

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-18. Foreign national contributions for elections prohibited

(1) It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office.

(2) No person shall solicit, accept or receive any such contribution from a foreign national.

(3) The term foreign national means:

(a) A foreign principal as defined in 22 USCS 611(b), except that the term “foreign national” does not include any individual who is a citizen of the United States; or

(b) An individual who is not a citizen of the United States and who is not lawfully admitted for permanent residence.

CREDIT(S)

Added by Laws 1999, Ch. 301, § 20, eff. January 15, 1999.

Miss. Code Ann. § 97-13-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-19. Voting fraud or neglect, generally

If any manager, clerk, or any other officer whatever, assisting or engaged in conducting any election, or charged with any duty in reference to any election, shall designedly omit to do any official act required by law, or designedly do any illegal act in relation to any general or special election, by which act or omission the votes taken at any such election in any district shall be lost, or the electors thereof shall be deprived of their suffrage at such election, or shall designedly do any act which shall render such election void, or shall be guilty of any corrupt conduct or partiality in his official capacity at such election, he shall, upon conviction, be imprisoned, in the penitentiary for a term not exceeding two years.

Miss. Code Ann. § 97-13-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-21. Disturbance of elections

If any person shall unlawfully disturb any election for any public office, such person shall be liable to indictment, and, on conviction, may be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or both.

Miss. Code Ann. § 97-13-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-23. Return of votes cast

If any manager or returning officer shall fail or refuse to make return of the votes cast in any election, as required of him, he shall, on conviction, be imprisoned in the penitentiary not exceeding five years.

Miss. Code Ann. § 97-13-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-25. False registration as elector

Any person who shall knowingly procure his registration as a qualified elector, when he is not entitled to be registered as such, or under a false name, or as a qualified elector in any other election district than that in which he resides, shall, on conviction, be imprisoned in the penitentiary for a term not to exceed ten years.

Miss. Code Ann. § 97-13-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-27. Misconduct by registrar

If any registrar appointed by law to register votes shall intentionally refuse or neglect to register any voter entitled to registration, or register any voter not entitled to registration, he shall be punished, on conviction, by imprisonment in the penitentiary not less than one year nor more than three years.

Miss. Code Ann. § 97-13-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-29. Armed troops near election site

It shall not be lawful for any military officer or other persons to order, bring, or keep any troops of armed men at any place within a mile of the place where any general or special election is held, unless it be for the purpose of quelling a riot or insurrection, in the manner provided by law, or for the purpose of defense in time of war; and whoever shall violate the provisions of this section shall, on conviction, be punished by imprisonment in the county jail not exceeding one year, or by fine not less than five hundred dollars, or both; and if the offense shall be committed with intent to influence such election, the person convicted thereof shall be punished by imprisonment in the penitentiary for a term not exceeding two years.

Miss. Code Ann. § 97-13-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-31. Assisting or influencing preparation of ballots

If any election officer or other person, except as authorized by law, shall aid or assist, or influence, a voter in preparing a ballot, or shall attempt so to do, he shall, on conviction, be fined not less than ten dollars nor more than two hundred dollars.

Miss. Code Ann. § 97-13-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-33. Failure to honestly consider voter qualifications; permitting unqualified persons to vote

When any one who offers to vote at an election shall be objected to by any challenger as a person unqualified to vote, if the manager of such election shall permit him to vote without honestly considering his qualifications, or if any manager shall refuse the vote of such person without honestly considering his qualifications, or if any manager shall knowingly permit an unqualified person to vote, or shall knowingly refuse the vote of a qualified person, he shall, upon conviction, be punished by imprisonment in the county jail not exceeding three months, or by fine not exceeding two hundred dollars, or both.

Miss. Code Ann. § 97-13-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-35. Illegal voting behavior

Any person who shall vote at any election, not being legally qualified, or who shall vote in more than one county, or at more than one place in any county or in any city, town, or village entitled to separate representation, or who shall vote out of the district of his legal domicile, or who shall vote or attempt to vote in the primary election of one party when he shall have voted on the same date in the primary election of another party, shall be guilty of a misdemeanor, and, on conviction, shall be fined not exceeding two hundred dollars, or be imprisoned in the county jail not more than six months, or both.

CREDIT(S)

Laws 1964, Ch. 348, § 1, eff. from and after passage (approved May 22, 1964).

Miss. Code Ann. § 97-13-36

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-36. Multiple voting

Any person who shall knowingly vote at any election in more than one (1) county or at more than one (1) place in any county, municipality or other political subdivision with the intent to have more than one (1) vote counted in any election shall be guilty of the crime of multiple voting and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years.

CREDIT(S)

Added by Laws 2002, Ch. 590, § 2, eff. July 22, 2002.

Miss. Code Ann. § 97-13-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-37. Procurement of votes by intimidation

Whoever shall procure, or endeavor to procure, the vote of any elector, or the influence of any person over other electors, at any election, for himself or any candidate, by means of violence, threats of violence, or threats of withdrawing custom, or dealing in business or trade, or of enforcing the payment of a debt, or of bringing a suit or criminal prosecution, or by any other threat or injury to be inflicted by him, or by his means, shall, upon conviction, be punished by imprisonment in the county jail not more than one year, or by fine not exceeding one thousand dollars, or by both.

Miss. Code Ann. § 97-13-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 13. Election Crimes (Refs & Annos)

§ 97-13-39. Prevention of voting by intimidation

If any person shall, by illegal force, or threats of force, prevent, or endeavor to prevent, any elector from giving his vote, he shall, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding two years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or both.

Miss. Code Ann. § 97-15-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-1. Destruction of signs, posts or boards

(1) Any person who shall willfully destroy, deface, mar, damage, pull down or remove any milepost, signboard, or index board, or road number, or railroad crossing sign or flasher signal, or other traffic control device shall, on conviction thereof, be liable for the actual cost of replacing or repairing such sign and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device.

(2) The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass.

CREDIT(S)

Laws 1977, Ch. 323, § 2; Laws 1993, Ch. 483, § 2, eff. July 1, 1993.

Miss. Code Ann. § 97-15-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-3. Bribery of highway commission employees

Whoever being a member of the state highway commission, or any engineer, agent, or other employee, acting for or on behalf of the commission, shall accept, or agree to accept, receive or agree to receive, ask or solicit, either directly or indirectly, and any person who shall give or offer to give, or promise or procure to be promised, offered or given, either directly or indirectly to any member of said commission, or to any engineer, agent, or other employee acting for and on behalf of the commission, any monies, or any contract, promise, undertaking, obligation, gratuity or security for the payment of money, or for the delivery or conveyance of anything of value or of any political appointment or influence, present, or reward of any employment or any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending, or which may by law be brought before him in his official capacity or in his place of trust or profit, influence thereby, shall be deemed guilty of a felony, and upon conviction, shall be imprisoned in the penitentiary not less than one nor more than five years, and shall forever after be disqualified from holding any office of trust or profit under the constitution or laws of this state.

CREDIT(S)

Laws 1930, Ch. 47, § 1; Laws 1948, Ch. 332, § 26, eff. from and after passage (approved April 14, 1948).

Miss. Code Ann. § 97-15-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-5. Conspiracy to violate contracts with intent to injure or defraud state

Any member of the state highway commission or any person employed by the state highway commission, in connection with the carrying on of the work outlined in Title 65, Mississippi Code of 1972, who shall knowingly perform any act with intent to injure the state, or any contractor or his agent, or employee, or any other person, who shall conspire with the director or with any member of the state highway commission, or employee thereof or with any state official, to permit a violation of any contract with intent to injure or defraud the state, or any contractor or agent, or employee of any contractor who shall knowingly do any work on any state highway in violation of contract, and with intent to defraud the state, the member of the state highway commission, or employee thereof, state official or contractor, or employee or agent of such contractor, or any other person so conspiring or so doing, shall be guilty of a felony, and, upon conviction thereof shall be confined in the state penitentiary not less than one year, nor more than five years, or be fined not less than one thousand dollars ($1,000.00) and not more than five thousand dollars ($5,000.00) or both. In addition, any such person shall be liable to the state highway commission for double the amount the state may have lost by reason thereof, such liability to be covered by any bond that may have been executed by such official, contractor, or employee, the liability hereunder of the bondsmen, however, being limited to the total amount of said bond and not more.

CREDIT(S)

Laws 1930, Ch. 47, § 26; Laws 1948, Ch. 332, § 25, eff. from and after passage (approved April 14, 1948).

Miss. Code Ann. § 97-15-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§§ 97-15-7, 97-15-9. Repealed by Laws 1990, Ch. 306, § 1, eff. May 4, 1990

Miss. Code Ann. § 97-15-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§§ 97-15-7, 97-15-9. Repealed by Laws 1990, Ch. 306, § 1, eff. May 4, 1990

Miss. Code Ann. § 97-15-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-11. Collusion to inflate state highway work costs

It shall be unlawful for any contractors, material dealers, individuals, manufacturers, producers, or corporations, to enter into collusion, private agreement, or secret understanding, to raise the price of construction work or of equipment, supplies or materials for any state highway work. Any contractor, material dealer, manufacturer, producer or their agent or employee, or officer, agent or employee of any corporation, convicted of this offense shall be punishable by a fine of not to exceed five thousand dollars ($5,000.00) or by imprisonment not exceeding twelve months, or by both such fine and imprisonment, in the discretion of the court.

CREDIT(S)

Laws 1930, Ch. 47, § 28; Laws 1948, Ch. 332, § 27, eff. from and after passage (approved April 14, 1948).

Miss. Code Ann. § 97-15-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-13. Hunting or shooting firearms on streets or highways

(1)(a) The provisions of this subsection shall only be applicable during the calendar days included in the open seasons on deer and turkey.

(b) It shall be unlawful for any person to hunt, if such person is in the possession of a firearm that is not unloaded on any street, public road, public highway, levee, or any railroad which is maintained by any railroad corporation, city, county, levee board, state or federal entity or the right-of-way of any such street, road, highway, levee or railroad.

(c) The provisions of this subsection shall not apply to any person engaged in a lawful action to protect his property or livestock.

(2) For purposes of this section, the following terms shall have the meanings ascribed to them herein:

(a) “Right-of-way” means that part of a street, public road, public highway, levee or railroad maintained by a city, county, levee board, state or federal entity or railroad corporation and including that portion up to the adjacent property line or fence line.

(b) “Motorized vehicle” means any vehicle powered by any type of motor, including automobiles, farm vehicles, trucks, construction vehicles and all-terrain vehicles.

(d) “Hunt” or “hunting” means to hunt or chase or to shoot at or kill or to pursue with the intent to take, kill or wound any wild animal or wild bird with a firearm as defined in this subsection.

(e) “Unloaded” means that a cartridge or shell is not positioned in the barrel or magazine of the firearm or in a clip, magazine or retainer attached to the firearm; or in the case of a caplock muzzle-loading firearm, “unloaded” means that the cap has been removed; or in the case of a flintlock muzzle-loading firearm, “unloaded” means that all powder has been removed from the flashpan.

(3) If any person hunts or discharges any firearm in, on or across any street, public road, public highway, levee, railroad or the right-of-way thereof, such person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not less than sixty (60) days nor more than six (6) months, or by both such fine and imprisonment. This subsection shall not apply to any law enforcement officer while in the performance of his official duty or to any person engaged in a lawful action of self-defense.

(4) If any person shall willfully shoot any firearms or hurl any missile at any street, highway or railroad traffic light; street, highway or railroad marker or other sign for the regulation or designation of street, highway or railroad travel such person, upon conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not longer than thirty (30) days in the county jail, or both.

(5) It shall be the duty of all sheriffs, deputy sheriffs, constables, conservation officers and peace officers of this state to enforce the provisions of this section.

(6) If any subsection, paragraph, sentence, clause, phrase or any part of this section is hereafter declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining subsections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.

CREDIT(S)

Laws 1964, Ch. 349, § 1; Laws 1971, Ch. 443, § 1; Laws 1974, Ch. 569, § 23; Laws 1982, Ch. 454, § 1; Laws 1985, Ch. 452, § 17; Laws 1990, Ch. 528, § 1, eff. July 1, 1990. Amended by Laws 2008, Ch. 386, § 1, eff. July 1, 2008; Laws 2012, Ch. 341, § 1, eff. July 1, 2012.

Miss. Code Ann. § 97-15-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-15. Charging excessive tolls

Any keeper of any public ferry, toll-bridge, or causeway, who shall demand or receive from any person any rate of toll not allowed by the order of the board of supervisors of the county in which the same may be kept, shall, for each offense, on conviction thereof, be fined not more than fifty dollars.

Miss. Code Ann. § 97-15-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-17. Permitting bridge to fall into disrepair; failure to give bond

If any owner or keeper of a public ferry, toll-bridge, or causeway, shall fail to give bond as required by law, or shall suffer said ferry, bridge, or causeway, or any part or appurtenance thereof, to be out of good repair for more than five days at any one time, such owner or keeper, or both, shall, on conviction thereof, be fined not more than fifty dollars.

Miss. Code Ann. § 97-15-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-19. Unreasonable detention of travelers

If any person shall be unreasonably detained, at any time, at any public ferry, toll-bridge, or causeway, by the carelessness, negligence, or wilfulness of the owner or keeper thereof, such owner or keeper, upon conviction, shall be fined not more than fifty dollars.

Miss. Code Ann. § 97-15-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-21. Damage to levee enclosures

If any person shall willfully cut, break down, remove, destroy or damage any cattle gap or any fence or part thereof erected by any board of levee commissioners or the agents or employees of said board of levee commissioners for the purpose of enclosing any levee right-of-way under the control of said board of levee commissioners or who shall break down, remove or destroy any gate in any such fence, or shall willfully leave unclosed and open any such gate after having opened same, or make said levee or said levee right-of-way a place of deposit or storage for any woodpiles or refuse, garbage or dead animals or any cotton, lumber, bricks or any other commodities, or who shall willfully do any material damage injurious to said levee, such person or persons shall be guilty of a misdemeanor and, on conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense. In addition to the penalties herein provided for, if any levee board is required to remove any such forbidden objects herein described, the owner or owners of such forbidden objects shall be liable in damages to the levee board for the cost of removing such objects, which damages may be recovered in a court action brought for that purpose; and the said levee board shall have a right of action against any person for any other damage sustained to the levee or levee right-of-way by reason of a violation of this section.

CREDIT(S)

Laws 1948, Ch. 357, § 1; Laws 1968, Ch. 353, § 1, eff. from and after passage (approved May 1, 1968). Amended by Laws 1999, Ch. 433, § 1, eff. July 1, 1999; Laws 2008, Ch. 386, § 2, eff. July 1, 2008.

Miss. Code Ann. § 97-15-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-23. Disfiguring levees

If any person or persons shall willfully cut into, mutilate or disfigure any levee or excavate dirt or sand from the right-of-way owned by any board of levee commissioners or any part thereof, or trespass upon said levee in violation of posted regulations, without being authorized to do so by the said board of levee commissioners, such person or persons shall be guilty of a misdemeanor, and on conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each offense, or shall be confined in the county jail for a term not exceeding thirty (30) days, or by both such fine and imprisonment in the discretion of the court.

CREDIT(S)

Laws 1979, Ch. 395, § 1, eff. July 1, 1979. Amended by Laws 1999, Ch. 433, § 2, eff. July 1, 1999; Laws 2008, Ch. 386, § 3, eff. July 1, 2008.

Miss. Code Ann. § 97-15-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-25. Destruction of levees

If any person shall wilfully or maliciously cut, break, injure, or destroy any levee constructed by authority of law, he shall, on conviction, be imprisoned in the penitentiary not more than five years.

Miss. Code Ann. § 97-15-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-27. Hunting or target practice on levees

If any person shall hunt or engage in target practice upon any levee structure erected by any board of levee commissioners, the entire landside right-of-way of said levee structure or the riverside right-of-way of said levee structure within a distance of two hundred (200) feet from the toe of said levee structure, such person or persons shall be guilty of a misdemeanor and, on conviction, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense.

CREDIT(S)

Laws 1968, Ch. 353, § 2, eff. from and after passage (approved May 1, 1968). Amended by Laws 1999, Ch. 433, § 3, eff. July 1, 1999; Laws 2008, Ch. 386, § 4, eff. July 1, 2008.

Miss. Code Ann. § 97-15-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-29. Littering with substance likely to ignite grass; fines and penalties

(1) Anyone who shall put, throw, dump or leave on the roads and highways of this state, or within the limits of the rights-of-way of such roads and highways, or upon any private property, any cigarette or cigar stubs, or any other thing or substance likely to ignite the grass or underbrush on a road or highway, in addition to being civilly liable for all damages caused by such act shall, upon conviction, be guilty of a misdemeanor and punished as provided by subsection (3) of this section.

(2) The Department of Transportation is authorized to erect warning signs along the roads and highways of this state advising the public of the existence of this section and of the penalty for the violation thereof and is further authorized to install receptacles at reasonable intervals along the roads and highways of this state to be used as containers for trash and rubbish and for the convenience of the public using such roads and highways.

(3) Any person found guilty of the violation of this section shall, upon conviction, be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00). The proceeds of such fines shall be expended by the collecting jurisdiction solely for the purpose of funding local litter prevention programs or projects or local or school litter education programs as recommended by the statewide litter prevention program of Keep Mississippi Beautiful, Inc.

(4) As a part of the fine imposed by subsection (3) above, a person convicted for an offense upon which fines are imposed by this section may be required to perform the following, and a person convicted for a second or subsequent offense upon which fines are imposed by this section shall be required to:

(a) Remove or render harmless, in accordance with written direction, as appropriate, from the Department of Environmental Quality or local law enforcement authorities, the unlawfully discarded solid waste;

(b) Repair or restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded solid waste;

(c) Perform community public service relating to the removal of any unlawfully discarded solid waste or to the restoration of any area polluted by unlawfully discarded solid waste; and

(d) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.

(5) Upon a second or subsequent conviction of an offense upon which fines are imposed by this section, the minimum and maximum fines shall be doubled.

(6) When any litter is thrown or discarded from a motor vehicle, the operator of the motor vehicle shall be deemed in violation of this section.

(7) There shall be imposed and collected an assessment of Fifty Dollars ($50.00) on each violation of this section. The assessment shall be deposited into the Law Enforcement Officers Monument Fund created in Section 39-5-71. After the monument is constructed, the assessment shall not be deposited into the fund. The assessment shall then be deposited with the Board of Trustees of State Institutions of Higher Learning to be used for the scholarship program for children of deceased or disabled law enforcement officers and firemen as provided by Sections 37-107-1 through 37-107-9.

(8) It shall be the duty of all law enforcement officers to enforce the provisions of this section.

(9) This section shall not prohibit the storage of ties and machinery by a railroad on its right-of-way where the highway right-of-way extends to within a few feet of the railroad roadbed.

CREDIT(S)

Laws 1956, Ch. 243, § 1; Laws 1958, Ch. 238, §§ 1 to 8; Laws 1964, Ch. 350, §§ 1, 2; Laws 1973, Ch. 351, § 1; Laws 1988, Ch. 574, § 3; Laws 1990, Ch. 329, § 13; Laws 1991, Ch. 531, § 24; Laws 1994, Ch. 543, § 3; Laws 1995, Ch. 500, § 1, eff. July 1, 1995. Amended by Laws 2000, Ch. 421, § 1, eff. July 1, 2000; Laws 2007, Ch. 509, § 1, eff. July 1, 2007; Laws 2012, Ch. 554, § 7, eff. July 1, 2012.

Miss. Code Ann. § 97-15-30

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-30. Solid waste disposal

(1) For purposes of this section the term “commercial purpose” means for the purpose of economic gain.

(2)(a) Except as authorized by law or permit, it is unlawful for any person to throw, scatter, spill or place, or cause to be thrown, scattered, spilled, or placed, or otherwise disposed of, any solid waste in any of the following manners or amounts:

(i) In or on any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any solid waste is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section;

(ii) In or on any waters of the state. When any solid waste is thrown or discarded from a vessel, the operator or owner of the boat, or both, shall be deemed in violation of this section; or

(iii) In or on any private property, unless prior written consent of the owner has been given and the solid waste will not cause a public nuisance or be in violation of any other state or local law, rule or regulation;

(iv) Raw human waste from any train, aircraft, motor vehicle or vessel upon the public or private lands or waters of the state.

(b) Nothing in this section shall prohibit acts authorized pursuant to Section 17-17-13.

(3)(a) Any person who violates this section in an amount not exceeding fifteen (15) pounds in weight or twenty-seven (27) cubic feet in volume and not for commercial purposes is guilty of littering and subject to a fine as provided in Section 97-15-29.

(b) Any person who violates this section in an amount exceeding fifteen (15) pounds or twenty-seven (27) cubic feet in volume, but not exceeding five hundred (500) pounds in weight or one hundred (100) cubic feet in volume and not for commercial purposes is guilty of a misdemeanor and subject to a fine of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), or to imprisonment for a term of not more than one (1) year, or both.

(c) Any person who violates this section in an amount exceeding five hundred (500) pounds in weight or one hundred (100) cubic feet in volume, or in any amount or volume of solid waste for commercial purposes, or in any amount or volume of hazardous waste is guilty of a felony and subject to a fine of not less than Five Hundred Dollars ($500.00), nor more than Fifty Thousand Dollars ($50,000.00) or to imprisonment for a term of not more than five (5) years, or both. For purposes of the fine, each day shall constitute a separate violation.

(d) In addition to any other fines, penalties or injunctive relief prescribed by law, a person convicted under subsections (3)(b) or (3)(c) of this section shall:

(i) Remove or render harmless, in accordance with written direction from the Department of Environmental Quality, the unlawfully discarded solid waste;

(ii) Repair or restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded solid waste;

(iii) Perform community public service relating to the removal of any unlawfully discarded solid waste or to the restoration of an area polluted by unlawfully discarded solid waste; and

(iv) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.

(e) If a conviction under subsection (3) of this section is for a violation committed after a first conviction of that person under this section, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment.

(4) A court may enjoin a violation of subsection (2) of this section.

(5) Any motor vehicle, vessel, aircraft, container, crane, winch, or machine used in a felony violation of this section may be seized with process or without process if a law enforcement officer has probable cause to believe that the property was used in violation of that section. The seized property shall be subject to an administrative and/or judicial forfeiture by the same standards and procedures provided under Sections 41-29-176 through 41-29-185.

(6) In the criminal trial of any person charged with violating subsection (2) of this section, the defendant must affirmatively show that he had authority to discard the solid waste.

(7) Any person who conspires to commit a violation of this section shall be punished in accordance with the underlying offense set forth in this section.

(8) It shall be the duty of all law enforcement officers to enforce the provisions of this chapter.

(9) All prosecutions for felony violations of this section shall be instituted only by the Attorney General, his designee, the district attorney of the district in which the violation occurred or his designee and shall be conducted in the name of the people of the State of Mississippi. In the prosecution of any criminal proceeding under this section by the Attorney General, or his designee, and in any proceeding before a grand jury in connection therewith, the Attorney General or his designee shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized or required to exercise or perform. The Attorney General shall have the authority to issue and serve subpoenas for any felony violation in the same manner as prescribed under Section 7-5-59.

(10) Jurisdiction for all felony violations shall be in the circuit court of the county in which the violation occurred.

(11) Nothing in this section shall limit the authority of the department to enforce the provisions of the Solid Waste Disposal Law or shall limit the authority of any state or local agency to enforce any other laws, rules or ordinances.

(12) The Department of Transportation may erect warning signs along the roads and highways of this state advising the public of the existence of these sections and of the penalty for the violation thereof.

(13) This section shall not prohibit the storage of ties poles, other materials and machinery by a railroad or a public utility on its right-of-way. This section does not apply to any vehicle transporting agricultural products or supplies when the solid waste from that vehicle is a nontoxic, biodegradable agricultural product or supply.

(14) The Attorney General may pay an award, not to exceed Ten Thousand Dollars ($10,000.00) to any person who furnishes information or services that lead to a felony criminal conviction for any violation of this section. The payment shall be subject to available appropriations for those purposes as provided in annual appropriation acts. Any officer or employee of the United States or any state or local government who furnishes information or renders service in the performance of an official duty is ineligible for payment under this subsection.

CREDIT(S)

Laws 1994, Ch. 543, § 1, eff. July 1, 1994.

Miss. Code Ann. § 97-15-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-31. Littering; damaging objects

It shall be unlawful for any person, or corporation acting through any employee or agent, to knowingly or wilfully or carelessly place glass, nails, tacks, or other objects which may damage the property of another, in any public street, highway, alley-way, or sidewalk. If said person or corporation shall not immediately gather up and remove same, he or it shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five dollars nor more than one hundred dollars for each offense, and in addition shall be liable to any person injured thereby, or injury to his property, for two times the amount of actual damage sustained.

Miss. Code Ann. § 97-15-32

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-32. Dumping dead wildlife on roads or private property; penalties

(1) Anyone who puts, throws or dumps on the streets, roads or highways within this state, or within the limits of the rights-of-way of such streets, roads or highways, or in the lakes, streams, rivers or navigable waters or upon any private property without permission of the owner of such property, any dead wildlife, wildlife parts or waste, in addition to being civilly liable for all damages caused by such act, upon conviction, shall be guilty of a misdemeanor and punished as provided in this section.

(2) Any person found guilty of the violation of this section shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) nor more than Four Hundred Dollars ($400.00).

(3) A person convicted for a first offense under this section may be required to perform the following, and a person convicted for a second or subsequent offense shall be required to:

(a) Remove the unlawfully discarded dead wildlife or waste;

(b) Restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded dead wildlife or waste;

(c) Perform community public service relating to the removal of any unlawfully discarded dead wildlife or waste or to the restoration of any area polluted by unlawfully discarded dead wildlife or waste; and

(d) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial agency or agencies.

(4) It shall be the duty of all law enforcement officers to enforce the provisions of this section.

CREDIT(S)

Added by Laws 2007, Ch. 509, § 2, eff. July 1, 2007.

Miss. Code Ann. § 97-15-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-33. Obstruction or destruction of bridges or ferries

If any person shall wilfully obstruct, break, injure, or destroy any bridge, causeway, or ferry, or any appurtenances thereof which shall have been established for the convenience of the public by the proper authority, he shall, on conviction, be fined not more than one hundred dollars, and shall be liable, further, for all damages occasioned by such wrongful act.

Miss. Code Ann. § 97-15-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-35. Obstruction or destruction of plank-roads

If any person shall wantonly or negligently obstruct or injure any plank-road, or any covered road, or other roads, on conviction thereof, he shall be fined not more than five hundred dollars, or imprisoned not longer than six months in the county jail, or both.

Miss. Code Ann. § 97-15-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-37. Obstruction of public highways

If any person shall fell any bush or tree into any public highway, or obstruct the same in any manner whatever, and shall not remove the obstruction immediately, it shall be deemed a misdemeanor, and, on conviction thereof the offender, in addition to the penalty recoverable by law, shall be fined not more than fifty dollars or be imprisoned not more than one week.

Miss. Code Ann. § 97-15-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-39. Obstruction of streams or canals

If any person shall fell any bush or tree into a stream or canal not less than one hundred and fifty (150) feet wide, or obstruct the same in any way whatever, and shall not remove the obstruction immediately, it shall be deemed a misdemeanor, and, on conviction thereof, the offender, in addition to the penalty recoverable by law, shall be fined not more than fifty dollars or be imprisoned not more than one week.

Miss. Code Ann. § 97-15-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-41. Obstruction of running streams

It shall be unlawful and a misdemeanor for any person, firm, corporation, association or organization to push, fell or cut trees, in excess of six (6) inches in diameter, into a running stream, or deposit or leave in a running stream, trees, in excess of six (6) inches in diameter, logs in excess of six (6) inches in diameter or tree tops, without removing the same immediately, in such cases where such will materially impede the flow of or navigation upon such running stream.

Any violation of this section shall be punishable by a fine of not less than twenty-five dollars ($25.00) and not more than two hundred dollars ($200.00).

Provided, however, that the provisions of this section shall not apply to the rafting and movement of logs in a running stream in the customary manner and for commercial purposes. Provided, however, the provisions of this section shall not be construed to affect in any way the riparian rights of any person, firm, corporation, association or organization.

CREDIT(S)

Laws 1966, Ch. 394, § 1, eff. from and after passage (approved June 3, 1966).

Miss. Code Ann. § 97-15-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-43. Obstruction of navigable channels

If any captain or master of a vessel, or any person, shall obstruct, or cause to be obstructed, any navigable bay, river, creek, or other navigable channel or pass thereof, in any manner whatever, or shall discharge any ballast in any harbor or place other than that designated by the harbor commissioners therefor, on conviction thereof, the offender shall be fined not more than one thousand dollars, or imprisoned not longer than six months, or both.

Miss. Code Ann. § 97-15-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-45. Permanent obstruction of navigable waters

If any person shall, in any manner, permanently obstruct any of the navigable waters, or shall place any obstruction therein and not remove the same within a reasonable time, the person offending shall be guilty of a misdemeanor, and, on conviction shall be punished by a fine of not more than fifty dollars or by imprisonment in the county jail not more than thirty days, or both.

CREDIT(S)

Laws 1932, Ch. 239, § 1, eff. from and after passage (approved April 19, 1932).

Miss. Code Ann. § 97-15-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-47. Neglect of duty by overseers

All overseers of roads who shall refuse or neglect to do their duty, in any respect, as required by law, after notice of their appointment as such, shall, on conviction, for each neglect be fined not more than fifty dollars.

Miss. Code Ann. § 97-15-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-49. Failure to repair roads

If any person shall suffer any public road of which he is the overseer to remain out of repair for more than ten days at any one time, unless hindered by extreme bad weather, or other unavoidable cause, on conviction thereof he shall be fined not more than fifty dollars.

Miss. Code Ann. § 97-15-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 15. Offenses Affecting Highways, Ferries and Waterways

§ 97-15-51. Failure of corporation to make repairs

When a corporation shall be convicted, on indictment for a nuisance, for not repairing or keeping in repair any road, causeway, bridge, or ferry, and shall neglect to pay the fine and costs awarded against it therefor for the space of three months after an execution shall have been issued for the same, then it shall not be lawful for such corporation, its officers, agents, or any other person, to demand or take any toll upon any part of its road, or any causeway, bridge, or ferry not kept in repair, until the fine and costs be paid.

Miss. Code Ann. § 97-17-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-1. First degree arson; dwelling houses

(1) Any person who willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, or any state-supported school building in this state whether the property of himself or of another, shall be guilty of arson in the first degree, and upon conviction thereof, be sentenced to the penitentiary for not less than five (5) nor more than twenty (20) years and shall pay restitution for any damage caused.

(2) Any person convicted under this section shall be subject to treble damages for any damage caused by such person.

(3) Any property used in the commission of the offense of arson in the first degree shall be subject to forfeiture as provided in Section 97-17-4.

CREDIT(S)

Laws 1932, Ch. 272, § 1; Laws 1997, Ch. 473, § 1, eff. from and after passage (approved March 27, 1997).

Miss. Code Ann. § 97-17-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-3. First degree arson; schools or places of worship

(1) Any person who willfully and maliciously sets fire to, or burns, or causes to be burned, or who is a party to destruction by explosion from combustible material, who aids, counsels, or procures the burning or destruction of any church, temple, synagogue or other established place of worship, whether in use or vacant, shall be guilty of arson in the first degree and, upon conviction therefor, shall be sentenced to the penitentiary for not less than five (5) nor more than thirty (30) years and shall pay restitution for any damage caused.

(2) Any person observing or witnessing the destruction by fire of any state-supported school building or any church, temple, synagogue or other established place of worship, whether occupied or vacant, which fire was the result of his or her act of an accidental nature, and who willfully fails to sound the general alarm or report such fire to the local fire department or other local authorities, shall be guilty of a felony and, upon conviction therefor, shall be sentenced to the penitentiary for not less than two (2) nor more than ten (10) years and shall pay restitution for any damage caused.

(3) Any person, who by reason of his age comes under the jurisdiction of juvenile authorities and who is found guilty under subsection (1) of this section, shall not be eligible for probation unless and until at least six (6) months' confinement has been served in a state reform school.

(4) Any person convicted under this section shall be subject to treble damages for any damage caused by such person.

(5) Any property used in the commission of arson in the first degree shall be subject to forfeiture as provided in Section 97-17-4.

CREDIT(S)

Laws 1958, Ch. 256, §§ 1 to 3; Laws 1997, Ch. 473, § 2, eff. from and after passage (approved March 27, 1997).

Miss. Code Ann. § 97-17-4

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-4. Forfeiture of property used to commit arson

(1) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of a provision of Section 97-17-1 or 97-17-3 is subject to civil forfeiture to the state pursuant to the provisions of this section; provided, however, that a forfeiture of personal property encumbered by a bona fide security interest or real property encumbered by a bona fide mortgage, deed of trust, lien or encumbrance of record shall be subject to the interest of the secured party or subject to the interest of the holder of the mortgage deed of trust, lien of encumbrance of record if such secured party or holder neither had knowledge of or consented to the act or omission.

(2) Property subject to forfeiture may be seized by law enforcement officers upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if:

(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under a lawful administrative inspection;

(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this section.

(3) When any property is seized pursuant to this section, proceedings under this section shall be instituted promptly.

(4)(a) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi with the clerk of the circuit court of the county in which the seizure is made. A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(i) The owner of the property, if address is known;

(ii) Any secured party who has registered his lien or filed a financing statement as provided by law, if the identity of such secured party can be ascertained by the state by making a good faith effort to ascertain the identity of such secured party as described in paragraphs (b), (c), (d), (e) and (f) of this subsection;

(iii) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the state has actual knowledge;

(iv) A holder of a mortgage, deed of trust, lien or encumbrance of record, if the property is real estate by making a good faith inquiry as described in paragraph (g) of this section; and

(v) Any person in possession of property subject to forfeiture at the time that it was seized.

(b) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the state shall make inquiry of the State Tax Commission as to what the records of the State Tax Commission show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(c) If the property is a motor vehicle and is not titled in the State of Mississippi, then the state shall attempt to ascertain the name and address of the person in whose name the vehicle is licensed, and if the vehicle is licensed in a state which has in effect a certificate of title law, the state shall make inquiry of the appropriate agency of that state as to what the records of the agency show as to who is the record owner of the vehicle and who, if anyone, holds any lien, security interest, or other instrument in the nature of a security device which affects the vehicle.

(d) If the property is of a nature that a financing statement is required by the laws of this state to be filed to perfect a security interest affecting the property and if there is any reasonable cause to believe that a financing statement covering the security interest has been filed under the laws of this state, the state shall make inquiry of the appropriate office designated in Section 75-9-501 as to what the records show as to who is the record owner of the property and who, if anyone, has filed a financing statement affecting the property.

(e) If the property is an aircraft or part thereof and if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the state shall make inquiry of the administrator of the Federal Aviation Administration as to what the records of the administrator show as to who is the record owner of the property and who, if anyone, holds an instrument in the nature of a security device which affects the property.

(f) In the case of all other personal property subject to forfeiture, if there is any reasonable cause to believe that an instrument in the nature of a security device affects the property, then the state shall make a good faith inquiry to identify the holder of any such instrument.

(g) If the property is real estate, the state shall make inquiry at the appropriate places to determine who is the owner of record and who, if anyone is a holder of a bona fide mortgage, deed of trust, lien or encumbrance.

(h) In the event the answer to an inquiry states that the record owner of the property is any person other than the person who was in possession of it when it was seized, or states that any person holds any lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust which affects the property, the state shall cause any record owner and also any lienholder, secured party, other person who holds an interest in the property in the nature of a security interest, or holder of an encumbrance, mortgage or deed of trust which affects the property to be named in the petition of forfeiture and to be served with process in the same manner as in civil cases.

(i) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the state shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of __________,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, and shall be served as provided in Section 11-33-37 for publication of notice for attachments at law.

(j) No proceedings instituted pursuant to the provisions of this article shall proceed to hearing unless the judge conducting the hearing is satisfied that this section has been complied with. Any answer received from an inquiry required by paragraphs (b) through (g) of this section shall be introduced into evidence at the hearing.

(5)(a) An owner of property that has been seized shall file a verified answer within twenty (20) days after the completion of service of process. If no answer is filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the state. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the state or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.

(b) If the owner of the property has filed a verified answer denying that the property is subject to forfeiture, then the burden is on the state to prove that the property is subject to forfeiture. The burden of proof placed upon the state shall be clear and convincing proof. However, if no answer has been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture.

(c) At the hearing any claimant of any right, title, or interest in the property may prove his lien, encumbrance, security interest, other interest in the nature of a security interest, mortgage or deed of trust to be bona fide and created without knowledge or consent that the property was to be used so as to cause the property to be subject to forfeiture.

(d) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the state. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest or any holder of a bona fide encumbrance, mortgage or deed of trust is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the state.

(6)(a) All personal property, including money, which is forfeited to the state and is not capable of being sold at public auction shall be liquidated and the proceeds, after deduction of all storage and court costs, shall be forwarded to the State Treasurer and deposited in the General Fund of the state.

(b) All real estate which is forfeited to the state shall be sold to the highest bidder at a public auction to be conducted by the state at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution of law. The proceeds of such sale shall first be applied to the cost and expense in administering and conducting such sale, then to the satisfaction of all mortgages, deeds of trusts, liens and encumbrances of record on such property. All proceeds in excess of the amount necessary for the cost of the sale of such land and the satisfaction of any liens thereon shall be deposited in the General Fund of the State Treasury.

(c) All other property that has been seized by the state and that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the state to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation throughout the State of Mississippi. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be delivered to the circuit clerk and shall be disposed of as follows:

(i) To any bona fide lienholder, secured party, or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and

(ii) The balance, if any, after deduction of all storage and court costs, shall be forwarded to the State Treasurer and deposited with and used as general funds of the state.

(d) The State Tax Commission shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.

CREDIT(S)

Laws 1997, Ch. 473, § 3, eff. from and after passage (approved March 27, 1997). Amended by Laws 2001, Ch. 495, § 27, eff. January 1, 2002.

Miss. Code Ann. § 97-17-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-5. Second degree arson; other buildings

Any person who wilfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any building or structure of whatsoever class or character, whether the property of himself or of another, not included or described in section 97-17-1 or section 97-17-3, shall be guilty of arson in the second degree, and upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than ten years.

CREDIT(S)

Laws 1932, Ch. 272, § 2, eff. from and after passage (approved May 16, 1932).

Miss. Code Ann. § 97-17-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-7. Third degree arson; personal property of another

Any person who wilfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any personal property of whatsoever class or character; (such property being of the value of twenty-five dollars and the property of another person), shall be guilty of arson in the third degree and upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than three years.

CREDIT(S)

Laws 1932, Ch. 272, § 3, eff. from and after passage (approved May 16, 1932).

Miss. Code Ann. § 97-17-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-9. Fourth degree arson; attempt

(1) Any person who wilfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in the foregoing sections, or who commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree and upon conviction thereof be sentenced to the penitentiary for not less than one nor more than two years or fined not to exceed one thousand dollars.

(2) The placing or distributing of any flammable, explosive or combustible material or substance, or any device in any building or property mentioned in the foregoing sections in an arrangement or preparation with intent to eventually, wilfully and maliciously set fire to or burn same, or to procure the setting fire to or burning of same shall, for the purposes of this section constitute an attempt to burn such building or property.

CREDIT(S)

Laws 1932, Ch. 272, § 4, eff. from and after passage (approved May 16, 1932).

Miss. Code Ann. § 97-17-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-11. Arson against insured property

Any person who wilfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property, of whatsoever class or character, whether the property of himself or of another, which shall at the time be insured by any person, company or corporation against loss or damage by fire, shall be guilty of a felony and upon conviction thereof, be sentenced to the penitentiary for not less than one (1) nor more than ten (10) years.

CREDIT(S)

Laws 1932, Ch. 272, § 5; Laws 1986, Ch. 377, § 1, eff. July 1, 1986.

Miss. Code Ann. § 97-17-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-13. Setting a fire to woods, marsh or meadow

(1) If any person willfully, maliciously, and feloniously sets on fire any woods, meadow, marsh, field or prairie, not his own, he is guilty of a felony and shall, upon conviction, be sentenced to the State Penitentiary for not more than two (2) years nor less than one (1) year, or fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or both, in the discretion of the court.

(2)(a) If any person recklessly or with gross negligence causes fire to burn any woods, meadow, marsh, field or prairie, not his own, he is guilty of a misdemeanor and shall, on conviction, be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than three (3) months, or both, in the discretion of the court.

(b) If a person has a brush or debris pile or other material which is or was being burned and reasonable and prudent efforts were not taken to prevent the spread of the fire onto the lands of another shall be evidence that such person recklessly or with gross negligence caused the land to burn.

(3) In addition to the penalties provided in this section, upon conviction, a person shall be ordered to reimburse and pay in restitution directly to any organized fire suppression agency recognized by the Mississippi Forestry Commission all the costs the agency incurred related to the suppression and abatement of the fire.

CREDIT(S)

Laws 1954, Ch. 222, §§ 1, 2; Laws 1960, Ch. 243, § 1, eff. from and after passage (approved May 11, 1960). Amended by Laws 2005, Ch. 495, § 2, eff. July 1, 2005.

Miss. Code Ann. § 97-17-14

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-14. Aggravated assault on firefighter, law enforcement officer, or any emergency medical personnel

Any person or persons who willfully, feloniously and maliciously set fire to or burn or cause to be burned or who aid, counsel or procure the burning of any commercial or residential building, whether occupied, unoccupied or vacant or any kitchen, shop, barn, stable, outhouse, vehicle, or wood, meadow, marsh, field or prairie, whether the property of the person or persons setting the fire or of another, and thereby cause serious bodily injury to a firefighter, law enforcement officer or any emergency medical personnel while said firefighter, law enforcement officer or emergency personnel is acting within the scope of his duty and office, whether said injury shall be intentional or unintentional, shall be guilty of aggravated assault and upon conviction thereof shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than ten (10) years in the Penitentiary or by both such fine and imprisonment.

CREDIT(S)

Laws 1986, Ch. 394, § 1, eff. July 1, 1986. Amended by Laws 2001, Ch. 402, § 1, eff. July 1, 2001.

Miss. Code Ann. § 97-17-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-15. Alteration or destruction of boundary landmarks

If any person shall knowingly cut, fell, alter, remove, or destroy, or shall cause to be cut, felled, altered, removed, or destroyed, any boundary tree, or other boundary landmark, to the wrong of another person, he shall, on conviction, be fined not more than two hundred dollars nor less than fifty dollars.

Miss. Code Ann. § 97-17-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-17. Alteration of brands of saw-logs

If any person shall knowingly and wilfully alter or deface the mark or brand of any saw-log, the property of another, without his consent, and with intent to deprive the owner of his property, he shall, on conviction, be fined not exceeding one hundred dollars, or imprisoned in the county jail not more than three months, or both.

Miss. Code Ann. § 97-17-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-19. Repealed by Laws 1996, Ch. 519, § 2, eff. from and after passage (approved April 11, 1996)

Miss. Code Ann. § 97-17-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-21. Repealed by Laws 1996, Ch. 519, § 3, eff. from and after passage (approved April 11, 1996)

Miss. Code Ann. § 97-17-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-23. Burglary; breaking and entering; home invasion; penalties

(1) Every person who shall be convicted of breaking and entering the dwelling house or inner door of such dwelling house of another, whether armed with a deadly weapon or not, and whether there shall be at the time some human being in such dwelling house or not, with intent to commit some crime therein, shall be punished by commitment to the custody of the Department of Corrections for not less than three (3) years nor more than twenty-five (25) years.

(2) Every person who shall be convicted of violating subsection (1) under circumstances likely to terrorize any person who is actually occupying the house at the time of the criminal invasion of the premises shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than twenty-five (25) years.

CREDIT(S)

Laws 1996, Ch. 519, § 1, eff. from and after passage (approved April 11, 1996. Amended by Laws 2008, Ch. 307, § 1, eff. July 1, 2008.

Miss. Code Ann. § 97-17-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-25. Burglary; breaking out of dwelling

Every person who, being in the dwelling house of another, shall commit a crime, and shall break any outer door, or any other part of said house, to get out of the same, shall be guilty of burglary, and be imprisoned in the penitentiary not more than ten years.

Miss. Code Ann. § 97-17-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-27. Repealed by Laws 1996, Ch. 519, § 4, eff. from and after passage (approved April 11, 1996)

Miss. Code Ann. § 97-17-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-29. Burglary; breaking of inner door by one lawfully present

Every person who, being lawfully in the dwelling house of another, shall break an inner door of the same house, with intent to commit a crime, shall be guilty of burglary, and imprisoned in the penitentiary not more than ten years.

Miss. Code Ann. § 97-17-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-31. “Dwelling house” defined

Every building joined to, immediately connected with, or being part of the dwelling house, shall be deemed the dwelling house.

Miss. Code Ann. § 97-17-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-33. Burglary; other buildings, motor vehicles and vessels

(1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, automobile, truck or trailer in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transportation, with intent to steal therein, or to commit any felony, or who shall be convicted of breaking and entering in the day or night time, any building within the curtilage of a dwelling house, not joined to, immediately connected with or forming a part thereof, shall be guilty of burglary, and imprisoned in the penitentiary not more than seven (7) years.

(2) Any person who shall be convicted of breaking and entering a church, synagogue, temple or other established place of worship with intent to commit some crime therein shall be punished by imprisonment in the penitentiary not more than fourteen (14) years.

CREDIT(S)

Laws 1940, Ch. 243, § 1; Laws 1960, Ch. 241, § 1; Laws 1989, Ch. 347, § 1; Laws 1997, Ch. 473, § 4, eff. from and after passage (approved March 27, 1997).

Miss. Code Ann. § 97-17-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-35. Possession of burglary tools

It is unlawful for any person to have in his possession implements, tools, or instruments designed to aid in the commission of burglary, larceny or robbery; and on the conviction of any person thereof, he shall be punished by imprisonment in the penitentiary not exceeding five (5) years, or in the county jail not exceeding one year. The carrying concealed about one's person, or in one's baggage, implements, tools, or instruments peculiarly adapted to aid in the commission of burglary, larceny or robbery, shall be prima facie evidence of intention to use them for such purpose.

CREDIT(S)

Laws 1956, Ch. 246, § 1, eff. from and after passage (approved April 5, 1956).

Miss. Code Ann. § 97-17-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-37. Burglary with explosives

Any person, who, with intent to commit crime, breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by the use of nitroglycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives.

Any person duly convicted of burglary with explosives shall be punished by imprisonment in the state penitentiary for a term of not less than five (5) years nor more than forty (40) years.

CREDIT(S)

Laws 1940, Ch. 240, § 1, eff. from and after passage (approved March 22, 1940).

Miss. Code Ann. § 97-17-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-39. Vandalism of public buildings

If any person, by any means whatever, shall wilfully or mischievously injure or destroy any of the burial vaults, urns, memorials, vases, foundations, bases or other similar items in a cemetery, or injure or destroy any of the work, materials, or furniture of any courthouse or jail, or other public building, or schoolhouse or church, or deface any of the walls or other parts thereof, or shall write, or make any drawings or character, or do any other act, either on or in said building or the walls thereof, or shall deface or injure the trees, fences, pavements, or soil, on the grounds belonging thereto, or an ornamental or shade tree on any public road or street leading thereto, such person, upon conviction, for such offense, shall be punished as follows:

(a) If the damage caused by the destruction or defacement of such property has a value of less than Three Hundred Dollars ($300.00), any person who is convicted of such offense shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for not more than one (1) year, or both.

(b) If the damage caused by the destruction or defacement of such property has a value equal to or exceeding Three Hundred Dollars ($300.00), any person who is convicted of such offense shall be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned in the State Penitentiary for up to five (5) years, or both.

CREDIT(S)

Laws 1989, Ch. 451, § 1, eff. July 1, 1989.

Miss. Code Ann. § 97-17-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-41. Grand larceny

(1) Every person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Five Hundred Dollars ($500.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.

(2) Every person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of Five Hundred Dollars ($500.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.

CREDIT(S)

Laws 1966, Ch. 359, § 1; Laws 1992, Ch. 380, § 1; Laws 1993, Ch. 337, § 1; Laws 1996, Ch. 544, § 2; Laws 1997, Ch. 473, § 5, eff. from and after passage (approved March 27, 1997). Amended by Laws 2003, Ch. 499, § 1, eff. July 1, 2003; Laws 2004, Ch. 526, § 7, eff. July 1, 2004.

Miss. Code Ann. § 97-17-42

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-42. Car theft

(1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle of any value belonging to another, with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership, and any person who knowingly shall aid and abet in the taking possession or taking away of the motor vehicle, shall be guilty of a felony and shall be punished by commitment to the Department of Corrections for not more than ten (10) years.

(2) Any person convicted under this section who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of the motor vehicle or vehicles damaged.

(3) This section shall not apply to the enforcement of a security interest in a motor vehicle.

(4) Any person who shall be convicted for a second or subsequent offense under this section shall be imprisoned in the Penitentiary for a term not exceeding fifteen (15) years or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.

CREDIT(S)

Laws 1996, Ch. 544, § 1, eff. July 1, 1996. Amended by Laws 2003, Ch. 499, § 2, eff. July 1, 2003; Laws 2007, Ch. 464, § 1, eff. July 1, 2007.

Miss. Code Ann. § 97-17-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-43. Petit larceny

(1) If any person shall feloniously take, steal and carry away any personal property of another under the value of Five Hundred Dollars ($500.00), he shall be guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding six (6) months or by fine not exceeding One Thousand Dollars ($1,000.00), or both. The total value of property taken, stolen or carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.

(2) If any person shall feloniously take, steal and carry away any property of a church, synagogue, temple or other established place of worship under the value of Five Hundred Dollars ($500.00), he shall be guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding one (1) year or by fine not exceeding Two Thousand Dollars ($2,000.00), or both.

(3) Any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with intent to defraud the retail establishment, shall be guilty of petit larceny and punished as provided in subsection (1) of this section and, upon any second or subsequent such offense, the driver's license of the person shall be suspended as follows:

(a) The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety.

(b) The first suspension of a driver's license under this subsection shall be for a period of six (6) months.

(d) At the expiration of the suspension period, and upon payment of a restoration fee of Twenty-five Dollars ($25.00), the suspension shall terminate and the Department of Public Safety shall return the person's driver's license to the person. The restoration fee shall be in addition to the fees provided for in Title 63, Chapter 1, and shall be deposited into the State General Fund in accordance with Section 45-1-23.

CREDIT(S)

Laws 1940, Ch. 238, § 1; Laws 1966, Ch. 360, § 1; Laws 1971, Ch. 491, § 1; Laws 1992, Ch. 380, § 2; Laws 1997, Ch. 473, § 6, eff. from and after passage (approved March 27, 1997). Amended by Laws 1999, Ch. 553, § 1, eff. July 1, 1999; Laws 2003, Ch. 499, § 3, eff. July 1, 2003; Laws 2004, Ch. 526, § 8, eff. July 1, 2004.

Miss. Code Ann. § 97-17-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-45. Theft of instruments

If any person shall steal any bond, covenant, note, bank-bill, bill of exchange, draft, order, receipt, or other evidence of debt, or chose in action, or any public security issued by the United States, or any state, or any instrument whereby any demand, right, or obligation shall be created, increased, released, extinguished, or diminished, the money due thereon, or secured thereby, and remaining unsatisfied, or which in any event might be collected thereon, or the value of the property transferred or affected thereby, as the case may be, shall be deemed the value of the article sold, without further proof thereof.

Miss. Code Ann. § 97-17-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-47. Severing of crops

If any person shall sever from the soil of another any produce growing thereon, or shall sever from any building, gate, fence, railing, or other improvement or inclosure any part thereof, and shall take and convert the same to his own use with intent to steal the same, he shall be guilty of larceny in the same manner and of the same degree as if the article so taken had been severed at some previous and different time.

Miss. Code Ann. § 97-17-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-49. Shearing wool from dead sheep

If any person shall shear or take off in any manner the wool from any sheep that has been killed by dog or otherwise, without first obtaining permission from the owner of such sheep so killed, with intent to convert to his own use or conceal the same, he shall be guilty of a misdemeanor, and on conviction, shall be fined not less than five dollars nor more than twenty-five dollars and imprisoned in the county jail not less than five days nor more than twenty days.

Miss. Code Ann. § 97-17-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-51. Theft of dog

Every person who shall feloniously steal, take and carry away any dog, the property of another, shall be subject to indictment therefor, and on conviction shall be punished by a fine of not more than five hundred dollars ($500.00), or imprisoned in the county jail not more than six (6) months, or both, or imprisoned in the penitentiary not less than one year nor more than two years.

CREDIT(S)

Laws 1962, Ch. 314, § 1, eff. July 1, 1962.

Miss. Code Ann. § 97-17-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-53. Theft of livestock

(1)(a) If any person shall knowingly, willfully and feloniously take, steal and carry away livestock of any value belonging to another without the consent of the owner, he is guilty of larceny and punishable pursuant to Section 97-17-41 or 97-19-43 depending on the gravity of the offense. The total value of the livestock obtained from the individual owner or merchant shall be aggregated in determining the gravity of the offense.

(b) If any person obtains livestock belonging to another by means of any fraudulent conduct, practice or representation, he is guilty of fraud and punishable pursuant to Section 97-19-39. The total value of the livestock obtained from the individual owner or merchant shall be aggregated in determining the gravity of the offense.

(c) Obtaining livestock from a commission merchant or livestock owner by representing that prompt payment will be made pursuant to Section 409 of the Packers and Stockyards Act, 7 USCS Section 228b, and failing to make prompt payment in accordance therewith, shall constitute prima facia evidence of fraudulent conduct, practices or representation.

(2) In addition to any such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of any such stolen livestock. The measure for restitution in money shall be the amount of the actual financial loss to the owner of the livestock, including any loss of income, any court costs and attorney's fees incurred by the owner to recover the stolen livestock, the current replacement value of the stolen livestock if the livestock is not recovered, and any other costs incurred by the owner as a result of actions in violation of subsection (1) of this section.

(3) For purposes of this section, the term “livestock” means horses, cattle, swine, sheep and other domestic animals produced for profit.

CREDIT(S)

Laws 1940, Ch. 238, § 1; Laws 1966, Ch. 360, § 1; Laws 1971, Ch. 491, § 1; Laws 1981, Ch. 385, § 1; Laws 1993, Ch. 438, § 1, eff. July 1, 1993. Amended by Laws 2013, H.B. No. 178, § 1, eff. July 1, 2013.

Miss. Code Ann. § 97-17-55

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-55. Theft of milk from cow

Any person who shall milk the cow of another, knowingly, without his consent, or who shall pen or confine by any means any milk-cow, or the calf of any such cow, not his own, with intent to procure milk from such cow, without the consent of the owner, shall, on conviction, be fined not more than one hundred dollars, or be imprisoned in the county jail not more than three months, or both. Proof that any one penned or confined any cow or her calf not his own, shall be deemed prima facie evidence of an intent to procure milk in violation of this section.

Miss. Code Ann. § 97-17-57

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-57. Repealed by Laws 1985, Ch. 316, § 1, eff. July 1, 1985

Miss. Code Ann. § 97-17-58

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-58. Repealed by Laws 2003, Ch. 403, § 2, eff. July 1, 2003

Miss. Code Ann. § 97-17-59

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-59. Theft of timber; restitution

(1) Any person who shall knowingly, willfully and feloniously take, steal and carry away from the lands of another any merchantable timber on the property of another, of the value of less than Two Hundred Fifty Dollars ($250.00), whether such timber is growing, standing or lying on the lands, shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one hundred (100) days, or both, in the discretion of the court.

(2) Any person who shall knowingly, willfully and feloniously take, steal and carry away from the lands of another any merchantable timber on the property of another, of the value of Two Hundred Fifty Dollars ($250.00) or more, whether such timber is growing, standing, or lying on the lands, shall be guilty of a felony; and upon conviction thereof, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Penitentiary for a term of not less than one (1) year nor more than five (5) years, or both, in the discretion of the court.

(3) In addition to any such fine or imprisonment which may be imposed upon a convicted individual, the court shall order that restitution be made to the owner of any such stolen timber. The measure for restitution in money shall be the amount of the actual financial loss to the owner of the timber, including any loss of income, any court costs, expert fees and attorney's fees incurred by the owner to recover the loss and any other costs incurred by the owner as a result of actions in violation of subsections (1) and (2) of this section. The value of the timber shall be calculated by the fair market value of the timber at the time of the loss.

CREDIT(S)

Laws 1954, Ch. 221, §§ 1, 2, eff. from and after passage (approved March 18, 1954). Amended by Laws 2000, Ch. 355, § 1, eff. July 1, 2000; Laws 2004, Ch. 419, § 3, eff. July 1, 2004.

Miss. Code Ann. § 97-17-60

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-60. Payment for timber products; notice of demand; defense; definitions; penalties

(1) Any person who acquires, with the consent of an owner, any timber product from that owner and who receives payment for the timber product shall, within thirty (30) days of such receipt, make payment in full to the owner.

(2) If the owner has not received payment within the required thirty (30) days, the owner shall notify the offender of his demand for payment at the offender's last known address by certified mail or by personal delivery of the written notice to the offender. The offender shall make payment in full within ten (10) days after the mailing or delivery of the written notice or the offender shall be in violation of this section.

(3) A written agreement signed by the owner providing for a means of payment contrary to this section shall constitute an affirmative defense.

(4) For the purposes of this section, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:

(a) “Timber product” means timber of all kinds, species or sizes, including, but not limited to, logs, lumber, poles, pilings, posts, blocks, bolts, cordwood and pulpwood, pine stumpwood, pine knots or other distillate wood, crossties, turpentine (crude gum), pine straw, firewood and all other products derived from timber or trees which have a sale or commercial value.

(b) “Owner” means any person, partnership, corporation, unincorporated association or other legal entity having any interest in any timber product, any land upon which a timber product is growing or any land from which a timber product has been removed.

(5) Whoever violates this section, upon conviction thereof, when the value of the timber product is Five Hundred Dollars ($500.00) or less, shall be fined not more than One Thousand Dollars ($1,000.00), or imprisoned for not more than one (1) year, or both. When the value of the timber product is more than Five Hundred Dollars ($500.00), the violator, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for not more than ten (10) years, or both.

CREDIT(S)

Added by Laws 2004, Ch. 419, § 2, eff. July 1, 2004.

Miss. Code Ann. § 97-17-61

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-61. Taking of animals or vehicles

Any person who shall, without the consent of the owner or his agent, take away any horse, mare, gelding, mule, jack, jennet, sheep, cow, bull, ox, hog, or other livestock or dog, or automobile, truck or other motor vehicle, where such taking and carrying away shall not amount to larceny, shall upon conviction, be fined not exceeding One Thousand Dollars ($1,000.00), or be imprisoned not exceeding one (1) year in the county jail, or both. A verdict of guilty of such taking and carrying away may be rendered under an indictment for larceny, if the evidence shall not warrant a verdict of guilty of larceny but shall warrant a conviction under this section. This section shall not apply to anyone who takes such property believing, in good faith, that he has a right to it. The court shall order any person convicted under this section to pay restitution for any damage caused to any property as a result of violating this section.

CREDIT(S)

Laws 1940, Ch. 239, § 1; Laws 1996, Ch. 544, § 3, eff. July 1, 1996.

Miss. Code Ann. § 97-17-62

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-62. Theft of rental property

(1)(a) It is unlawful to obtain custody of personal property or equipment by trick, deceit, fraud or willful false representation with intent to defraud the owner or any person in lawful possession of the personal property or equipment.

(b) It is unlawful to hire or lease personal property or equipment from any person who is in lawful possession of the personal property or equipment with intent to defraud that person of the rental due under the rental agreement.

(c) It is unlawful to abandon or willfully refuse to redeliver personal property as required under a rental agreement without the consent of the lessor or the lessor's agent with intent to defraud the lessor or the lessor's agent.

(d) A person who violates this subsection (1) shall be guilty of a misdemeanor, punishable as provided in Section 97-17-43, unless the value of the personal property or equipment is of a value of Five Hundred Dollars ($500.00) or more; in that event the violation constitutes a felony, punishable as provided in Section 97-17-41.

(2)(a) In prosecutions under this section, the following acts are prima facie evidence of fraudulent intent: obtaining the property or equipment under false pretenses; absconding without payment; or removing or attempting to remove the property or equipment from the county without the express written consent of the lessor or the lessor's agent.

(b) Demand for return of overdue property or equipment and for payment of amounts due may be made personally, by hand delivery, or by certified mail, return receipt requested, to the lessee's address shown in the rental contract.

(i) Failure to redeliver the property or equipment within five (5) days after hand delivery to or return receipt from the lessee is prima facie evidence of fraudulent intent. Notice that is returned undelivered after mailing to the address given by the lessee at the time of rental shall be deemed equivalent to return receipt from the lessee.

(ii) Failure to pay any amount due which is incurred as the result of the failure to redeliver property after the rental period expires is prima facie evidence of fraudulent intent. Amounts due include unpaid rental for the time period during which the property or equipment was not returned, and include the lesser of the cost of repairing or replacing the property or equipment, as necessary, if it has been damaged or not returned.

CREDIT(S)

Added by Laws 2007, Ch. 489, § 1, eff. July 1, 2007.

Miss. Code Ann. § 97-17-63

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-63. Theft from tenant in common

Any tenant in common of personal property, or person who is in any manner interested in any such property in which any other person has an interest, who shall sell, give away, conceal, or in any way convert or dispose of such property, with intent to defraud his cotenant or other person interested in such property, shall be punished as if he had committed larceny of such property of the value of the interest of his cotenant or other person interested in such property.

Miss. Code Ann. § 97-17-64

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-64. Unauthorized use of leased or rented property

(1) A person who obtains personal property of another under a lease or rental agreement is guilty of theft if he exercises unlawful or unauthorized control over the property with purpose to deprive the owner thereof. As used in this section, the word “deprive” means to withhold property of another permanently or for so extended a period that a significant portion of its economic value, or the use or benefit thereof, is lost to the owner; or to withhold the property with intent to restore it to the owner only upon payment of a reward or other compensation; or to conceal, abandon or dispose of the property so as to make it unlikely that the owner will recover it; or to sell, give, pledge, or otherwise transfer any interest in the property.

(2) It shall be prima facie evidence of purpose to deprive when a person:

(a) In obtaining such property presents identification or information which is materially false, fictitious, misleading or not current, with respect to such person's name, address, place of employment, or any other material matter; or

(b) Fails to return such property to the owner or his representative within ten (10) days after proper notice following the expiration of the term for which such person's use, possession or control of the property is authorized; or

(c) Fails to contact the owner or his representative to make arrangements to return such property within ten (10) days after proper notice following the expiration of the term for which such person's use, possession or control of such property is authorized.

(3) For the purpose of this section, “proper notice” means either actual notification as may be otherwise proven beyond a reasonable doubt or a written demand for return of the property mailed to the defendant, which satisfies the following procedure:

(a) The written demand must be mailed to the defendant by certified or registered mail with return receipt attached, which return receipt by its terms must be signed by the defendant personally and not by his representative;

(b) The written demand must be mailed to the defendant at either the address given at the time he obtained the property or the defendant's last known address if later furnished in writing by the defendant to the owner or his representative; and

(4) It shall be an affirmative defense to prosecution under this section that:

(a) The defendant was unaware that the property was that of another; or

(b) The defendant acted under an honest claim of right to the property involved or that he had a right to acquire or dispose of it as he did; or

(c) The defendant was physically incapacitated and unable to request or obtain permission of the owner to retain the property; or

(d) The property was in such a condition, through no fault of the defendant, that it could not be returned within the requisite time after receipt of proper notice.

(5) Any person convicted of the offense of theft under this section shall be:

(a) Guilty of a misdemeanor when the value of the personal property is less than Two Hundred Fifty Dollars ($250.00) and punished by a fine of not more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment; or

(b) Guilty of a felony when the value of the personal property is Two Hundred Fifty Dollars ($250.00) or more and punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary for a term of not more than three (3) years, or by both such fine and imprisonment.

CREDIT(S)

Laws 1987, Ch. 352, § 1, eff. July 1, 1987.

Miss. Code Ann. § 97-17-65

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-65. Looting

(1) A person commits looting when he knowingly without authority of law or of the owner enters any home or dwelling, or upon any premises of another, or enters any commercial, mercantile, business or industrial building, plant or establishment, in which a normal security of property is not present by virtue of a hurricane, fire or vis major of any kind or by virtue of a riot, mob, or other human agency and obtains or exerts control over or injures or removes property of the owner.

(2) Any person who commits looting shall be guilty of a felony and, upon conviction, such person shall be punished by imprisonment in the penitentiary for a period not to exceed fifteen (15) years or by a fine not to exceed ten thousand dollars ($10,000.00), or both such fine and imprisonment.

(3) The fact that a person may be subject to prosecution under this section shall not bar his prosecution or punishment under the statutes relating to larceny or burglary, or under any other statute or ordinance to the extent that such would otherwise be permitted in the absence of this section.

CREDIT(S)

Laws 1968, Ch. 348, §§ 1 to 3, eff. from and after passage (approved July 11, 1968).

Miss. Code Ann. § 97-17-67

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-67. Malicious mischief

(1) Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of malicious mischief.

(2) If the value of the property destroyed, disfigured or injured is Five Hundred Dollars ($500.00) or less, it shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment not exceeding twelve (12) months in the county jail, or both.

(3) If the value of the property destroyed, disfigured or injured is in excess of Five Hundred Dollars ($500.00), it shall be a felony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or imprisonment in the Penitentiary not exceeding five (5) years, or both.

(4) In all cases restitution to the victim for all damages shall be ordered. The value of property destroyed, disfigured or injured by the same party as part of a common crime against the same or multiple victims may be aggregated together and if the value exceeds One Thousand Dollars ($1,000. 00), shall be a felony.

(5) For purposes of this statute, value shall be the cost of repair or replacement of the property damaged or destroyed.

(6) Anyone who by any word, deed or act directly or indirectly urges, aids, abets, suggests or otherwise instills in the mind of another the will to so act shall be considered a principal in the commission of said crime and shall be punished in the same manner.

CREDIT(S)

Laws 1962, Ch. 319, § 1; Laws 1968, Ch. 357, § 1, eff. from and after passage (approved July 31, 1968). Amended by Laws 2003, Ch. 434, § 1, eff. July 1, 2003; Laws 2009, Ch. 379, § 2, eff. July 1, 2009.

Miss. Code Ann. § 97-17-68

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-68. Theft from coin operated devices

(1) It shall be unlawful for any person: (a) to willfully open, enter, remove, break into or tamper with any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services with the intent to commit a larceny therefrom; (b) to possess a key or device designed and intended by him to aid in the commission of larceny from any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services; (c) to possess a drawing, print or mold of a key or device designed and intended by him to aid in the commission of larceny from any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services; or (d) to break into or enter any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services with the intent to steal therefrom.

(2) Any person who violates any provision of this section shall be punished upon the first conviction by imprisonment in the county jail or sentenced to hard labor for the county for a period of not more than thirty (30) days, or by a fine of not more than Two Hundred Dollars ($200.00), or by both such fine and imprisonment. Upon any subsequent conviction, such person shall be punished by imprisonment in the county jail for a period of not less than six (6) months nor more than one (1) year, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

(3) The fact that a person may be subject to prosecution under this section shall not bar his prosecution or punishment under Section 97-17-67 relating to malicious mischief, under the statutes relating to larceny, or under any other statute or ordinance to the extent that such would otherwise be permitted in the absence of this section.

CREDIT(S)

Laws 1974, Ch. 356, §§ 1, 2, eff. from and after passage (approved March 14, 1974). Amended by Laws 2009, Ch. 379, § 1, eff. July 1, 2009.

Miss. Code Ann. § 97-17-69

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-69. Repealed by Laws 1993, Ch. 359, § 5, eff. July 1, 1993

Miss. Code Ann. § 97-17-70

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-70. Receiving stolen property

(1) A person commits the crime of receiving stolen property if he intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner.

(2) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

(3)(a) Evidence that the person charged under this section stole the property that is the subject of the charge of receiving stolen property is not a defense to a charge under this section; however, dual charges of both stealing and receiving the same property shall not be brought against a single defendant in a single jurisdiction.

(b) Proof that a defendant stole the property that is the subject of a charge under this section shall be prima facie evidence that the defendant had knowledge that the property was stolen

(4) Any person who shall be convicted of receiving stolen property which exceeds Five Hundred Dollars ($500.00) in value shall be committed to the custody of the State Department of Corrections for a term not exceeding ten (10) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(5) Any person who shall be convicted of receiving stolen property which does not exceed Five Hundred Dollars ($500.00) in value shall be punished by imprisonment for not more than six (6) months or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

CREDIT(S)

Laws 1993, Ch. 359, § 1, eff. July 1, 1993. Amended by Laws 2003, Ch. 499, § 4, eff. July 1, 2003; Laws 2005, Ch. 511, § 1, eff. July 1, 2005; Laws 2007, Ch. 437, § 1, eff. July 1, 2007.

Miss. Code Ann. § 97-17-71

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-71. Scrap metal dealers; definitions; recordation; segregation and documentation of purchases; inspections; law enforcement holds; actions; construction and application; violations; penalties

(1) For the purposes of this section, the following terms shall have the meanings ascribed in this section:

(a) “Railroad materials” means any materials, equipment and parts used in the construction, operation, protection and maintenance of a railroad.

(b) “Copper materials” means any copper wire, bars, rods or tubing, including copper wire or cable or coaxial cable of the type used by public utilities, common carriers or communication services providers, whether wireless or wire line, copper air conditioner evaporator coil or condenser, aluminum copper radiators not attached to a motor vehicle, or any combination of these.

(c) “Aluminum materials” means any aluminum cable, bars, rods or tubing of the type used to construct utility, communication or broadcasting towers, aluminum utility wire and aluminum irrigation pipes or tubing. “Aluminum materials” does not include aluminum cans that have served their original economic purpose.

(d) “Law enforcement officer” means any person appointed or employed full time by the state or any political subdivision thereof, or by the state military department as provided in Section 33-1-33, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal traffic laws of this state or the ordinances of any political subdivision thereof.

(e) “Metal property” means materials as defined in this section as railroad track materials, copper materials and aluminum materials and electrical, communications or utility brass, metal covers for service access and entrances to sewers and storm drains, metal bridge pilings, irrigation wiring and other metal property attached to or part of center pivots, grain bins, stainless steel sinks, catalytic converters not attached to a motor vehicle and metal beer kegs. Metal property does not include ferrous materials not listed in this section.

(f) “Person” means an individual, partnership, corporation, joint venture, trust, limited liability company, association or any other legal or commercial entity.

(g) “Personal identification card” means any government issued photographic identification card.

(h) “Photograph” or “photographically” means a still photographic image, including images captured in digital format, that are of such quality that the persons and objects depicted are clearly identifiable.

(i) “Purchase transaction” means a transaction in which a person gives consideration in exchange for metal property.

(j) “Purchaser” means a person who gives consideration in exchange for metal property.

(k) “Record” or “records” means a paper, electronic or other method of storing information.

(l) “Scrap metal dealer” means any person who is engaged, from a fixed location or otherwise, in the business of paying compensation for metal property that has served its original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.

(2) Every scrap metal dealer or other purchaser shall keep an accurate and legible record in which he shall enter the following information for each purchase transaction:

(a) The name, address and age of the person from whom the metal property is purchased as obtained from the seller's personal identification card;

(b) The date and place of each acquisition of the metal property;

(c) The weight, quantity or volume and a general physical description of the type of metal property, such as wire, tubing, extrusions or casting, purchased in a purchase transaction;

(d) The amount of consideration given in a purchase transaction for the metal property;

(e) The vehicle license tag number, state of issue and the make and type of the vehicle used to deliver the metal property to the purchaser;

(f) If a person other than the seller delivers the metal property to the purchaser, the name, address and age of the person who delivers the metal property;

(g) A signed statement from the person receiving consideration in the purchase transaction stating that he is the rightful owner of the metal property or is entitled to sell the metal property being sold;

(h)(i) A scanned copy or a photocopy of the personal identification card of the person receiving consideration in the purchase transaction; or

(ii) If a person other than the seller delivers the metal property to the purchaser, a scanned copy or a photocopy of the personal identification card of the person delivering the metal property to the purchaser; and

(i) A photograph, videotape or similar likeness of the person receiving consideration or any person other than the seller who delivers the metal property to the purchaser in which the person's facial features are clearly visible and in which the metal property the person is selling or delivering is clearly visible.

Such records shall be maintained by the scrap metal dealer or purchaser for not less than two (2) years from the date of the purchase transaction, and such records shall be made available to any law enforcement officer during usual and customary business hours.

(3) The purchaser of metal property must hold the metal property separate and identifiable from other purchases for not less than three (3) business days from the date of purchase. The purchaser shall also photographically capture the metal property in the same form, without change, in which the metal property was acquired, and maintain the photograph for a period of not less than two (2) years. The time and date shall be digitally recorded on the photograph, and the identity of the person taking the photograph shall be recorded. The purchaser shall permit any law enforcement officer to make an inspection of the metal property during the holding period, and of all photographs of the metal property. Any photograph of metal property taken and maintained pursuant to this subsection shall be admissible in any civil or criminal proceeding.

(4) During the usual and customary business hours of a scrap metal dealer or other purchaser, a law enforcement officer, after proper identification as a law enforcement officer, shall have the right to inspect all purchased metal property in the possession of the scrap metal dealer or purchaser.

(5)(a) Whenever a law enforcement officer has reasonable cause to believe that any item of metal property in the possession of a scrap metal dealer or other purchaser has been stolen, a law enforcement officer who has an affidavit from the alleged rightful owner of the property identifying the property with specificity, including any identifying markings, may issue and deliver a written hold notice to the scrap metal dealer or other purchaser. The hold notice shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the hold notice. Upon receipt of the notice, the scrap metal dealer or other purchaser may not process or remove the metal property identified in the notice from the place of business of the scrap metal dealer or purchaser for fifteen (15) calendar days after receipt of the notice, unless sooner released by a law enforcement officer.

(b) No later than the expiration of the fifteen-day period, a law enforcement officer, after receiving additional substantive evidence beyond the initial affidavit, may issue and deliver a second written hold notice, which shall be an extended hold notice. The extended hold notice shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the extended hold notice. Upon receipt of the extended hold notice, the scrap metal dealer or purchaser may not process or remove the items of metal property identified in the notice from the place of business of the scrap metal dealer or purchaser for fifteen (15) calendar days after receipt of the extended hold notice, unless sooner released by a law enforcement officer.

(c) At the expiration of the hold period or, if extended in accordance with this subsection, at the expiration of the extended hold period, the hold is automatically released, then the scrap metal dealer or purchaser may dispose of the metal property unless other disposition has been ordered by a court of competent jurisdiction.

(d) If the scrap metal dealer or other purchaser contests the identification or ownership of the metal property, the party other than the scrap metal dealer or other purchaser claiming ownership of any metal property in the possession of a scrap metal dealer or other purchaser, provided that a timely report of the theft of the metal property was made to the proper authorities, may bring a civil action in the circuit court of the county in which the scrap metal dealer or purchaser is located. The petition for the action shall include the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the scrap metal dealer or other purchaser.

(e) When a lawful owner recovers stolen metal property from a scrap metal dealer or other purchaser who has complied with this section, and the person who sold the metal property to the scrap metal dealer or other purchaser is convicted of a violation of this section, or theft by receiving stolen property under Section 97-17-70, the court shall order the convicted person to make full restitution to the scrap metal dealer or other purchaser, including, without limitation, attorney's fees, court costs and other expenses.

(6) This section shall not apply to purchases of metal property from any of the following:

(a) A law enforcement officer acting in an official capacity;

(b) A trustee in bankruptcy, executor, administrator or receiver who has presented proof of such status to the scrap metal dealer;

(d) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the scrap metal dealer; or

(e) A manufacturing, industrial or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.

(7) It shall be unlawful for any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a scrap metal dealer or other purchaser in return for metal property.

(8) A scrap metal dealer or other purchaser shall not enter into any cash transactions in payment for the purchase of metal property. Payment shall be made by check issued to the seller of the metal, made payable to the name and address of the seller and mailed to the recorded address of the seller, or by electronic funds transfer. Payment shall not be made for a period of three (3) days after the purchase transaction.

(9) If a person acquiring metal property fails to maintain the records orto hold such materials for the period of time prescribed by this section, such failure shall be prima facie evidence that the person receiving the metal property received it knowing it to be stolen in violation of Section 97-17-70.

(10) It shall be unlawful for any person to transport or cause to be transported for himself or another from any point within this state to any point outside this state any metal property, unless the person or entity first reports to the sheriff of the county from which he departs this state transporting such materials the same information that a purchaser in this state would be required to obtain and keep in a record as set forth in subsection (2) of this section. In such a case the sheriff receiving the report shall keep the information in records maintained in his office as a public record available for inspection by any person at all reasonable times. This section shall not apply to a public utility, as that term is defined in Section 77-3-3, engaged in carrying on utility operations; to a railroad, as that term is defined in Section 77-9-5; to a communication service provider, whether wireless or wire line; to a scrap metal dealer; or to a person identified in subsection (6) as being exempt from the provisions of this section.

(11) It shall be unlawful for a scrap metal dealer or other purchaser to knowingly purchase or possess a metal beer keg, or a metal syrup tank generally used by the soft drink industry, whether damaged or undamaged, or any reasonably recognizable part thereof, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal. However, it shall not be unlawful to purchase or possess a metal syrup tank generally used by the soft drink industry if the scrap metal dealer or other purchaser obtains a bill of sale at the time of purchase from a seller if the seller is a manufacturer of such tanks, a soft drink company or a soft drink distributor.

(12) It shall be unlawful to sell to a scrap metal dealer any bronze vase and/or marker, memorial, statue, plaque, or other bronze object used at a cemetery or other location where deceased persons are interred or memorialized, or for any such dealer to purchase those objects, unless the source of the bronze is known and notice is provided to the municipal or county law enforcement agency where the dealer is located. The notice shall identify all names, letters, dates and symbols on the bronze and a photograph of the bronze shall be attached thereto. Written permission from the cemetery and the appropriate law enforcement agency must be received before any type of bronze described in this subsection may be purchased, processed, sold or melted.

(13) It shall be unlawful for any scrap metal dealer to purchase any manhole cover and other similar types of utility access covers, including storm drain covers, or any metal property clearly identified as belonging to a political subdivision of the state or a municipality, unless that metal property is purchased from the political subdivision, the municipal utility or the manufacturer of the metal. Any purchaser who purchases metal property in bulk shall be allowed twenty-four (24) hours to determine if any metal property prohibited by this subsection is included in a bulk purchase. If such prohibited metal property is included in a bulk purchase, the purchaser shall notify law enforcement no later than twenty-four (24) hours after the purchase.

(14) It shall be unlawful for a scrap metal dealer or other purchaser to purchase metal property from a person younger than eighteen (18) years of age.

(15) Metal property may not be purchased, acquired or collected between the hours of 9:00 p.m. and 6:00 a.m.

(16) Except as provided in this subsection, any person willfully or knowingly violating the provisions of this section shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) per offense, unless the purchase transaction or transactions related to the violation, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft of or removal of the metal property, are in aggregate an amount which exceeds Five Hundred Dollars ($500.00), in which case the person shall be guilty of a felony and shall be imprisoned in the custody of the Department of Corrections for a term not to exceed ten (10) years, fined not more than Ten Thousand Dollars ($10,000.00), or both. Any person found guilty of stealing metal property or receiving metal property, knowing it to be stolen in violation of Section 97-17-70, shall be ordered to make full restitution to the victim, including, without limitation, restitution for property damage that resulted from the theft of the property.

(17) This section shall not be construed to repeal other criminal laws. Whenever conduct proscribed by any provision of this section is also proscribed by any other provision of law, the provision which carries the more serious penalty shall be applied.

(18) This section shall apply to all businesses regulated under this section without regard to the location within the State of Mississippi.

(19) This section shall not be construed to prohibit municipalities and counties from enacting and implementing ordinances, rules and regulations that impose stricter requirements relating to purchase transactions.

CREDIT(S)

Laws 1966, Ch. 390, §§ 1 to 3; Laws 1971, Ch. 474, §§ 1 to 5; Laws 1989, Ch. 578, § 1; Laws 1993, Ch. 359, § 2, eff. July 1, 1993. Amended by Laws 2008, 1st Ex. Sess., Ch. 29, § 1, eff. sixty days after passage (approved June 9, 2008); Laws 2012, Ch. 536, § 1, eff. July 1, 2012.

Miss. Code Ann. § 97-17-71.1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-71.1. Registration of scrap metal dealers; requirement; violations; penalties

(1)(a) From and after August 7, 2008, it shall be unlawful for any scrap metal dealer or any person who purchases scrap metal, deals in scrap metal, or otherwise engages in the scrap metal business to fail to register with the Secretary of State. All registrations under this section shall expire two (2) years from the date of the registration or the renewal thereof.

(b) The Secretary of State may promulgate and adopt such rules and regulations as are reasonably necessary to carry out the provisions of this section and establish such registration and renewal fees as are adequate to cover the administrative costs associated with the registration program.

(c) The Secretary of State may deny, suspend, revoke or refuse to renew any registration following notice to the applicant or registrant in accordance with the promulgated rules and an opportunity for a hearing for any failure to comply with this section, or for other good cause.

(2) A violation of this section is a misdemeanor punishable by a fine of not less than Five Hundred Dollars ($500.00) but not to exceed One Thousand Dollars ($1,000.00) for the first offense. Any person who shall be guilty of any subsequent violations of this section requiring registration shall be guilty of a felony offense and shall be imprisoned in the custody of the Department of Corrections for a term not to exceed three (3) years, fined not more than Five Thousand Dollars ($5,000.00), or both.

(3)(a) To register or renew registration, the registrant must declare, under penalty of perjury, whether such registrant has ever been convicted of a violation of Section 97-17-71 or convicted of a criminal offense of larceny, burglary or vandalism, where the offense involved metal property as defined in Section 97-17-71.

(b)(i) An applicant who has been convicted of a violation of Section 97-17-71, or who has a conviction for a criminal offense of larceny, burglary or vandalism where such offense involved metal property, shall be prohibited from registering under this section for five (5) years from the date of conviction.

(ii) Any false statement submitted to the Secretary of State for the purpose of unlawfully registering under this section shall be punished as perjury in the manner provided in Section 97-9-61, and a person so convicted shall be disqualified for life from registering as a scrap metal dealer under this section.

(4) The Secretary of State shall immediately report any suspected criminal violation accompanied by all relevant records to the Office of Attorney General and the appropriate district attorney for further proceedings.

(5) The Secretary of State shall have the authority to:

(a) Conduct and carry out criminal background history verification of the information provided by the applicant or registrant and to require the submission of information and forms from the applicant or registrant in order to accomplish the registration duties imposed by this section;

(b) Issue a cease and desist order, with a prior hearing, against the scrap metal dealer or other purchaser alleged to be in violation of this section, directing the person or persons to cease and desist from further illegal activity;

(c)(i) Issue an order against any scrap metal dealer or other purchaser for any violation of this section, imposing an administrative penalty up to a maximum of One Thousand Dollars ($1,000.00) for each offense. Each violation shall be considered a separate offense in a single proceeding or a series of related proceedings. Any administrative penalty, plus reimbursement for all costs and expenses incurred in the investigation of the violation and any administrative proceedings, shall be paid to the Secretary of State;

(ii) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under paragraph (c)(i) of this subsection, the Secretary of State shall consider, among other factors, the frequency, persistence and willfulness of the conduct constituting a violation of this section or any rule or order hereunder; the number of persons adversely affected by the conduct; and the resources of the person committing the violation;

(d) Bring an action in chancery court to enjoin the acts or practices complained of to enforce compliance with this section or any rule promulgated or order entered hereunder. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets. In addition, upon a proper showing by the Secretary of State, the court may enter an order of rescission or restitution directed to any person who has engaged in any act constituting a violation of any provision of this section or any rule or order hereunder, or the court may impose a civil penalty up to a maximum of One Thousand Dollars ($1,000.00) for each offense, provided that each violation shall be considered as a separate offense in a single proceeding or a series of related proceedings. The court may not require the Secretary of State to post a bond.

CREDIT(S)

Added by Laws 2008, 1st Ex. Sess., Ch. 29, § 2, eff. sixty days after passage (approved June 9, 2008).

Miss. Code Ann. § 97-17-71.2

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-71.2. Registration of scrap metal dealers; air conditioner evaporator coils or condensers; purchase restrictions; penalties for violations

(1) It is an offense for a scrap metal dealer or other purchaser to pay cash to a person who presents an air conditioner evaporator coil or condenser, in whole or in part, for sale as scrap, or for such dealer to make payment of any kind at the time of the transaction.

(2) Scrap metal described in subsection (1) may only be sold for scrap by an authorized agent, representative or employee of one (1) of the following:

(a) A licensed HVAC contractor who acquired the evaporator coil or condenser in the performance as a contractor as defined in Section 31-3-1;

(b) A company meeting all local or municipal requirements to obtain a permit from that jurisdiction to repair, replace and install HVAC units containing copper evaporator coils or condensers;

(c) Where the jurisdiction does not require a permit to repair, replace and install HVAC units containing copper evaporator coils or condensers, by a company holding a privilege license indicating the business as that of an HVAC installer or repairer; or

(d) A company holding a privilege license indicating the business as that of an HVAC installer or repairer.

(3) The person offering an air conditioner evaporator coil or condenser for sale as scrap on behalf of a company listed in subsection (2) shall have in the person's possession documentation that the company for whom it is being sold is a company described in subsection (2), and that the person selling the evaporator coil or condenser is an authorized agent, representative or employee of that company.

(4) Payment for scrap metal described in subsection (1) must be made by check or money order, mailed to the business address of the company for whom the metal is being sold, and the name of the company must be the payee on the check.

(5)(a) A violation of this section is a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) per offense.

(b) Nothing in this section shall be construed to preclude a person violating this section from also being prosecuted for any other applicable criminal offense.

CREDIT(S)

Added by Laws 2008, 1st Ex. Sess., Ch. 29, § 3, eff. sixty days after passage (approved June 9, 2008).

Miss. Code Ann. § 97-17-73

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-73. Removal of agricultural products to defeat or impair lien

Any person who, with notice of an employer's, employee's, laborer's, cropper's, part-owner's, or landlord's lien on any agricultural products, and with intent to defeat or impair the lien shall remove from the premises on which it was produced, or shall conceal, or aid or assist to remove or conceal, anything subject to such lien, and upon which any other person shall have such lien, without the consent of such person, shall, upon conviction, be punished by a fine of not more than five hundred dollars, and by imprisonment in the county jail not more than six months, or by either.

Miss. Code Ann. § 97-17-75

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-75. Removal from county of personal property subject to lien

Any person who shall remove, or cause to be removed, or aid or assist in removing from the county in which it may be, any personal property which may be the subject of a pledge, mortgage, deed of trust, conditional sales contract, lien of a lessor of lands, or lien by judgment, or any other lien of which such party has notice, without the consent of the holder of such encumbrance or lien, or who shall conceal or secrete such property, or who shall sell or dispose of the same or any part thereof without the consent of the mortgagee or beneficiary, or conditional vendor, with intent to defraud the holder of the encumbrance or lien, whether any of these acts shall be done before or after the maturity of the debt secured by the lien, and shall not immediately discharge such encumbrance or lien or pay to the holder of such lien or encumbrance the value of such property in event same is less than the amount of such lien or encumbrance, shall, upon conviction, be imprisoned in the custody of the Department of Corrections not more than three (3) years, or be fined not more than Five Thousand Dollars ($5,000.00), or both.

CREDIT(S)

Laws 1954, Ch. 237, § 2, eff. from and after passage (approved May 4, 1954); Amended by Laws 2005, Ch. 511, § 5, eff. July 1, 2005.

Miss. Code Ann. § 97-17-77

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-77. Removal from state of personal property subject to lien

If any person shall move, or cause to be removed, to any place beyond the jurisdiction of this state, any personal property which shall at the time of such removal be under written pledge, or mortgage, or deed of trust, or conditional sales contract, or lien by judgment, or any other lien in this state, with intent to defraud the pledgee, mortgagee, trustee, cestui que trust, conditional vendor, or creditor, he shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned in the county jail not more than twelve (12) months, or both. The removal with intent to defraud of such property valued at four hundred dollars ($400.00) or more shall be a felony punishable upon conviction by a fine of not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00), or by imprisonment in the penitentiary not less than one (1) nor more than three (3) years, or by both.

CREDIT(S)

Laws 1954, Ch. 237, § 1; Laws 1975, Ch. 459, § 1, eff. July 1, 1975.

Miss. Code Ann. § 97-17-79

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-79. Cutting boxes in pine tree on another's land

If any person shall box for turpentine, or cut or cause to be cut, a box or boxes in a pine tree growing on land known to belong to another, without the consent of the owner, he shall, on conviction, be fined not less than five dollars nor more than twenty dollars for each tree so cut or boxed, or be imprisoned in the county jail not exceeding three months, or both.

Miss. Code Ann. § 97-17-81

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-81. Cutting trees upon another's land

If any person shall cut or raft any cypress, pine, oak, gum, hickory, pecan, walnut, mulberry, poplar, cottonwood, sassafras, or ash trees or timber upon any lands belonging to any other person or corporation, without permission from the owner thereof, or his agent duly authorized, such person shall, on conviction, be imprisoned in the county jail not more than five months, or fined not less than ten dollars nor more than one thousand dollars, or both.

Miss. Code Ann. § 97-17-83

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-83. Injuring shade or ornamental trees

If any person shall wilfully injure or destroy any shade tree or any ornamental tree not his own, on any highway or street, or in any yard, garden, or park, he shall, on conviction, be fined not less than five dollars nor more than twenty dollars for each tree so injured or destroyed, or shall be imprisoned in the county jail not less than ten days nor more than thirty days for each offense.

Miss. Code Ann. § 97-17-84

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-84. Removal of sea oats

Any person who removes a plant commonly known as “sea oats” or “uniola paniculata” from the shores of this state shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than Five Hundred Dollars ($500.00).

CREDIT(S)

Laws 1989, Ch. 453, § 1, eff. July 1, 1989.

Miss. Code Ann. § 97-17-85

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-85. Trespass upon enclosed land

Except as otherwise provided in Section 73-13-103, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense. The provisions of this section shall apply to land not enclosed where the stock law is in force.

CREDIT(S)

Laws 1997, Ch. 425, § 2, eff. July 1, 1997.

Miss. Code Ann. § 97-17-87

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-87. Willful or malicious trespass

(1) Any person who shall be guilty of a willful or malicious trespass upon the real or personal property of another, for which no other penalty is prescribed, shall, upon conviction, be fined not exceeding Five Hundred Dollars ($500.00), or imprisoned not longer than six (6) months in the county jail, or both.

(2)(a) Any person who shall willfully trespass upon any air operations area or sterile area of an airport serving the general public shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for up to one (1) year, or both.

(b) For the purposes of this subsection (2), “air operations area” means a portion of an airport designed and used for landing, taking off, or surface maneuvering of airplanes; “sterile area” means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program.

CREDIT(S)

Amended by Laws 2001, Ch. 475, § 1, eff. from and after passage (approved March 23, 2001).

Miss. Code Ann. § 97-17-89

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-89. Theft or destruction; vegetation

Any person who shall enter upon the closed or unenclosed lands of another or of the public and who shall willfully and wantonly gather and unlawfully sever, destroy, carry away or injure any trees, shrubs, flowers, moss, grain, turf, grass, hay, fruits, nuts or vegetables thereon, where such action shall not amount to larceny, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars ($500.00), or be imprisoned not exceeding six (6) months in the county jail, or both; and a verdict of guilty of such action may be rendered under an indictment for larceny, if the evidence shall not warrant a verdict of guilty of larceny, but shall warrant a conviction under this section.

CREDIT(S)

Laws 1958, Ch. 264, § 1; Laws 1962, Ch. 323, § 3, eff. from and after passage (approved March 1, 1962).

Miss. Code Ann. § 97-17-91

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-91. Tampering with posted notices

Any person who shall deface, remove, alter or destroy any notice placed upon any lands by the owner thereof or his agent posting or otherwise prohibiting the entrance upon any lands in this state shall, upon conviction, be fined not more than fifty dollars ($50.00) for each such notice defaced, removed, altered or destroyed.

CREDIT(S)

Laws 1962, Ch. 323, § 2, eff. from and after passage (approved May 31, 1962).

Miss. Code Ann. § 97-17-93

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-93. Entry without permission

(1) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of Two Hundred Fifty Dollars ($250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment. This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, or to persons entering upon such lands for lawful business purposes.

(2)(a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.

(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.

(3) The provisions of this section are supplementary to the provisions of any other statute of this state.

(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.

CREDIT(S)

Laws 1962, Ch. 323, § 1; Laws 1976, Ch. 404, § 1; Laws 1978, Ch. 417, § 1; Laws 1984, Ch. 504, § 1; Laws 1987, Ch. 331, § 1; Laws 1997, Ch. 425, § 3, eff. July 1, 1997. Amended by Laws 2008, Ch. 545, § 2, eff. July 1, 2008.

Miss. Code Ann. § 97-17-95

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-95. Trespass on nuclear facilities

It shall be unlawful for any person to wilfully enter or trespass within the premises of any person, firm or corporation manufacturing or constructing or erecting or assembling or maintaining or repairing or operating any nuclear powered machinery, equipment or vessels, or rockets, missiles, propulsion systems, explosives or other dangerous devices, or parts thereof, with the intent to commit any crime under the laws of this state, or of the United States, or pursuant to a conspiracy to commit any such crime or in an attempt to commit any such crime. Any person convicted of a violation of this section shall be adjudged guilty of a felony, and punished by a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment in the state penitentiary not to exceed five (5) years, or both such fine and imprisonment, in the discretion of the court. Any person wilfully entering or trespassing within such premises, if found within any area designated as a restricted area therein, shall be guilty of a violation of this section.

CREDIT(S)

Laws 1962, Ch. 324, § 1, eff. from and after passage (approved May 31, 1962).

Miss. Code Ann. § 97-17-97

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-97. Trespass after warning

(1) Except as otherwise provided in Section 73-13-103, if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another, including the premises of any public housing authority after having been banned from returning to the premises of the housing authority, whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person, or by the administrators of a public housing authority regardless of whether or not having been invited onto the premises of the housing authority by a tenant, or after having been forbidden to do so by such sign or signs posted on, or in such building, premises or land, or part, or portion, or area thereof, at a place or places where such sign or signs may be reasonably seen, such person or persons shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

(2) The provisions of this section are supplementary to the provisions of any other statute of this state.

CREDIT(S)

Laws 1960, Ch. 246, §§ 1, 2; Laws 1997, Ch. 471, § 1; Laws 1997, Ch. 425, § 4, eff. July 1, 1997.

Miss. Code Ann. § 97-17-99

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-99. Incitement to trespass

(1) If any person or persons shall incite, or solicit, or urge, or encourage, or exhort, or instigate, or procure any other person or persons to go into or upon or to remain in or upon any building, or premises, or land of another whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, knowing such other person or persons to have been forbidden, either orally or in writing including any sign hereinafter mentioned, to do so by any owner, or lessee, or custodian, or other authorized person, or knowing such other person or persons to have been forbidden to do so by a sign or signs posted in or upon such building, or premises, or land, or part, or portion thereof, at a place or places where it or they may be reasonably seen, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

(2) The provisions of this section are supplementary to the provisions of any other statute of this state.

CREDIT(S)

Laws 1960, Ch. 245, §§ 1, 2, eff. from and after passage (approved March 23, 1960).

Miss. Code Ann. § 97-17-101

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-101. Repealed by Laws 1989, Ch. 469, § 9, eff. July 1, 1989

Miss. Code Ann. § 97-17-103

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

In General

§ 97-17-103. No recovery for injury suffered by criminal trespasser

(1) As used in this section:

(a) “Perpetrator” means a person who has engaged in criminal trespass and includes a person convicted of trespass under applicable state law;

(b) “Victim” means a person who was the object of another's criminal trespass and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm;

(d) “Convicted” includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, an admission to a juvenile delinquency petition, or a disposition as an extended jurisdiction juvenile; and

(e) “Trespass” means an offense named in Sections 97-17-1 through 97-17-97, Mississippi Code of 1972, or any attempt to commit any of these offenses. Trespass includes crimes in other states or jurisdictions which would have been within the definition set forth in this subdivision if they had been committed in this state.

(2) A perpetrator assumes the risk of loss, injury or death resulting from or arising out of a course of criminal trespass, as defined in this section, engaged in by the perpetrator or an accomplice, and the crime victim is immune from and not liable for any civil damages as a result of acts or omissions of the victim.

(3) Notwithstanding other evidence which the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to the civil action, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.

(4) In a civil action that is subject to this section, the court shall award reasonable expenses, including attorney's fees and disbursements, to the prevailing party.

(5) Except to the extent needed to preserve evidence, any civil action in which the defense set forth in subsection (2) is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged trespass.

CREDIT(S)

Laws 1997, Ch. 471, § 2, eff. from and after passage (approved March 27, 1997).

Miss. Code Ann. § 97-17-121

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

Defendant's Liability for Value of Property Damaged, Destroyed, Taken or Converted

§§ 97-17-121 to 97-17-127. Repealed by Laws 1978, Ch. 400, § 11, eff. July 1, 1978

Miss. Code Ann. § 97-17-127

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 17. Crimes Against Property

Defendant's Liability for Value of Property Damaged, Destroyed, Taken or Converted

§§ 97-17-121 to 97-17-127. Repealed by Laws 1978, Ch. 400, § 11, eff. July 1, 1978

Miss. Code Ann. § 97-19-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-1. Repealed by Laws 1972, Ch. 476, § 10, eff. July 1, 1972

Miss. Code Ann. § 97-19-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-3. Repealed by Laws 1982, Ch. 423, § 27, eff. March 31, 1982

Miss. Code Ann. § 97-19-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-5. Mississippi Credit Card Crime Law

Sections 97-19-5 to 97-19-29 shall be known as the “Mississippi Credit Card Crime Law of 1968.”

CREDIT(S)

Laws 1968, Ch. 345, § 1, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-7. Construction

Sections 97-19-5 to 97-19-29 shall not be construed so as to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates said sections, unless such provision is inconsistent with the terms of said sections.

CREDIT(S)

Laws 1968, Ch. 345, § 13, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-9. Definitions

The following words and phrases as used in sections 97-19-5 through 97-19-29 shall have the following meanings ascribed to them, unless a different meaning is plainly required by the context:

(a) “Cardholder” is defined as the person or organization named on the face of a credit card, as defined hereinafter, to whom or for whose benefit the credit card is issued by an issuer.

(b) “Credit card” is defined as any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder or one authorized by him in obtaining money, goods, property, services or anything else of value on credit or in consideration of an undertaking or guaranty of the issuer of the payment of a check or draft drawn by the cardholder or one authorized by him, and shall include a card issued by a financial institution to be used in operating an automatic unmanned cash dispensing machine.

(d) “Issuer” is defined as any business organization or financial institution, including but not limited to merchants, state and national banks, and any and all other persons, firms, corporations, trusts, and organizations, or any duly authorized agent thereof, which issues a credit card.

(e) “Receives” or “receiving” is defined as acquiring possession of or control of or accepting as security for a loan a credit card.

(f) “Revoked credit card” is defined as a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.

(g) A credit card is “incomplete” if part of the matter other than the signature of the cardholder which an issuer requires to appear on the credit card before it can be used by a cardholder has not been stamped, embossed, imprinted or written on said card.

(h) A person “falsely makes” a credit card when he makes or draws in whole or in part a device or instrument which purports to be the credit card of a named issuer, but which is not in fact such a credit card because the issuer did not authorize the making or drawing of said card; or when one materially alters a credit card which was validly issued.

(i) A person “falsely embosses” a credit card when, without the authorization of the named issuer, he completes a credit card by adding any other matter than the signature of the cardholder which an issuer requires to appear on the credit card before it can be used by a cardholder.

CREDIT(S)

Laws 1968, Ch. 345, § 2; Laws 1979, Ch. 402, § 1, eff. July 1, 1979.

Miss. Code Ann. § 97-19-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-11. Obtaining card by false statements

Any person who makes or causes to be made either directly or indirectly any false statement in writing with intent that it be relied upon with respect to his identity or that of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card is guilty of a misdemeanor.

CREDIT(S)

Laws 1968, Ch. 345, § 3, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-13. Theft of card

A person who takes a credit card from the person, possession, custody or control of another by acts constituting statutory larceny, common law larceny by trespassory taking, common law larceny by trick, embezzlement, false pretense or extortion, or by any other method known to the criminal law of this state, without the cardholder's consent, or who, with knowledge that a credit card has been so taken, receives the credit card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder or one authorized by him to receive it is guilty of credit card theft.

A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer violates sections 97-19-5 to 97-19-29.

Any person other than the issuer or cardholder or members of his immediate family who, during any consecutive twelve-month period, receives two (2) or more credit cards not issued in his name and which cards he has reason to know were taken or retained under circumstances which constitute credit card theft under this section or a violation of section 97-19-11 is considered to be in violation of sections 97-19-5 to 97-19-29.

CREDIT(S)

Laws 1968, Ch. 345, § 4, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-15. Obtaining card as security

Any person, who, with intent to defraud the issuer, a person or organization providing money, goods, property, services or anything else of value, or any other person, obtains control of a credit card as security for debt is guilty of a misdemeanor.

CREDIT(S)

Laws 1968, Ch. 345, § 5, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-17. Credit card forgery

Every person who, with intent to defraud a purported cardholder, issuer, or a person or organization providing money, goods, property, services or anything else of value, falsely makes or alters or embosses a card purporting to be a credit card or other such credit device is guilty of credit card forgery.

CREDIT(S)

Laws 1968, Ch. 345, § 6, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-19. Signing card with intent to defraud

Any person other than the cardholder or a person authorized by him, who, with intent to defraud the cardholder, issuer, or a person or organization providing money, goods, property, services, or anything else of value, signs a credit card, violates sections 97-19-5 to 97-19-29.

CREDIT(S)

Laws 1968, Ch. 345, § 7, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-21. Procuring money, goods, or services with intent to defraud

(1) It is unlawful for any person, with intent to defraud the cardholder, the issuer, a person or organization providing money, goods, property, services or anything else of value, or any other person, (a) to use a credit card or credit card number obtained or retained in violation of Sections 97-19-5 to 97-19-29, or a credit card which he knows is forged, for the purpose of obtaining money, goods, property, services or anything else of value, or (b) to obtain money, goods, property, services or anything else of value (i) by representing without the consent of the cardholder that he is the holder of a specified card, or (ii) by representing that he is the holder of a card when he has reason to know that such card has not in fact been issued, or (iii) by representing that he has been authorized to use the credit card or credit card number.

(2) It is unlawful for any person, with intent to defraud the cardholder or issuer of a credit card used in the operation of an automatic unmanned cash dispensing machine, to use such card for the purpose of obtaining money from such machine.

(3) Any person convicted for a violation of subsection (1) or (2) of this section shall be punished as follows:

(a) For a first offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($100.00), the person committing the offense shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.

(b) For a second or subsequent offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($100.00), the person committing the offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary for a term not to exceed three (3) years, or by both such fine and imprisonment.

(c) Whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is One Hundred Dollars ($100.00) or more, the person committing the offense, whether the offense is a first, second or subsequent offense, shall be guilty of a felony and such person, upon conviction, shall be punished as provided in paragraph (3)(b) of this section.

(4) For the purpose of determining the punishment to be imposed under subsection (3) of this section, the value of all money, goods, property, services and other things of value obtained or attempted to be obtained by two (2) or more uses of the same credit card shall be aggregated.

CREDIT(S)

Laws 1968, Ch. 345, § 8; Laws 1979, Ch. 402, § 2; Laws 1992, Ch. 384, § 1, eff. July 1, 1992.

Miss. Code Ann. § 97-19-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-23. Furnishing money, goods, or services on unlawful card

Any person or any agent of said person who is authorized to furnish money, goods, property, services, or anything else of value upon presentation of a credit card by the cardholder or one authorized by him, who, with intent to defraud the issuer, furnishes money, goods, property, services, or anything of value upon presentation of a credit card which he knows to have been obtained in violation of sections 97-19-5 to 97-19-29 or a credit card which he knows to be forged, is considered to be in violation of said sections.

Any person or any agent of said person who is authorized by an issuer to furnish money, goods, property, services, or anything else of value upon presentation of a credit card by the cardholder or one authorized by him, who with intent to defraud the issuer or the cardholder, fails to furnish money, goods, property, services, or anything else of value which he represents in writing to the issuer to have been furnished, is guilty of violation of sections 97-19-5 to 97-19-29.

CREDIT(S)

Laws 1968, Ch. 345, § 9, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-25. Possession of incomplete cards with intent to complete; possession of reproduction machinery or plates

Any person other than the cardholder or one authorized by him possessing two (2) or more incomplete credit cards, with the intent to complete them without the consent of the issuer or the cardholder, or a person possessing, with knowledge of their character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be credit cards of an issuer who has not in fact consented to the preparation of such credit cards, is guilty of a misdemeanor.

CREDIT(S)

Laws 1968, Ch. 345, § 10, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-27. Money, goods or services received in violation of preceding sections

Any person who receives money, goods, property, services, or anything else of value obtained in violation of sections 97-19-5 to 97-19-29 and knowing or believing that it was so obtained violates said sections.

CREDIT(S)

Laws 1968, Ch. 345, § 11, eff. 60 days after passage (approved August 8, 1968).

Miss. Code Ann. § 97-19-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-29. Penalties

Except as otherwise provided in Section 97-19-21, any person who violates any of the provisions of Sections 97-19-5 to 97-19-29 or commits any of the offenses described therein shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or to imprisonment for a term not to exceed one (1) year, or both.

CREDIT(S)

Laws 1968, Ch. 345, § 12; Laws 1992, Ch. 384, § 2, eff. July 1, 1992.

Miss. Code Ann. § 97-19-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-31. Use of false, counterfeit or expired telephone number, credit number or credit device; assisting fraudulent scheme; fraudulently obtaining

(1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious, counterfeit or expired telephone number, credit number or other credit device, or by the use of any telephone number, credit number or other credit device of another without the authority of the person to whom such number or device was issued, or by the use of any telephone number, credit number or other credit device in any case where such number or device has been revoked and notice of revocation has been given to the person to whom issued.

(2) It shall be unlawful for any person to use or to assist another to use a credit number or other credit device in connection with any fraudulent scheme, means or method with intent to defraud the issuer of such credit number or other credit device.

(3) It shall be unlawful for any person to obtain or attempt to obtain by the use of any false or fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph, or over telephone or telegraph facilities.

(4) The word “notice” as used in subsection (1) of this section shall be construed to include either notice given in person or notice given in writing to the person to whom the number or device was issued. The sending of a notice in writing personally signed by the issuer or his duly authorized agent or employee by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last address known to the issuer, shall be prima facie evidence that such notice was duly received.

(5) Any person who violates any provision of subsections (1), (2) or (3) of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or imprisonment for not more than one (1) year, or by both such fine and imprisonment.

CREDIT(S)

Laws 1960, Ch. 248, §§ 1 to 5; Laws 1968, Ch. 345, § 15; Laws 1986, Ch. 326, § 1, eff. July 1, 1986.

Miss. Code Ann. § 97-19-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-33. False representation or impersonation of another to perform certain acts

Every person who shall falsely represent or personate another, and in such assumed character shall marry another, or become bail or surety for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety; or confess any judgment, or acknowledge the execution of any conveyance of real estate, or of any other instrument which by law may be recorded; or do any other act in the course of any suit, proceeding, or prosecution, whereby the person so represented or personated might be made liable in any event to the payment of any debt, damages, costs, or sum of money, or his rights or interests in any manner be affected if the same were legal shall, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding ten years. An indictment under this section for marrying shall not be found unless on the complaint of the injured party, before cohabitation, after knowledge of the fraud.

Miss. Code Ann. § 97-19-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-35. False representation or impersonation of another to receive money or valuable property

Every person who shall falsely represent or personate another, and, in such assumed character, shall receive any money or valuable property of any description, intended to be delivered to the individual so personated, shall, upon conviction, be punished in the same manner and to the same extent as for feloniously stealing the money or property so received.

Miss. Code Ann. § 97-19-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-37. Masquerading as deaf person

No person in this state shall engage in the business of peddling finger alphabet cards or printed matter stating that the person is deaf or use finger alphabet cards or such printed matter or masquerade as a deaf person in any way as a means of inducement in the sale of merchandise. Any person who peddles finger alphabet cards or such printed matter or uses the same or masquerades as a deaf person in any way as a means of inducement in the sale of merchandise in this state shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed two hundred fifty dollars ($250.00) or imprisoned for a term not to exceed three (3) months, or in the discretion of the court, shall be subject to both such fine and imprisonment.

CREDIT(S)

Laws 1962, Ch. 313, § 1, eff. June 1, 1962.

Miss. Code Ann. § 97-19-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-39. Obtaining signature, money or valuable thing with intent to defraud

(1) Every person who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by another false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, or valuable thing, with a value of less than Five Hundred Dollars ($500.00), upon conviction thereof, shall be guilty of a misdemeanor and punished by imprisonment in the county jail not exceeding six (6) months, and by fine not exceeding One Thousand Dollars ($1,000. 00).

(2) Every person, who with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by another false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, or valuable thing, with a value of Five Hundred Dollars ($500.00) or more, upon conviction thereof shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00).

CREDIT(S)

Amended by Laws 2003, Ch. 499, § 5, eff. July 1, 2003.

Miss. Code Ann. § 97-19-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-41. Using false negotiable instruments

If the false token by which any money, personal property, or valuable thing shall be obtained, as specified in section 97-19-39, be a promissory note, or other negotiable evidence of debt, purporting to have been issued by or under the authority of any person, banking company, or moneyed corporation not in existence, the person convicted of such cheat shall be punished by imprisonment in the penitentiary not exceeding seven years.

Miss. Code Ann. § 97-19-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-43. Unauthorized use of insignia of patriotic organizations

Any person not being a member of the Confederate Veterans, of the Daughters of the Confederacy, of the Sons of Confederate Veterans, of the Sons of the American Revolution, of the Daughters of the American Revolution, of the Colonial Dames, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Military Order of the Foreign Wars of the United States, or the American Legion, of the American Legion Auxiliary, Veterans of Foreign Wars, Veterans of Foreign Wars Auxiliary, Disabled American Veterans, Disabled American Veterans Auxiliary, American Veterans of World War II, American Veterans of World War II Auxiliary, of the Masons, of the Woodmen of the World, of the Knights of Pythias, or of any other patriotic or fraternal organization, who shall wilfully wear the insignia, distinctive ribbons or membership rosette or button or any imitation thereof, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. Provided however that these emblems may be worn, by consent, by those nearest of kin.

CREDIT(S)

Laws 1948, Ch. 507, § 1, eff. from and after passage (approved March 16, 1948).

Miss. Code Ann. § 97-19-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-45. Producing child to intercept inheritance

Every person who shall fraudulently produce an infant, falsely pretending it to have been born of parents whose child would have been entitled to a share of any personal estate, or to inherit any real estate, with the intent of intercepting the inheritance of any such real estate, or the distribution of any such personal property from any person lawfully entitled thereto, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding ten years.

Miss. Code Ann. § 97-19-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-47. Receiving deposits into insolvent bank

The officers or employees of any bank or branch bank who shall receive any deposit knowing or having reason to believe that such bank or branch bank is insolvent, and the owners of any bank or branch bank who shall receive any deposit knowing that such bank or branch bank is insolvent, shall be deemed guilty of a felony and punished, upon conviction therefor, by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the state penitentiary for not more than two years, nor less than one year, or by both such fine and imprisonment at the discretion of the court, for each offense.

CREDIT(S)

Laws 1934, Ch. 146, § 76, eff. from and after passage (approved April 2, 1934).

Miss. Code Ann. § 97-19-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-49. Registering animal with false pedigree

If any person shall, by any false pretense whatever, obtain from any person, club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or goats, or other domestic animal, the registration of any animal in the herd register, or other register of such person, club, association, society, or company, or a transfer of any such registration, and every person who shall knowingly publish or give to any person, club, association, society, or company a false pedigree of any animal, shall be guilty of a misdemeanor, and, on conviction, shall be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or both.

Miss. Code Ann. § 97-19-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-51. Sale of encumbered property without disclosing lien

If any person shall sell, barter, or exchange or mortgage, or give deed of trust on, any property, real or personal, which he had before sold, bartered, or exchanged, or obligated himself to sell, barter, or exchange, or which he had mortgaged, or in any manner encumbered, or on which he knows there is a lien of any kind by contract or by law, without informing the person to whom he so sells, barters, exchanges, or bargains, or mortgages or gives deed of trust on it, of the exact state of the property as affected by said acts or of the lien or incumbrance thereon, he shall be guilty of obtaining under false pretenses whatever he received from the person dealing with him, and shall, on conviction, be punished therefor, as for obtaining goods under false pretenses.

Miss. Code Ann. § 97-19-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-53. Substitution of child

Every person to whom an infant, under the age of six years, shall be confided for nursing, education, or any other purpose, who shall, with intent to deceive any parent or guardian of such child, substitute and produce to such parent or guardian another child in the place of the one so confided, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding seven years.

Miss. Code Ann. § 97-19-55

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-55. Bad checks, generally

(1) It shall be unlawful for any person with fraudulent intent:

(a) To make, draw, issue, utter or deliver any check, draft or order to obtain money, delivery of other valuable property, services, the use of property or credit extended by any licensed gaming establishment drawn on any real or fictitious bank, corporation, firm or person, knowing at the time of making, drawing, issuing, uttering or delivering said check, draft or order that the maker or drawer has not sufficient funds in or on deposit with such bank, corporation, firm or person for the payment of such check, draft or order in full, and all other checks, drafts or orders upon such funds then outstanding;

(b) To close an account without leaving sufficient funds to cover all outstanding checks written on such account.

(2) For purposes of Sections 97-19-55 through 97-19-69:

(a) “Check” includes a casino marker issued to any licensed gaming establishment.

(b) “Credit” means an arrangement or understanding with a bank, corporation, firm or person for the payment of a check or other instrument.

CREDIT(S)

Laws 1972, Ch. 476, § 1; Laws 1983, Ch. 523, § 1; Laws 1998, Ch. 477, § 1, eff. July 1, 1998. Amended by Laws 2002, Ch. 311, § 1, eff. July 1, 2002; Laws 2009, Ch. 454, § 2, eff. July 1, 2009.

Miss. Code Ann. § 97-19-57

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-57. Presumption of fraudulent intent; notice

(1) As against the maker or drawer thereof, the making, drawing, issuing, uttering or delivering of a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence and create a presumption of intent to defraud and of knowledge of insufficient funds in, or on deposit with, such bank, corporation, firm or person, provided such maker or drawer shall not have paid the holder thereof the amount due thereon, together with a service charge of Forty Dollars ($40.00), within fifteen (15) days after receiving notice that such check, draft or order has not been paid by the drawee.

(2) For purposes of Section 11-7-12, the form of the notice provided for in subsection (1) of this section shall be sent by regular mail and shall be substantially as follows: “This statutory notice is provided pursuant to Section 97-19-57, Mississippi Code of 1972. You are hereby notified that a check, draft or order numbered __________, apparently issued by you on __________ (date), drawn upon __________ (name of bank), and payable to __________, has been dishonored. Pursuant to Mississippi law, you have fifteen (15) days from receipt of this notice to tender payment of the full amount of such check, draft or order, plus a service charge of Forty Dollars ($40.00), the total amount due being $__________. Failure to pay this amount in full within the time specified above shall be prima facie evidence of and create a presumption of both the intent to defraud and the knowledge of insufficient funds in, or on deposit with, such bank in violation of Section 97-19-55.”

(3) For purposes of Section 97-19-67, the form of the notice provided for in subsection (1) of this section shall be sent by regular mail, supported by an affidavit of service by mailing, and shall be substantially as follows: “This statutory notice is provided pursuant to Section 97-19-57, Mississippi Code of 1972. You are hereby notified that a check, draft or order numbered __________, apparently issued by you on __________ (date), drawn upon __________ (name of bank), and payable to __________, has been dishonored. Pursuant to Mississippi law, you have fifteen (15) days from receipt of this notice to tender payment of the full amount of such check, draft or order, plus a service charge of Forty Dollars ($40.00), the total amount due being $__________. Unless this amount is paid in full within the time specified above, the holder may assume that you delivered the instrument with intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the proper authorities for criminal prosecution.”

(4) If any notice is returned undelivered to the sender after such notice was mailed to the address printed on the check, draft or order, or to the address given by the accused at the time of issuance of the instrument, such return shall be prima facie evidence of the maker's or drawer's intent to defraud.

(5) Affidavit of service by mail shall be adequate if made in substantially the following form:

“STATE OF ________________________________

COUNTY OF ________________________________

__________, being first duly sworn on oath, deposes and states that he/she is at least eighteen (18) years of age and that on (date) __________, 2___, he/she served the attached Notice of Dishonor by placing a true and correct copy thereof securely enclosed in an envelope addressed as follows:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

and deposited the same, postage prepaid, in the United States mail at __________, __________.

__________________________________________

(signature)

Subscribed to and sworn before me, this the __________ day of __________, 2___.

__________________________________________

(Notary Public)

My commission expires:

(SEAL)”

(6) Without in any way limiting the provisions of this section, this section shall apply to a draft for the payment of money given for a motor vehicle even if such payment is conditioned upon delivery of documents necessary for transfer of a valid title to the purchaser.

CREDIT(S)

Laws 1972, Ch. 476, § 2; Laws 1983, Ch. 523, § 2; Laws 1992, Ch. 513, § 1, eff. July 1, 1992. Amended by Laws 1999, Ch. 436, § 1, eff. July 1, 1999; Laws 2000, Ch. 364, § 2, eff. July 1, 2000; Laws 2001, Ch. 328, § 1, eff. July 1, 2001; Laws 2002, Ch. 312, § 1, eff. July 1, 2002; Laws 2004, Ch. 374, § 1, eff. July 1, 2004.

Miss. Code Ann. § 97-19-59

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-59. Repealed by Laws 1983, Ch. 523, §§ 7, 9, eff. January 1, 1984

Miss. Code Ann. § 97-19-61

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-61. Exceptions to notice requirement

Such notice as is provided for in Section 97-19-57 is dispensed with: (a) in the event the situs of the drawee is not in the state of Mississippi; (b) if the drawer is not a resident of the state of Mississippi or has left the state of Mississippi at the time such check, draft or order is dishonored; or (c) if the drawer of such check, draft or order did not have an account with the drawee of such check, draft or order at the time the same was issued or dishonored, or payment of the check is denied because the account was closed at the time the check, draft or order was issued or dishonored.

CREDIT(S)

Laws 1972, Ch. 476, § 4; Laws 1983, Ch. 523, § 3, eff. January 1, 1984. Amended by Laws 2001, Ch. 328, § 2, eff. July 1, 2001.

Miss. Code Ann. § 97-19-62

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-62. Identity of presenting party

(1) In any prosecution or action under the provisions of section 97-19-55, a check, draft or order for which the information required in subsections (2) and (3) of this section is available at the time of issuance, utterance or delivery shall constitute prima facie evidence of the identity of the party issuing, uttering or delivering the check, draft or order and that such person was a party authorized to draw upon the named account.

(2) To establish prima facie evidence of the identity of the party presenting such check, draft or order, the following information regarding such identity shall be requested by the party receiving such instrument: The presenter's name, residence address and home phone number. Such information may be provided in the following manner:

(a) The information may be recorded upon the check, draft or order itself; or

(b) The number of a check-cashing identification card issued by the receiving party may be recorded on the check, draft or order. Such check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.

(3) In addition to the information required in subsection (2) of this section, the party receiving the check, draft or order shall witness the signature or endorsement of the party presenting such instrument and, as evidence of such, the receiving party shall initial the instrument.

CREDIT(S)

Laws 1983, Ch. 523, § 4, eff. January 1, 1984.

Miss. Code Ann. § 97-19-63

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-63. Statement of reason for dishonor

It shall be the duty of the drawee of any check, draft or other order for the payment of money, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed, or stamped in plain language thereon or attached thereto, the reason for drawee's dishonor or refusal of the same. In all prosecutions under sections 97-19-55 to 97-19-69, the introduction in evidence of any unpaid and dishonored check, draft or other order for the payment of money, having the drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or uttering of said check, draft or other order for the payment of money and the dishonor thereof, and that the same was properly dishonored for the reasons written, stamped or attached by the drawee on such dishonored check, draft or other such order for the payment of money.

CREDIT(S)

Laws 1972, Ch. 476, § 5, eff. July 1, 1972.

Miss. Code Ann. § 97-19-65

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-65. Each violation deemed separate offense

Each making, drawing, issuing, uttering or delivering of any such check, draft or order as aforesaid shall constitute a separate offense.

CREDIT(S)

Laws 1972, Ch. 476, § 7, eff. July 1, 1972.

Miss. Code Ann. § 97-19-67

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-67. Penalties and restitution; disposal of files

(1) Except as may be otherwise provided by subsection (2) of this section, any person violating Section 97-19-55, upon conviction, shall be punished as follows:

(a) For the first offense of violating said section, where the check, draft or order involved be less than One Hundred Dollars ($100.00), the person committing such offense shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term of not less than five (5) days nor more than six (6) months, or by both such fine and imprisonment, in the discretion of the court;

(b) Upon commission of a second offense of violating said section, where the check, draft or order involved is less than One Hundred Dollars ($100.00), the person committing such offense shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment, in the discretion of the court;

(c) Upon commission of a third or any subsequent offense of violating said section, regardless of the amount of the check, draft or order involved, and regardless of the amount of the checks, drafts or orders involved in the prior convictions, the person committing such offense shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the State Penitentiary for a term of not less than one (1) nor more than five (5) years.

(d) Where the check, draft or order involved shall be One Hundred Dollars ($100.00) or more, the person committing such offense, whether same be a first or second offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary for a term of not more than three (3) years, or by both such fine and imprisonment, in the discretion of the court. Upon conviction of a third or any subsequent offense, the person convicted shall be punished as is provided in the immediately preceding paragraph hereof.

(2) Where the conviction was based on a worthless check, draft or order given for the purpose of satisfying a pre-existing debt or making a payment or payments on a past-due account or accounts, no imprisonment shall be ordered as punishment, but the court may order the convicted person to pay a fine of up to the applicable amounts prescribed in paragraphs (1)(a)(b) and (d) of this section.

(3) In addition to or in lieu of any penalty imposed under the provisions of subsection (1) or subsection (2) of this section, the court may, in its discretion, order any person convicted of violating Section 97-19-55 to make restitution in accordance with the provisions of Sections 99-37-1 through 99-37-23 to the holder of any check, draft or order for which payment has been refused.

(4) Upon conviction of any person for a violation of Section 97-19-55, when the prosecution of such person was commenced by the filing of a complaint with the court by the district attorney under the provisions of Section 97-19-79, the court shall, in addition to any other fine, fee, cost or penalty which may be imposed under this section or as otherwise provided by law, and in addition to any order as the court may enter under subsection (3) of this section requiring the offender to pay restitution under Sections 99-37-1 through 99-37-23, impose a fee in the amount up to eighty-five percent (85%) of the face amount of the check, draft or order for which the offender was convicted of drawing, making, issuing, uttering or delivering in violation of Section 97-19-55.

(5) It shall be the duty of the clerk or judicial officer of the court collecting the fees imposed under subsection (4) of this section to monthly deposit all such fees so collected with the State Treasurer, either directly or by other appropriate procedures, for deposit in the special fund of the State Treasury created under Section 99-19-32, known as the “Criminal Justice Fund.”

(6) After the accused has complied with all terms of the statute and the complainant or victim has been paid, the district attorney's check unit may dispose of the accused's file after one (1) year has expired after the last audit.

CREDIT(S)

Laws 1972, Ch. 476, § 6; Laws 1983, Ch. 523, § 5; Laws 1988, Ch. 551, § 6; Laws 1994, Ch. 389, § 1, eff. July 1, 1994.

Miss. Code Ann. § 97-19-69

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-69. Liability for false arrest

In the event of the existence of prima facie evidence of fraudulent intent as defined in section 97-19-57 and the giving of notice under section 97-19-57, if required, any person, firm or corporation causing the arrest of the drawer of such check, draft or order shall not be criminally or civilly liable for false arrest or false imprisonment.

CREDIT(S)

Laws 1972, Ch. 476, § 8; Laws 1983, Ch. 523, § 6, eff. January 1, 1984.

Miss. Code Ann. § 97-19-71

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-71. Welfare fraud

(1) Any person who knowingly:

(a) Fails, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used in making a determination as to such person's qualification to receive aid or benefits or services under any state or federally funded assistance program; or

(b) Fails to disclose a change in circumstances in order to obtain or continue to receive under any such program aid or benefits or services to which he is not entitled or in an amount larger than that to which he is entitled, or who knowingly aids and abets another person in the commission of any such act is guilty of fraud.

(2) Any person who knowingly:

(a) Uses, transfers, acquires, traffics, alters, forges or possesses;

(b) Attempts to use, transfer, acquire, traffic, alter, forge or possess; or

(c) Aids and abets another person in the use, transfer, acquisition, trafficking, alteration, forgery or possession of a food stamp, a food stamp identification card, an electronic benefits transfer card or the benefits accessed by such card, an authorization for the purchase of food stamps, a certificate of eligibility for medical services, or a Medicaid identification card, for profit or in any manner not authorized by law or regulations issued by the agency responsible for the administration of the state or federally funded program is guilty of fraud.

(3) Any person who knowingly:

(a) Exchanges food purchased or obtained with; or

(b) Attempts to exchange food purchased or obtained with benefits or an electronic benefits transfer card under the federal Food and Nutrition Program for cash or anything of value other than food, is guilty of fraud.

(4) Any person having duties in the administration of a state or federally funded assistance program who fraudulently misappropriates, attempts to misappropriate, or aids and abets in the misappropriation of, a food stamp, an authorization for food stamps, a food stamp identification card, an electronic benefits transfer card, the benefits accessible by such card, a certificate of eligibility for prescribed medicine, a Medicaid identification card, or assistance from any other state or federally funded program with which he has been entrusted or of which he has gained possession by virtue of his position, or who knowingly fails to disclose any such fraudulent activity, is guilty of fraud.

(5) Any person who:

(a) Knowingly files, attempts to file, or aids and abets in the filing of, a claim for services to a recipient of benefits under any state or federally funded assistance program for services which were not rendered; knowingly files a false claim for nonauthorized items or services under such a program; or knowingly bills the recipient of benefits under such a program, or his family, for an amount in excess of that provided for by law or regulations; or

(b) In any way knowingly receives, attempts to receive, or aids and abets in the receipt of unauthorized payment as provided herein is guilty of fraud.

(6) Any person who knowingly signs, or aids and abets any person to sign, a false application for the replacement of benefits or aid to which that person is entitled claiming that person's benefits or aid was not received, is guilty of fraud.

(7) Any person convicted of the crime of fraud under this section shall be:

(a) Punished by imprisonment in the State Penitentiary for a term not exceeding three (3) years, and fined not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00); or

(b) Punished by imprisonment in the county jail for a term not exceeding one (1) year, and fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00); and

(d) Where the legislation creating a program allows, suspended from participation in the program for the length of time allowed by the legislation creating the program.

(8) This section shall not prohibit prosecution under any other criminal statute of this state or the United States.

CREDIT(S)

Laws 1981, Ch. 530, § 1, eff. July 1, 1981. Amended by Laws 2008, Ch. 342, § 1, eff. July 1, 2008.

Miss. Code Ann. § 97-19-73

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-73. District attorney to seek restitution; construction

(1) In addition to such powers and duties as may be otherwise provided by law, the district attorney of each circuit court district in the state is hereby authorized, in his discretion, and in accordance with the provisions of Sections 97-19-73 through 97-19-79, to assist complainants in the recovery and distribution of restitution from persons accused of violating Section 97-19-55, Mississippi Code of 1972, relating to the issuance of bad checks, whether conviction for such violation may constitute a misdemeanor or a felony.

(2) Sections 97-19-73 through 97-19-79 shall not be construed as amending or repealing the provisions of Sections 97-19-55 through 97-19-69, Mississippi Code of 1972, nor the provisions of any other law prohibiting and prescribing penalties for similar violations, but shall be supplementary and in addition thereto.

CREDIT(S)

Laws 1988, Ch. 551, § 1, eff. July 1, 1988.

Miss. Code Ann. § 97-19-75

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-75. Complaint and restitution procedures; casino markers

(1) The holder of any check, draft or order for the payment of money which has been made, drawn, issued, uttered or delivered in violation of Section 97-19-55, Mississippi Code of 1972, may, after complying with the provisions of Section 97-19-57, Mississippi Code of 1972, present a complaint to the district attorney. The complaint shall be accompanied by the original check, draft or order upon which the complaint is filed and the return receipt showing mailing of notice under Section 97-19-57, Mississippi Code of 1972. Not more than one (1) check, draft or order shall be included within a single complaint. Upon receipt of such complaint, the district attorney shall evaluate the complaint to determine whether or not the complaint is appropriate to be processed by the district attorney.

(2) If, after filing a complaint with the district attorney, the complainant wishes to withdraw the complaint for good cause, the complainant shall pay a fee of Thirty Dollars ($30.00) to the office of the district attorney for processing such complaint. Upon payment of the processing fee and withdrawal of the complaint, the district attorney shall return the original check, draft or order to the complainant.

(3) After approval of the complaint by the district attorney, a warrant may be issued by any judicial officer authorized by law to issue arrest warrants, and the warrant may be held by the district attorney. After issuance of a warrant or upon approval of a complaint by the district attorney, the district attorney shall issue a notice to the individual charged in the complaint, informing him that a warrant has been issued for his arrest or that a complaint has been received by the district attorney and that he may be eligible for deferred prosecution for a violation of Section 97-19-55, Mississippi Code of 1972, by voluntarily surrendering himself to the district attorney within ten (10) days, Saturdays, Sundays and legal holidays excepted, from receipt of the notice. Such notice shall be sent by United States mail.

(4)(a) If the check is not a casino marker, and the accused voluntarily surrenders himself within the time period as provided by subsection (3) of this section, the accused shall be presented with the complaint and/or warrant and prosecution of the accused may be deferred upon payment by the accused of a service charge in the amount of Forty Dollars ($40.00) to the district attorney and by execution of a restitution agreement as hereinafter provided.

(b) If the check is a casino marker, and the accused voluntarily surrenders himself within the time period as provided by subsection (3) of this section, the accused shall be presented with the complaint and/or warrant, and prosecution of the accused may be deferred upon payment by the accused of a service charge in the amounts specified in this paragraph (b) to the district attorney and by execution of a restitution agreement as hereinafter provided. The amounts of the service charge are as follows:

(i) Forty Dollars ($40.00), if the amount of the check or draft is equal to or less than One Hundred Dollars ($100.00).

(ii) Fifty Dollars ($50.00), if the face amount of the check or draft is more than One Hundred Dollars ($100.00) but does not exceed Three Hundred Dollars ($300.00).

(iii) Seventy-five Dollars ($75.00), if the face amount of the check or draft is more than Three Hundred Dollars ($300.00) but does not exceed One Thousand Dollars ($1,000.00).

(iv) One Hundred Fifty Dollars ($150.00), if the face amount of the check or draft is more than One Thousand Dollars ($1,000.00) but does not exceed Two Thousand Five Hundred Dollars ($2,500.00).

(v) Five Hundred Dollars ($500.00), if the face amount of the check or draft is more than Two Thousand Five Hundred Dollars ($2,500.00) but does not exceed Ten Thousand Dollars ($10,000.00).

(vi) Ten percent (10%) of the face amount of the check or draft, if the face amount of the check or draft is more than Ten Thousand Dollars ($10,000.00).

(5) For the purposes of Sections 97-19-73 through 97-19-81, the term “restitution” shall mean and be defined as the face amount of any check, draft or order for the payment of money made, drawn, issued, uttered or delivered in violation of Section 97-19-55, Mississippi Code of 1972, plus a service charge payable to the complainant in the amount of Thirty Dollars ($30.00).

(6) After an accused has voluntarily surrendered himself and paid the service charge as provided by subsection (4) of this section, the district attorney may enter into a restitution agreement with the accused prescribing the terms by which the accused shall satisfy restitution to the district attorney on behalf of the complainant. The terms of such agreement shall be determined on a case-by-case basis by the district attorney, but the duration of any such agreement shall be no longer than a period of six (6) months. No interest shall be charged or collected on restitution monies. The restitution agreement shall be signed by the accused and approved by the district attorney before it is effective. If the accused does not honor each term of the restitution agreement signed by him, the accused may be proceeded against by prosecution under the provisions of Sections 97-19-55 through 97-19-69, Mississippi Code of 1972, and as provided by Section 97-19-79. If the accused makes restitution and pays all charges set out by statute or if the accused enters into a restitution agreement as set out above and honors all terms of such agreement, then if requested, the original check may be returned to the accused and a photocopy retained in the check file.

(7) If the holder of any check, draft or order for the payment of money presents to the district attorney satisfactory evidence that the original check, draft or order is unavailable and satisfactory evidence of the check, draft or order is presented in the form of bank records or a photographic copy of the instrument, whether from microfilm or otherwise, then the procedures provided for in this section may be followed in the absence of the original check, draft or order.

CREDIT(S)

Laws 1988, Ch. 551, § 2; Laws 1990, Ch. 566, § 1; Laws 1992, Ch. 513, § 2; Laws 1994, Ch. 389, § 2, eff. July 1, 1994. Amended by Laws 1999, Ch. 368, § 1, eff. July 1, 1999; Laws 2009, Ch. 454, § 3, eff. July 1, 2009.

Miss. Code Ann. § 97-19-77

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-77. Accounting and distribution

(1) All monies collected by the district attorney from any complainant under subsection (2) of Section 97-19-75 and from any accused as a service charge under subsection (4) of Section 97-19-75 may be expended by the district attorney for any of the purposes authorized for the expenditure of money under Section 25-31-8, Mississippi Code of 1972 or for any law enforcement related purpose including, but not limited to, the purchase of equipment and supplies and the payment of training costs for any local law enforcement agency within the district attorney's judicial district at the discretion of the district attorney.

(2) Each district attorney in the state shall establish a clearing account in a state depository of any county within his circuit court district in which shall be deposited all such monies which the district attorney's office shall receive from an accused pursuant to any restitution agreement executed in accordance with the provisions of Section 97-19-75. The district attorney, or his designee, shall account for all monies deposited in and disbursed from such clearing account and shall be authorized and empowered to draw and issue checks on such account to such persons, in such amounts and at such times as provided for in the restitution agreement executed by the accused.

(3) If a complainant on whose behalf a restitution agreement has been executed cannot, upon diligent efforts and after a reasonable time be located, all such restitution monies as shall have been collected on his behalf shall escheat to the state and shall be forwarded by the district attorney to the State Treasurer for deposit in the special fund of the State Treasury created under Section 99-19-32, Mississippi Code of 1972, known as the “Criminal Justice Fund.”

(4) All books, documents, records and transactions relating to the receipt and expenditure of monies under the provisions of Sections 97-19-73 through 97-19-79 shall be subject to audit by the State Auditor in the same manner and in accordance with the same procedure as provided by law for other monies received and expended by the office of the district attorney.

CREDIT(S)

Laws 1988, Ch. 551, § 3; Laws 1994, Ch. 389, § 3, eff. July 1, 1994.

Miss. Code Ann. § 97-19-79

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-79. Failure to make restitution

If, after receiving notice as provided for by subsection (3) of Section 97-19-75, the accused fails to timely surrender himself to the district attorney as prescribed in the notice or, if having timely surrendered himself, the accused fails to pay the service charge prescribed by subsection (4) of Section 97-19-75 and/or fails to execute or comply with the terms of any restitution agreement executed in accordance with the provisions of Section 97-19-75, then the district attorney shall file the complaint, along with the arrest warrant, if any, which the district attorney may be holding against the accused, with the municipal court, justice court, county court or circuit court in his district having jurisdiction, and prosecution against the accused may be commenced in accordance with the provisions of Sections 97-19-55 through 97-19-69, Mississippi Code of 1972, or as otherwise provided by law. If such prosecution is commenced, the court may assess the defendant the service charge payable to the district attorney as provided in Section 97-19-75(4), Mississippi Code of 1972.

CREDIT(S)

Laws 1988, Ch. 551, § 4; Laws 1990, Ch. 566, § 2; Laws 1991, Ch. 435, § 1, eff. July 1, 1991.

Miss. Code Ann. § 97-19-81

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-81. Fee or service charge for certain bad checks

When an entity that is authorized by the laws of this state to make loans or grant extensions of credit is paid by check to retire all or a part of a loan or extension of credit, and such check is returned because of insufficient funds, and the lender is charged a fee or service charge as a result of such return, the lender shall be authorized to add the actual amount of such fee or service charge up to a maximum amount of Fifteen Dollars ($15.00) to the principal of the unpaid balance of the loan or extension of credit.

CREDIT(S)

Laws 1988, Ch. 551, § 5, eff. July 1, 1988.

Miss. Code Ann. § 97-19-83

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-83. Mail fraud

(1) Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money, property or services, or for unlawfully avoiding the payment or loss of money, property or services, or for securing business or personal advantage by means of false or fraudulent pretenses, representations or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, transmits or causes to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across county or state jurisdictional lines, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.

(2) For the purposes of venue under the provisions of this section, any violation of this section may be prosecuted in the county in which the delivery or transmission originated, the county in which the delivery or transmission was made, or the county in which any act in execution or furtherance of the scheme occurred.

(3) This section shall not prohibit the prosecution under any other criminal statute of the state.

CREDIT(S)

Laws 1988, Ch. 511, § 3, eff. July 1, 1988.

Miss. Code Ann. § 97-19-85

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 19. False Pretenses and Cheats

§ 97-19-85. Fraudulent use of social security number or identifying information to obtain goods

(1) Any person who shall make or cause to be made any false statement or representation as to his or another person's or entity's identity, social security account number, credit card number, debit card number or other identifying information for the purpose of fraudulently obtaining or with the intent to obtain goods, services or any thing of value, shall be guilty of a felony and upon conviction thereof for a first offense shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed five (5) years, or both. For a second or subsequent offense such person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned for a term not to exceed ten (10) years, or both. In addition to the fines and imprisonment provided in this section, a person convicted under this section shall be ordered to pay restitution as provided in Section 99-37-1 et seq.

(2) A person is guilty of fraud under subsection (1) who:

(a) Shall furnish false information willfully, knowingly and with intent to deceive anyone as to his true identity or the true identity of another person; or

(b) Willfully, knowingly, and with intent to deceive, uses a social security account number to establish and maintain business or other records; or

(c) With intent to deceive, falsely represents a number to be the social security account number assigned to him or another person, when in fact the number is not the social security account number assigned to him or such other person; or

(d) With intent to deceive, falsely represents to be a representative of an entity in order to open banking accounts, obtain credit cards, or other services and supplies in the entity's name; or

(e) Knowingly alters a social security card, buys or sells a social security card or counterfeit or altered social security card, counterfeits a social security card, or possesses a social security card or counterfeit social security card with intent to sell or alter it.

CREDIT(S)

Laws 1993, Ch. 387, § 1; Laws 1998, Ch. 555, § 1, eff. July 1, 1998. Amended by Laws 2009, Ch. 391, § 1, eff. July 1, 2009.

Miss. Code Ann. T. 97, Ch. 21, Refs & Annos

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting

Miss. Code Ann. § 97-21-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-1. Public account books; false entries or alterations

Every person who, with intent to defraud, shall make any false entry, or shall falsely alter any entry made in any book of accounts kept in the office of the auditor of public accounts, or in the office of the treasurer of this state, or in the office of any county treasurer, or in any other public office, by which any demand or obligation, claim, right, or interest, either against or in favor of this state, or any county, city, town, or village, or any individual, shall be or purport to be discharged, diminished, increased, created, or in any manner affected, shall, upon conviction thereof, be guilty of forgery.

Miss. Code Ann. § 97-21-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-3. Corporate account books; false entries or alterations

Every person who, with intent to defraud, shall make any false entry, or shall falsely alter any entry made in any book of accounts kept by any moneyed corporation within this state, or in any book of accounts kept by any corporation or its officers, and to be delivered or intended to be delivered to any person dealing with such corporation, by which any pecuniary obligation, claim, or credit shall be or shall purport to be discharged, diminished, increased, created, or in any manner affected, shall be guilty of forgery.

Miss. Code Ann. § 97-21-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-5. Instruments deemed writings

Every instrument, partly written and partly printed, or wholly printed, with a written signature thereto, and every signature of an individual, firm, or corporate body, or of any officer of such body, and every writing purporting to be such signature, shall be deemed a writing and a written instrument within the meaning of the provisions of this chapter.

Miss. Code Ann. § 97-21-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-7. Recordable instrument; false certification

If any officer authorized to take the proof or acknowledgment of any conveyance of real or personal estate, or of any other instrument which by law may be recorded, shall wilfully and falsely certify that any such conveyance or instrument was acknowledged by any party thereto, when in truth such acknowledgment was not made, or that any such instrument or conveyance was proved, when in truth such proof was not made, he shall, upon conviction, be guilty of forgery.

Miss. Code Ann. § 97-21-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-9. Certificate or public security

Every person who shall be convicted of having forged, counterfeited, or falsely altered any certificate or other public security issued or purporting to have been issued under the authority of this state by virtue of any law thereof, by which certificate or other public security the payment of any money, absolutely or upon contingency, shall be promised, or the receipt of any money, goods, or valuable thing shall be acknowledged; or any certificate of any share, right or interest in any public stock, created by virtue of any law of this state, issued or purporting to have been issued by any public officer, or any other evidence of any debt or liability of this state, either absolute or contingent, issued or purporting to be issued by any public officer; or any indorsement or other instrument transferring or purporting to transfer the right or interest of any holder of any such certificate, public security, certificate of stock, evidence of debt or liability, or of any person entitled to such right or interest, with intent to defraud this state, or any public officer thereof, or any other person, shall be guilty of forgery.

Miss. Code Ann. § 97-21-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-11. Use or sale of slugs in coin-operated machines

Any person who shall operate or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, any automatic vending machine, slot machine, coin box telephone, or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service, by means of a slug or any false, counterfeit, mutilated, sweated, or foreign coin or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine, coin box telephone or receptacle, or who shall take, obtain, or receive from or in connection with any automatic vending machine, slot machine, coin box telephone, or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service, or of any musical instrument, phonograph, or other property, without depositing in and surrendering to such machine, coin box telephone or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such machine, coin box telephone or receptacle, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred dollars ($100.00) or imprisoned in the county jail not exceeding thirty days, or both.

Any person, who, with intent to cheat or defraud the owner, lessee, licensee, or other person entitled to the contents of any automatic vending machine, slot machine, coin box telephone or other receptacle, depository, or contrivance designed to receive lawful coin of the United States of America in connection with the sale, use, or enjoyment of property or service, or who, knowing that the same is intended for unlawful use, shall manufacture for sale, or sell or give away any slug, device or substance whatsoever intended or calculated to be placed or deposited in any such automatic vending machine, slot machine, coin box telephone or other such receptacle, depository or contrivance, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding five hundred dollars ($500.00) or imprisoned in the county jail not exceeding six months, or both. Provided, however, that this section shall not apply when a privilege license for the operation of said automatic vending machines has not been procured for the operation of said automatic vending machines by the owners thereof.

CREDIT(S)

Laws 1932, Ch. 267, § 1, eff. from and after passage (approved May 16, 1932).

Miss. Code Ann. § 97-21-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-13. Counterfeiting United States currency

Every person who shall be convicted of having counterfeited any of the gold or silver coins which shall be at the time current, by custom or usage, within this state, or the treasury notes of the United States, shall be guilty of forgery.

Miss. Code Ann. § 97-21-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-15. Counterfeiting foreign currency

Every person who shall be convicted of having counterfeited any gold or silver coin of any foreign government or country, with the intent of exporting the same to injure or defraud any foreign government or the subjects or citizens thereof, shall be guilty of forgery.

Miss. Code Ann. § 97-21-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-17. Possession of counterfeit money

Every person who shall have in his possession any counterfeit of any gold or silver coin, which shall be at the time current in this state, knowing the same to be counterfeited, with intention to defraud or injure, by uttering the same, as true or false, or by causing the same to be so uttered, shall be guilty of forgery.

Miss. Code Ann. § 97-21-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-19. Falsely making evidence of corporate debt

The false making, forging, or counterfeiting of any evidence of debt issued, or purporting to have been issued, by any corporation having authority for that purpose, to which shall be affixed the pretended signature of any person as an agent or officer of such corporation, shall be forgery, in the same manner as if such person was at the time an officer or agent of such corporation, notwithstanding there never was any such person in existence.

Miss. Code Ann. § 97-21-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-21. Destruction or erasure of writing with intent to defraud

The total erasure, obliteration, or destruction of any instrument of writing, with the intent to defraud, by which any pecuniary obligation or any right, interest, or claim to property, shall be or shall be intended to be created, increased, discharged, diminished, or in any manner affected, shall be forgery in the same manner and in the same degree as the false alteration of any part of such instrument of writing.

Miss. Code Ann. § 97-21-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-23. Engraving plates; possession of impressions

Every person who shall be convicted of having made or engraved, or having caused or procured to be made or engraved, any plate in the form or similitude of any promissory note, bill of exchange, draft, check, certificate of deposit, or other evidence of debt, issued by any incorporated bank in this state, or by any bank incorporated under the laws of the United States, or of any state or territory, or under the laws of any foreign country or government, without the authority of such bank, with the intent of using or having the same used for the purpose of taking therefrom any impression, to be passed, sold, or altered, or of having made or caused to be made, or having in his custody or possession any plate upon which shall be engraved any figures or words which may be used for the purpose of falsely altering any evidence of debt issued by any such incorporated bank, with the intent of having the same used for such purpose, or of having or keeping in his custody or possession, without the authority of such bank, any impression taken from any such plate, with intent to have the same filled up and completed for the purpose of being passed, sold, or uttered, shall be guilty of forgery.

Miss. Code Ann. § 97-21-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-25. Engraving plate deemed imitation

Every plate specified in section 97-21-23, shall be deemed to be in the form and similitude of the genuine instrument imitated, in either of the following cases: When the engraving on such plate resembles and is intended to conform to such parts of the genuine instrument as are engraved; or when such plate shall be partly finished, and the part so finished resembles and is intended to conform to similar parts of the genuine instrument.

Miss. Code Ann. § 97-21-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-27. Intent to defraud

Whenever, by any of the provisions of this chapter, an intent to defraud is required to constitute a forgery, it shall be sufficient if such intent appear to defraud the United States, any state or territory, and body-corporate, county, city, town, or village, or any public officer in his official capacity, any copartnership, or any one of such partners, or any real person whatever.

Miss. Code Ann. § 97-21-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-29. Fraud upon person with same name

If any person shall, with intent to injure or defraud, make any instrument in his own name, intended to create, increase, discharge, defeat, or diminish any pecuniary obligation, right or interest, or to transfer or affect any property whatever, and shall utter and pass it under the pretense that it is the act of another who bears the same name, he shall be guilty of forgery.

Miss. Code Ann. § 97-21-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-31. Fraudulent composite instrument

When different parts of several genuine instruments shall be so placed or connected together as to produce one instrument, with intent to defraud, the same shall be forgery, in the same manner as if the parts so put together were falsely made or forged.

Miss. Code Ann. § 97-21-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-33. Penalties

Persons convicted of forgery shall be punished by imprisonment in the Penitentiary for a term of not less than two (2) years nor more than ten (10) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both; provided, however, that when the amount of value involved is less than Five Hundred Dollars ($500.00) in lieu of the punishment above provided for, the person convicted may be punished by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, within the discretion of the court.

CREDIT(S)

Laws 1970, Ch. 343, § 1, eff. from and after passage (approved April 2, 1970). Amended by Laws 2003, Ch. 499, § 6, eff. July 1, 2003.

Miss. Code Ann. § 97-21-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-35. Pleadings, process, orders or licenses

Every person who, with the intent to injure or defraud, shall falsely make, alter, forge, or counterfeit any instrument or writing being or purporting to be any process issued by any competent court, magistrate, or officer, or being or purporting to be any pleading or proceeding filed or entered in any court of law or equity, or being or purporting to be any certificate, order, or allowance, by any competent court, board, or officer, or being or purporting to be any license or authority authorized by any statute, or any instrument or writing being or purporting to be the act of another, by which any pecuniary demand or obligation shall be or purport to be created, increased, discharged, or diminished, or by which any right or property whatever shall be or purport to be transferred, conveyed, discharged, diminished, or in any manner affected, by which false making, forging, altering or counterfeiting any person may be affected, bound, or in any way injured in his person or property, shall be guilty of forgery.

Miss. Code Ann. § 97-21-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-37. Possession of forged, altered or counterfeit instruments

Every person who shall have in his possession any forged, altered or counterfeited negotiable note, bill, draft, or other evidence of debt issued or purported to have been issued by any corporation or company duly authorized for that purpose by the laws of the United States or of this state, or of any other state, government, or country, or any other forged, altered, or counterfeit, instrument the forgery of which is declared by the provisions of this chapter to be punishable, knowing the same to be forged, altered, or counterfeited, with intention to utter the same as true or as false, or to cause the same to be uttered, with intent to injure or defraud, shall be guilty of forgery.

Miss. Code Ann. § 97-21-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-39. “Railroad passenger ticket” defined

The words “railroad passenger ticket,” as used in sections 97-21-41 and 97-21-43, shall be construed to embrace any ticket, card, pass, certificate, or paper, providing or intending to provide for the carriage or transportation of any person or persons upon any railroad, and shall include not only such tickets fully prepared for use, but those not so fully prepared, and all others which have been once used.

Miss. Code Ann. § 97-21-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-41. Falsely making or altering tickets

Every person who shall falsely make, forge, or counterfeit any railroad passenger ticket, purporting to be made or issued by any railroad company or companies, with intent to injure or defraud, or who shall, with like intent, alter any railroad passenger ticket made or issued by any railroad company or companies, shall be guilty of forgery.

Miss. Code Ann. § 97-21-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-43. Sales or possession of forged tickets

Every person who shall sell or offer to sell, or who shall have in his possession with intent to sell, any such false, forged, altered or counterfeit railroad passenger ticket, knowing the same to be false, forged, altered, or counterfeit, shall be guilty of forgery.

Miss. Code Ann. § 97-21-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-45. Wills, records and judgments

Every person who, with intent to defraud, shall falsely alter, destroy, corrupt, or falsify the record of any will, conveyance or other instrument the record of which shall by law be evidence, or any record or any judgment or decree of a court of record, or the enrollment of any such judgment or decree, or the return of an officer, court, or tribunal, to any process of any court, or who shall falsely make, forge, or alter any entry in any book of record, or any instrument purporting to be any such record or return, with intent to defraud, shall, upon conviction, be guilty of forgery.

Miss. Code Ann. § 97-21-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-47. Seals

Every person who shall forge or counterfeit the great seal of this state, the seal of any public office or officer authorized by law, the seal of any court of record, the seal of any county, city, town or village, or the seal of any body-corporate, duly incorporated, or who shall falsely make, forge, or counterfeit any impression purporting to be the impression of any such seal, with intent to defraud, shall be guilty of forgery.

Miss. Code Ann. § 97-21-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-49. Sale of counterfeit instruments

Every person who shall be convicted of having sold, exchanged, or delivered, for any consideration, any forged or counterfeited promissory note, check, bill, draft or other evidence of debt, or engagement for the payment of money, absolutely, or upon contingency, knowing the same to be forged or counterfeited, with the intent to have the same uttered or passed; or of having offered any such notes or other instruments for sale, exchange, or delivery, for any consideration, with the like knowledge and with the like intention, shall be guilty of forgery.

Miss. Code Ann. § 97-21-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-51. Unauthorized use of name in communication

If any person shall wilfully and falsely, or fraudulently forge, sign, or otherwise use the name of another person to a telegram, petition or related communication or instrument of writing with intent to deceive, defraud, or for personal gain or benefit, or for the benefit of another person, without the express written approval of such person, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 90 days and by a fine of not more than $500.00, or both in the discretion of the court.

CREDIT(S)

Laws 1962, Ch. 316, § 1, eff. from and after passage (approved May 16, 1962).

Miss. Code Ann. § 97-21-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-53. Trade-marks and labels; penalties for offenses; forfeitures

(1) Every person who shall knowingly and willfully forge or counterfeit, or cause or procure to be forged or counterfeited, any representation, likeness, similitude, copy, or imitation of the private stamp, wrappers, or labels usually fixed by any mechanic or manufacturer to, and used by such mechanic or manufacturer on, in, or about the sale of any goods, wares, or merchandise whatsoever, shall be punished as follows:

(a) If the goods or services to which the forged or counterfeit representation, likeness, similitude, copy of imitation of the private stamp, wrappers or labels are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail value of the goods if they were not forged or counterfeited of One Thousand Dollars ($1,000.00), or more, the person shall be guilty of a felony and, upon conviction, may be imprisoned for up to five (5) years and fined up to Ten Thousand Dollars ($10,000.00); or

(b) If the goods or services to which the forged or counterfeit representation, likeness, similitude, copy, or imitation of the private stamp, wrappers, or labels are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail value of less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor and, upon conviction, may be imprisoned for up to one (1) year and fined up to Five Thousand Dollars ($5,000.00).

(2) Property used in any way to violate the provisions of this section shall be subject to forfeiture under Sections 97-21-101 and 97-21-103.

CREDIT(S)

Amended by Laws 2009, Ch. 378, § 1, eff. July 1, 2009; Laws 2011, Ch. 346, § 3, eff. July 1, 2011.

Miss. Code Ann. § 97-21-55

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-55. Implements to forge trade-marks or labels; forfeitures

(1) Every person who shall have in his possession any die, plate, engraving, or printed label, stamp, or wrapper, or any representation, likeness, similitude, copy, or imitation of the private stamp, wrapper, or label usually fixed by any mechanic or manufacturer to, and used by such mechanic or manufacturer on, in, or about the sale of any goods, wares, or merchandise, with intent to use or sell the said die, plate or engraving, or printed stamp, label, or wrapper, for the purpose of aiding or assisting, in any way whatever, in vending any goods, wares, or merchandise in imitation of, or intended to resemble and be sold for the goods, wares, or merchandise of such mechanic or manufacturer, shall be guilty of a felony, and, upon conviction, be punished by imprisonment for not more than five (5) years and a fine of Ten Thousand Dollars ($10,000.00).

(2) Property used in any way to violate the provisions of this section shall be subject to forfeiture under Sections 97-21-101 and 97-21-103.

CREDIT(S)

Amended by Laws 2009, Ch. 378, § 2, eff. July 1, 2009; Laws 2011, Ch. 346, § 4, eff. July 1, 2011.

Miss. Code Ann. § 97-21-57

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-57. Sale of goods bearing counterfeit trade-mark or label; penalties for violations; forfeitures

(1) Every person who shall sell, vend, or possess with intent to sell or vend any goods, wares, or merchandise having thereon any forged or counterfeit stamp or label, imitating, resembling, or purporting to be the stamp or label of any mechanic or manufacturer, knowing the same to be forged or counterfeited, and resembling or purporting to be imitations of the stamps or labels of such mechanic or manufacturer shall be punished as follows:

(a) If the goods or services to which the forged or counterfeit representation, likeness, similitude, copy, or imitation of the private stamp, wrappers, or labels are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail value of the goods if they were not forged or counterfeited of One Thousand Dollars ($1,000.00), or more, the person shall be guilty of a felony and, upon conviction, may be imprisoned for up to five (5) years and fined up to Ten Thousand Dollars ($10,000.00); or

(b) If the goods or services to which the forged or counterfeit representation, likeness, similitude, copy, or imitation of the private stamp, wrappers, or labels are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail value of the goods if they were not forged or counterfeited of less than One Thousand Dollars ($1,000.00), the person shall be guilty of a misdemeanor and, upon conviction, may be imprisoned for up to one (1) year and fined up to Five Thousand Dollars ($5,000.00).

(2) Property used in any way to violate the provisions of this section shall be subject to forfeiture under Sections 97-21-101 and 97-21-103.

CREDIT(S)

Amended by Laws 2009, Ch. 378, § 3, eff. July 1, 2009; Laws 2011, Ch. 346, § 5, eff. July 1, 2011; Laws 2012, Ch. 389, § 1, eff. July 1, 2012.

Miss. Code Ann. § 97-21-59

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-59. Uttering counterfeit instruments; punishment

Every person who shall be convicted of having uttered or published as true, and with intent to defraud, any forged, altered, or counterfeit instrument, or any counterfeit gold or silver coin, the forgery, altering, or counterfeiting of which is declared by the provisions of this chapter to be an offense, knowing such instrument or coin to be forged, altered, or counterfeited, shall suffer the punishment herein provided for forgery.

Miss. Code Ann. § 97-21-61

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-61. Treasury warrants

If any person shall falsely or fraudulently make, forge, or alter any writing, being, or pretending to be, an auditor's warrant on the state treasury, or any order or warrant on the treasury of this state or the treasury of the United States, or of any county, or of any city, town, or village, with intent to defraud the state, the United States, or any county, city, village, or town, or any person, he shall be guilty of forgery.

Miss. Code Ann. § 97-21-63

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-63. Forgery of wills, deeds or recordable instruments

Every person who shall be convicted of having forged, counterfeited, or falsely altered any will of real or personal property, or any deed or other instrument, being or purporting to be the act of another by which any right or interest in real or personal property shall be or purport to be transferred, conveyed, or in any way changed or affected; or any certificate or indorsement of the acknowledgment of any person of any deed or other instrument which by law may be recorded, made or purporting to have been made by any officer duly authorized to make such certificate or indorsement; or any certificate of the proof of any deed or other instrument which by law may be recorded, made or purporting to have been made by any officer duly authorized to make such certificate, with intent to defraud, shall be guilty of forgery.

Miss. Code Ann. § 97-21-101

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-101. Trademark and recording violations; seizure and forfeiture of property; civil proceedings; limitations

(1) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of Section 97-21-53, 97-21-55, 97-21-57 or 97-23-89 is subject to civil forfeiture to the state pursuant to the provisions of Section 97-21-103; provided, however, that a forfeiture of personal property encumbered by a bona fide security interest or real property encumbered by a bona fide mortgage, deed of trust, lien or encumbrance of record shall be subject to the interest of the secured party or subject to the interest of the holder of the mortgage, deed of trust, lien or encumbrance of record if such secured party or holder neither had knowledge of or consented to the act or omission.

(a) The seizure is incident to an arrest or a search under a search warrant or an inspection under a lawful administrative inspection;

(b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this article.

(3) The Attorney General, any district attorney or any state agency having jurisdiction over conduct in violation of Section 97-21-53, 97-21-55, 97-21-57 or 97-23-89 may institute civil proceedings under this section. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination, the circuit court may at any time enter such injunctions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court may deem proper.

(4) Any aggrieved person may institute a civil proceeding against any person or enterprise convicted of engaging in activity in violation of Section 97-21-53, 97-21-55, 97-21-57 or 97-23-89. In such proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of immediate and irreparable injury, loss or damage to the person shall have to be made.

(5) The Attorney General may, upon timely application, intervene in any civil action or proceeding brought under this section if he certifies that, in his opinion, the action or proceeding is of general public importance. In such action or proceeding, the state shall be entitled to the same relief as if the Attorney General instituted the action or proceeding.

(6) Notwithstanding any other provision of law, a criminal or civil action or proceeding under this article may be commenced at any time within five (5) years after the conduct in violation of law terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent or restrain any violation of law, the running of the period of limitations prescribed by this section with respect to any cause of action arising under this section which is based, in whole or in part, upon any matter complained of in any such prosecution, action or proceeding shall be suspended during the pendency of such prosecution, action or proceeding and for two (2) years following its termination.

(7) The application of one (1) civil remedy under any provision of this article shall not preclude the application of any other remedy, civil or criminal, under this article or any other provision of law. Civil remedies under this article are supplemental.

CREDIT(S)

Added by Laws 2011, Ch. 346, § 1, eff. July 1, 2011.

Miss. Code Ann. § 97-21-103

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 21. Forgery and Counterfeiting (Refs & Annos)

§ 97-21-103. Forfeiture proceedings; service; notice; pleadings; hearing; disposition of property and proceeds

(1) When any property is seized pursuant to Section 97-21-101, proceedings under this section shall be instituted promptly.

(2)(a) A petition for forfeiture shall be filed promptly in the name of the State of Mississippi with the clerk of the circuit court of the county in which the seizure is made. A copy of such petition shall be served upon the following persons by service of process in the same manner as in civil cases:

(i) The owner of the property, if address is known;

(iii) Any other bona fide lienholder or secured party or other person holding an interest in the property in the nature of a security interest of whom the state has actual knowledge;

(iv) A holder of a mortgage, deed of trust, lien or encumbrance of record, if the property is real estate by making a good faith inquiry as described in paragraph (g) of this section; and

(v) Any person in possession of property subject to forfeiture at the time that it was seized.

(b) If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law and if there is any reasonable cause to believe that the vehicle has been titled, the state shall make inquiry of the Department of Revenue as to what the records of the Department of Revenue show as to who is the record owner of the vehicle and who, if anyone, holds any lien or security interest which affects the vehicle.

(i) If the owner of the property cannot be found and served with a copy of the petition of forfeiture, or if no person was in possession of the property subject to forfeiture at the time that it was seized and the owner of the property is unknown, the state shall file with the clerk of the court in which the proceeding is pending an affidavit to such effect, whereupon the clerk of the court shall publish notice of the hearing addressed to “the Unknown Owner of ..........,” filling in the blank space with a reasonably detailed description of the property subject to forfeiture. Service by publication shall contain the other requisites prescribed in Section 11-33-41, and shall be served as provided in Section 11-33-37 for publication of notice for attachments at law.

(3)(a) An owner of property that has been seized shall file a verified answer within twenty (20) days after the completion of service of process. If no answer is filed, the court shall hear evidence that the property is subject to forfeiture and forfeit the property to the state. If an answer is filed, a time for hearing on forfeiture shall be set within thirty (30) days of filing the answer or at the succeeding term of court if court would not be in progress within thirty (30) days after filing the answer. Provided, however, that upon request by the state or the owner of the property, the court may postpone said forfeiture hearing to a date past the time any criminal action is pending against said owner.

(b) If the owner of the property has filed a verified answer denying that the property is subject to forfeiture, then the burden is on the state or the jurisdiction instituting proceedings to prove that the property is subject to forfeiture. The burden of proof placed upon the state or the jurisdiction instituting proceedings shall be clear and convincing proof. However, if no answer has been filed by the owner of the property, the petition for forfeiture may be introduced into evidence and is prima facie evidence that the property is subject to forfeiture.

(d) If it is found that the property is subject to forfeiture, then the judge shall forfeit the property to the state or the jurisdiction instituting proceedings. However, if proof at the hearing discloses that the interest of any bona fide lienholder, secured party, other person holding an interest in the property in the nature of a security interest or any holder of a bona fide encumbrance, mortgage or deed of trust is greater than or equal to the present value of the property, the court shall order the property released to him. If such interest is less than the present value of the property and if the proof shows that the property is subject to forfeiture, the court shall order the property forfeited to the state or the jurisdiction instituting proceedings.

(4)(a) All personal property, including money, which is forfeited to the state or the jurisdiction instituting proceedings and is not capable of being sold at public auction shall be liquidated and the proceeds, after deduction of all storage and court costs, shall be forwarded to the State Treasurer and deposited in the General Fund of the state or in the general fund of the county of the jurisdiction instituting proceedings.

(b) All real estate which is forfeited to the state or the jurisdiction instituting proceedings shall be sold to the highest bidder at a public auction to be conducted by the state or the jurisdiction instituting proceedings at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution of law. The proceeds of such sale shall first be applied to the cost and expense in administering and conducting such sale, then to the satisfaction of all mortgages, deeds of trusts, liens and encumbrances of record on such property. All proceeds in excess of the amount necessary for the cost of the sale of such land and the satisfaction of any liens thereon shall be deposited in the General Fund of the State Treasury or in the general fund of the county of the jurisdiction instituting proceedings.

(c) All other property that has been seized by the state or the jurisdiction instituting proceedings and that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the state or the jurisdiction instituting proceedings to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction instituting proceedings or throughout the State of Mississippi. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be delivered to the circuit clerk and shall be disposed of as follows:

(i) To any bona fide lienholder, secured party, or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and

(ii) The balance, if any, after deduction of all storage and court costs, shall be forwarded to the State Treasurer and deposited with and used as general funds of the state or to the jurisdiction instituting proceedings and deposited in the county general fund.

(d) The Department of Revenue shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.

CREDIT(S)

Added by Laws 2011, Ch. 346, § 2, eff. July 1, 2011.

Miss. Code Ann. § 97-23-1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-1. Misrepresentation of business

(1) It shall be unlawful for any person, firm, association or corporation to misrepresent the true nature of its business by use of the words “manufacturer,” “wholesaler,” “retailer,” or words of similar import or for any person, firm, association or corporation to represent itself as selling at wholesale, or use the word “wholesale” in any form of sale or advertising unless such person, firm, association or corporation is actually selling at wholesale those items advertised for the purpose of resale. For the purpose of this section, the term “wholesale” shall be defined as a sale made for the purpose of resale by the purchaser on which a wholesale sales tax is charged, and not one made to a consuming purchaser on which a retail sales tax is charged.

However, this section shall in nowise affect or prohibit a corporation from using the word “wholesale” in its corporate name even though such corporation also does a retail business. However, if it does a retail business, it must indicate in its advertisements that such business is being conducted by its retail division, or that such advertised products are to be sold only at retail.

(2) The violation of this section shall constitute a misdemeanor, and any person or firm convicted of violating this section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

CREDIT(S)

Laws 1962, Ch. 315, §§ 1, 2, eff. 90 days from and after passage (approved May 16, 1962).

Miss. Code Ann. § 97-23-3

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-3. Deceptive advertising

Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or anything offered by such person, directly or indirectly, to the public for sale or distribution, or who, with intent to increase the consumption of or demand for such merchandise, securities, service or other thing, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public within the state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or by a label affixed to the merchandise or its container, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, including but not limited to representing himself as selling at wholesale unless he is actually selling at wholesale those items so represented, and which such person knew, or might on reasonable investigation have ascertained to be untrue, deceptive or misleading, shall be punished by a fine of not more than five hundred dollars ($500.00), and the offending person, whether found guilty or not, may be held civilly responsible in tort for damages to persons or property proximately resulting from a violation of this section. This section shall not apply to any owner, publisher, printer, agent or employee of a newspaper or other publication, periodical or circular, or to any agent of the advertiser who in good faith and without knowledge of the falsity or deceptive character thereof publishes, causes to be published, or participates in the publication of such advertisement. Firms with the word “wholesale” in their corporate title are not in violation of this section so long as they identify the sales as being made by their retail division.

CREDIT(S)

Laws 1962, Ch. 317, § 1, eff. July 1, 1962.

Miss. Code Ann. § 97-23-5

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-5. Removal of advertisements

If any person shall pull down any advertisement authorized by law, he shall, on conviction thereof, be fined not more than five hundred dollars, or be imprisoned not more than six months.

Miss. Code Ann. § 97-23-7

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-7. Fraudulent packing of cotton

If any person shall fraudulently pack or bale any cotton, he shall, on conviction thereof, be fined not more than five hundred dollars, or imprisoned in the county jail not more than six months, or both.

Miss. Code Ann. § 97-23-9

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-9. Nighttime sales of certain cotton prohibited

Any person who shall buy, sell, or exchange or receive or deliver, in pursuance of any contract of sale or exchange, any cotton in the seed or ginned and not baled, between sunset on one day and sunrise on the next, shall, upon conviction, be punished as for a misdemeanor.

Miss. Code Ann. § 97-23-11

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-11. Scalage; deductions from true weight of cotton

If any purchaser or weigher of cotton shall deduct from the true weight of any bale or package thereof any amount whatever, as scalage, with intent to diminish the sum to be paid or credited to the seller, he shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than ten dollars nor more than twenty dollars.

Miss. Code Ann. § 97-23-13

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-13. Scalage; accounting for actual weight of cotton

If any purchaser of cotton shall fail to account to the seller for the actual weight of the cotton bought, except where the amount of the deduction is agreed upon between them, or adjudged by a disinterested person for them, he shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in the last section.

Miss. Code Ann. § 97-23-15

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-15. Adulteration of cottonseed meal

It shall be unlawful for any person or corporation to adulterate any cottonseed meal with hulls, sawdust or anything else, without noting such adulteration in plain and legible characters on each sack, and it shall be unlawful for any person to sell or barter in this state any cottonseed meal adulterated with sawdust or anything else without such adulteration being noted in plain and legible characters on each sack or receptacle thereof. Any person or corporation violating the foregoing provisions of this section shall be guilty of a misdemeanor, and, on conviction, shall be fined in a sum not less than one hundred nor more than one thousand dollars.

Miss. Code Ann. § 97-23-17

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-17. Right to choose customers

(1) Every person, firm or corporation engaged in any public business, trade or profession of any kind whatsoever in the State of Mississippi, including, but not restricted to, hotels, motels, tourist courts, lodging houses, restaurants, dining room or lunch counters, barber shops, beauty parlors, theatres, moving picture shows, or other places of entertainment and amusement, including public parks and swimming pools, stores of any kind wherein merchandise is offered for sale, is hereby authorized and empowered to choose or select the person or persons he or it desires to do business with, and is further authorized and empowered to refuse to sell to, wait upon or serve any person that the owner, manager or employee of such public place of business does not desire to sell to, wait upon or serve. The provisions of this section shall not apply to corporations or associations engaged in the business of selling electricity, natural gas, or water to the general public, or furnishing telephone service to the public.

(2) Any public place of business may, if it so desires, display a sign posted in said place of business serving notice upon the general public that “the management reserves the right to refuse to sell to, wait upon or serve any person,” however, the display of such a sign shall not be a prerequisite to exercising the authority conferred by this section.

(3) Any person who enters a public place of business in this state, or upon the premises thereof, and is requested or ordered to leave therefrom by the owner, manager or any employee thereof, and after having been so requested or ordered to leave, refuses so to do, shall be guilty of a trespass and upon conviction therefor shall be fined not more than five hundred dollars ($500.00) or imprisoned in jail not more than six (6) months, or both such fine and imprisonment.

CREDIT(S)

Laws 1956, Ch. 257, §§ 1 to 3, eff. from and after passage (approved February 21, 1956).

Miss. Code Ann. § 97-23-19

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-19. Embezzlement

If any person shall embezzle or fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, any goods, rights in action, money, or other valuable security, effects, or property of any kind or description which shall have come or been entrusted to his care or possession by virtue of his office, position, place, or employment, either in mass or otherwise, with a value of Five Hundred Dollars ($500.00) or more, he shall be guilty of felony embezzlement, and, upon conviction thereof, shall be imprisoned in the custody of the Department of Corrections not more than ten (10) years, or fined not more than Twenty-five Thousand Dollars ($25, 000.00), or both. If the value of such goods, rights in action, money or other valuable security, effects, or property of any kind is less than Five Hundred Dollars ($500.00), he shall be guilty of misdemeanor embezzlement, and, upon conviction thereof, shall be imprisoned in the county jail not more than six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.

CREDIT(S)

Amended by Laws 2003, Ch. 499, § 7, eff. July 1, 2003; Laws 2007, Ch. 378, § 1, eff. from and after passage (approved March 15, 2007).

Miss. Code Ann. § 97-23-21

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-21. Embezzlement; debt negotiable by delivery

Every officer, clerk, agent, or other person mentioned in section 97-23-19 who shall embezzle or fraudulently secrete, conceal, or convert to his own use, by putting the same in circulation, any evidence of debt negotiable by delivery, but not delivered or issued as a valid instrument, shall be guilty of embezzlement, and punished, on conviction, as provided in the last section.

Miss. Code Ann. § 97-23-23

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-23. Buying or receiving embezzled goods

Every person who shall buy or in any way receive any money, goods, rights in action, or other valuable security, effects, or property, knowing the same to have been embezzled, taken or secreted contrary to law, on conviction thereof, shall suffer the penalty provided in Section 97-17-70, for receiving stolen property.

CREDIT(S)

Laws 1993, Ch. 359, § 3, eff. July 1, 1993.

Miss. Code Ann. § 97-23-25

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-25. Embezzlement; trust property

If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or repaired, or on any other contract or trust by which he was bound to deliver or return the thing received or its proceeds, on conviction, he shall be punished by imprisonment in the penitentiary not more than ten years, or be fined not more than one thousand dollars and imprisoned in the county jail not more than one year, or either.

Miss. Code Ann. § 97-23-27

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-27. Embezzlement; borrowed property

The fraudulent appropriation of certain specific property by one to whom it has been delivered on a contract or loan for use, or of letting and hiring, after the time at which, according to the contract, the right of use acquired thereby has ceased, or before that time by a disposition not authorized by the contract, shall be an offense within the meaning of section 97-23-25 and shall be punished as therein prescribed.

Miss. Code Ann. § 97-23-29

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-29. Interference with servant or lessee

If any person shall wilfully interfere with, entice away, or who shall knowingly employ, or who shall in any manner induce a laborer or renter who has contracted with another person for a specified time to leave his employer or the leased premises, before the expiration of his contract without the consent of the employer or landlord in writing signed by said landlord or employer under or with whom said laborer had first contracted, he shall, upon conviction, be fined not less than twenty-five dollars nor more than one hundred dollars, and in addition shall be liable to the employer or landlord for all advances made by him to said renter or laborer by virtue of his contract with said renter or laborer, and for all damages which he may have sustained by reason thereof. The provisions of this section shall apply to minors under contract made by a parent or guardian.

Miss. Code Ann. § 97-23-31

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-31. Agent for unlawful insurer

Any person who shall do or perform any of the acts or things mentioned in the laws governing insurance companies, the doing or performing of which is there provided, shall constitute such person the agent of the company, for any insurance company not organized under or incorporated by the laws of this state, without such company having first complied with the requirements of the laws of this state or having received the certificate of authority from the commissioner of insurance, as required by law, shall be guilty of a misdemeanor, and, on conviction, be fined five hundred dollars and be imprisoned in the county jail not exceeding twelve months, or by either; but the penalties of this section shall not apply to an adjuster of a loss, if the insurance could not have been obtained from a company which had complied with the laws of this state, or if the insurance was given at a rate fully one-half of one per centum less than that charged by such companies.

Miss. Code Ann. § 97-23-33

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-33. Interference with trade

If any person shall wilfully and maliciously print, circulate or distribute, cause to be printed, circulated or distributed, or assist in printing, circulating or distributing, in any form whatever, any matter, the purpose and design of the contents thereof being to wilfully and maliciously interfere with, or prevent another from exercising a lawful trade or calling, or engaging in a lawful business, or engaging in lawful use and enjoyment of his property, he shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than six (6) months in the county jail or be fined not more than five hundred dollars ($500.00) or both.

CREDIT(S)

Laws 1964, Ch. 344, § 1, eff. from and after passage (approved March 3, 1964).

Miss. Code Ann. § 97-23-35

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-35. Newspapers must print names of editors

Newspapers and periodicals published in this state, for regular distribution through the mails or otherwise, shall print at the top of the editorial page of said publication the full name of its chief editor, the assistant editor, if any, or the person or persons directly responsible for the editorial utterances of said publication. The owner or owners of any newspaper or periodical published in this state in violation of this section, shall be guilty of a misdemeanor and upon conviction, shall be fined not more than twenty-five dollars for each offense.

Miss. Code Ann. § 97-23-37

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-37. Branding of imitation foods

A person who sells or manufactures, exposes or offers for sale as an article of food, any oleomargarine or other substance in imitation of any article of food, without disclosing the imitation by a suitable and plainly visible mark or brand, indicating and naming what the substance really is, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned in the county jail not exceeding one month, or both.

Miss. Code Ann. § 97-23-39

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-39. Preventing employment by force

It shall be unlawful for any person by the use of force or violence, or threat of the use of force or violence, to prevent or to attempt to prevent any person from engaging in any lawful vocation within this state. Any person guilty of violating this section shall be deemed guilty of a felony and, upon conviction thereof, shall be fined in the sum of not more than five hundred dollars ($500.00) or imprisoned in the county jail not more than six months, or both, or in the state penitentiary not more than two (2) years.

CREDIT(S)

Laws 1942, Ch. 323, § 1, eff. from and after passage (approved March 20, 1942).

Miss. Code Ann. § 97-23-41

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-41. Conspiracy to prevent employment; labor disputes

It shall be unlawful for any two or more persons to conspire together to use force or violence, or threats thereof, to prevent any person or persons from engaging in any lawful vocation or work in this state, and it shall be unlawful for any two or more persons in furtherance of such conspiracy to assemble or gather together at any place where a labor dispute exists or anywhere in this state for the purpose of carrying such unlawful conspiracy into effect. Any person violating this section, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment in the county jail not more than six months, or both, or in the state penitentiary not more than two years.

The term “labor dispute” as used in this section shall include any controversy between an employer and two (2) or more of his employees concerning the terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment.

CREDIT(S)

Laws 1942, Ch. 323, §§ 2, 3, eff. from and after passage (approved March 20, 1942).

Miss. Code Ann. § 97-23-43

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-43. Unlicensed professional practices

If any person shall practice as an attorney and counsellor-at-law, or shall practice as a physician or surgeon, or shall practice as a dentist, or shall practice as a pharmacist, without having first been examined and obtained a license as required by law, he shall, on conviction, of the first offense, be punished by a fine of not less than one hundred ($100.00) dollars or more than two hundred ($200.00) dollars or by imprisonment in the county jail not less than three months or more than twelve months or both; and such person, upon conviction of the second offense against this section, shall be punished by a fine of not less than two hundred ($200.00) dollars or more than five hundred ($500.00) dollars or by imprisonment in the penitentiary not less than one year or more than two years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of five thousand dollars ($5,000.00) or imprisonment for five years.

CREDIT(S)

Laws 1932, Ch. 279, § 1, eff. from and after passage (approved May 18, 1932).

Miss. Code Ann. § 97-23-45

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-45 to 97-23-53. Repealed by Laws 1988, Ch. 556, § 3, eff. July 1, 1988

Miss. Code Ann. § 97-23-47

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-45 to 97-23-53. Repealed by Laws 1988, Ch. 556, § 3, eff. July 1, 1988

Miss. Code Ann. § 97-23-49

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-45 to 97-23-53. Repealed by Laws 1988, Ch. 556, § 3, eff. July 1, 1988

Miss. Code Ann. § 97-23-51

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-45 to 97-23-53. Repealed by Laws 1988, Ch. 556, § 3, eff. July 1, 1988

Miss. Code Ann. § 97-23-53

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-45 to 97-23-53. Repealed by Laws 1988, Ch. 556, § 3, eff. July 1, 1988

Miss. Code Ann. § 97-23-55

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-55. Defacing of rental storage battery

It shall be unlawful for any person to remove or deface or alter or destroy, or cause to be removed or defaced or altered or destroyed the word “rental” or any letter, word, mark or character, printed or painted or stamped or branded upon or attached to, any electric storage battery which has been so placed upon or attached to such electric storage battery to identify the same as belonging to or being the property of another.

Miss. Code Ann. § 97-23-57

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-57. Sale of rental battery

It shall be unlawful for any person to sell, dispose of, deliver or give, or to attempt to sell, dispose of, deliver or give, to any person other than the owner thereof or his agent any electric storage battery upon which the word “rental” or letter, word, mark or character is printed, painted, stamped or branded, for the purpose of identifying said electric storage battery as being a rental battery belonging to or being the property of another.

Miss. Code Ann. § 97-23-59

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-59. Retention or recharge of rental battery

It shall be unlawful for any person to retain in his possession for a longer period than fourteen days, or to recharge, except in cases of emergency, without the consent of the owner thereof, any electric storage battery upon which the word “rental” or any letter, word, mark or character is printed, painted, stamped or branded for the purpose of identifying the said electric storage battery as belonging to or being the property of another.

Miss. Code Ann. § 97-23-61

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-61. Penalties

Any person violating any of the provisions of any one of sections 97-23-55 to 97-23-59 shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding twenty-five dollars or be imprisoned for a term not exceeding thirty days, or both such fine and imprisonment.

Miss. Code Ann. § 97-23-63

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-65

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-67

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-69

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-71

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-73

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-75

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-77

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-79

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-81

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-82

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§§ 97-23-63 to 97-23-82. Repealed by Laws 1986, Ch. 302, § 4, eff. July 1, 1986

Miss. Code Ann. § 97-23-83

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-83. Coercion to prevent lawful business

If any person shall in any manner threaten with bodily harm, intimidate or coerce another person to prevent said person from lawfully trading or carrying on business, including buying or selling, he shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than one (1) year in the county jail or be fined not more than one thousand dollars ($1,000.00) or both.

CREDIT(S)

Laws 1966, Ch. 384, § 1, eff. from and after passage (approved February 9, 1966).

Miss. Code Ann. § 97-23-85

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-85. Restraint of trade; boycott; liability

If two (2) or more persons conspire to prevent another person or other persons from trading or doing business with any merchant or other business and as a result of said conspiracy said persons induce or encourage any individual or individuals to cease doing business with any merchant or other person, and when such conspiracy is formed and effectuated because of a reasonable grievance of the conspirators over which the said merchant or place of business boycotted or against which a boycott is attempted has no direct control or no legal authority to correct, or when the conspiracy results from such alleged grievance against the merchant or other person boycotted when no notice of such grievance has been given the merchant or party boycotted and no reasonable opportunity to correct such alleged grievance has been given such merchant or other person against whom the conspiracy was formed, then each of such persons shall be guilty of the crime of unlawful restraint of trade and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than two (2) years and in addition each such person shall be liable in civil action for any damages suffered by said merchant or place of business so wrongfully boycotted and also for attorney fees incurred by said merchant or person boycotted in a civil action to recover damages.

CREDIT(S)

Laws 1968, Ch. 344, § 3, eff. from and after passage (approved July 30, 1968).

Miss. Code Ann. § 97-23-87

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-87. Unauthorized copying or sale of recordings

(1) For purposes of this section, the following words shall have the meaning ascribed herein, unless the context requires otherwise:

(a) “Person” means any individual, partnership, corporation, association or any communications media, including radio or television, broadcasters or licensees, newspapers, magazines, or other publications or media which offer facilities for the purposes stated herein.

(b) “Owner” means the person who owns, or who has the license in the United States to produce or to distribute to the public copies of the original fixation of sounds or pictures embodied in, the master phonograph record, master disc, master tape, master videocassette, master film or other device used for reproducing recorded sounds or images on phonograph records, discs, tapes, films or other articles on which sound or images are recorded, and from which the transferred recorded sounds or images are directly or indirectly derived.

(2)(a) Any person who shall knowingly and willfully transfer or cause to be transferred, without the consent of the owner, any sounds or images recorded on phonograph record, disc, wire, tape, videocassette, film, or other article or device on which sounds or images are recorded with intent to sell, rent for a fee, or cause to be sold, or rented for a fee or for any financial gain the article on which such sounds or images are transferred, shall be guilty of a felony and, upon conviction of a first violation of this subsection, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) or be imprisoned in the State Penitentiary for not more than five (5) years, or both. Any person who shall be convicted of a second or subsequent violation of this subsection shall be fined not more than One Hundred Thousand Dollars ($100,000.00) or be imprisoned not more than ten (10) years, or both.

(b) Any person who records, masters or causes to be recorded or mastered on any recorded article or device with the intent to sell, market or lease for commercial advantage or private financial gain, the sounds or images of a live performance, with the knowledge that the sounds or images so recorded have been recorded or mastered without the consent of the owner of the sounds of the live performance, is guilty of a felony, and upon conviction thereof, shall be subject to fine and imprisonment as provided for the first and subsequent convictions of violations of subsection (2)(a). In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds. Such performers shall also be deemed, in absence of such agreement or operation of law, to own the right to display and distribute their own personal images.

(c) Each and every individual and separate manufacture of a recorded device as described in this subsection shall constitute a separate offense of this subsection.

(3)(a) It is unlawful for any person to:

(i) Advertise, offer for sale or sell any such article or device described in subsection (2)(a) of this section with the knowledge that the sounds or images thereon have been transferred without the consent of the owner;

(ii) Offer or make available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery with the knowledge that it will be used by another to reproduce, without the consent of the owner, any phonograph record, disc, wire, tape, videocassette, film or other article on which sounds or images have been transferred; or

(iii) Possess with intent to sell, to make available for a fee, rental or other form of compensation, or for the purpose of obtaining any form of compensation through the use of any article or device described in subsection (2)(a), with the knowledge that the sounds or images thereon have been transferred without the consent of the owner.

Any person convicted of a first violation of this subsection shall be guilty of a felony and fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary for not more than three (3) years, or both. Any person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and fined not more than Fifty Thousand Dollars ($50,000.00) or imprisoned in the State Penitentiary for not more than seven (7) years, or both.

(b) Each and every individual advertisement, offer for sale, sale, rental or possession of such recorded devices or offer or making available of equipment or machinery in violation of the provisions of this subsection shall constitute a separate offense.

(4) The provisions of this subsection shall not apply to reproduction of sounds or images made in the home for private use with no purpose of otherwise capitalizing commercially on such reproduction.

CREDIT(S)

Laws 1974, Ch. 527, § 1; Laws 1992, Ch. 556, § 1, eff. July 1, 1992; Laws 2009, Ch. 378, § 4, eff. July 1, 2009.

Miss. Code Ann. § 97-23-89

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-89. Performer's identity to be displayed; forfeiture

(1) For purposes of this section, the following words shall have the meaning ascribed herein, unless the context requires otherwise:

(a) “Person” means any individual, partnership, corporation or association.

(b) “Manufacturer” means any individual, partnership, corporation or association which, after first having acquired the right to transfer sounds or images from the lawful owner thereof, actually transfers or causes the transfer thereon of such sounds or images recorded on a phonograph record, disc, wire, tape, videocassette, film or other article on which sounds or images are recorded, or assembles and transfers any product containing such transferred sounds or images as a component thereof.

(2) It shall be unlawful for any person to manufacture or knowingly (a) sell, rent, distribute or circulate, (b) cause to be sold, distributed or circulated, or (c) possess with intent to sell, rent, distribute or circulate, for any compensation, a recorded article or device containing sounds or images, including any phonograph record, tape, disc, videocassette, film or other article or device upon which sounds or images may be fixed or reproduced, without the actual name and street address of the manufacturer thereof and, when the recorded article or device contains sounds only, without the name of the actual performer or group of performers prominently disclosed on the cover, jacket, box or label containing such recorded article or device. Any person who is convicted of a first violation of this subsection shall be guilty of a felony and fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the State Penitentiary for not more than three (3) years, or both. Any person who is convicted of a second or subsequent violation of this subsection shall be guilty of a felony and fined not more than Fifty Thousand Dollars ($50,000.00) or be imprisoned in the State Penitentiary for not more than seven (7) years, or both.

(3) Each and every individual manufacture, distribution or sale or transfer for a consideration of such recorded article or device in violation of the provisions of this section shall constitute a separate offense.

(4) Property used in any way to violate the provisions of this section shall be subject to forfeiture under Sections 97-21-101 and 97-21-103.

CREDIT(S)

Laws 1974, Ch. 527, § 2; Laws 1992, Ch. 556, § 2, eff. July 1, 1992. Amended by Laws 2011, Ch. 346, § 6, eff. July 1, 2011.

Miss. Code Ann. § 97-23-91

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-91. Construction; actions; confiscation

(1) Except as otherwise provided in this section, the provisions of Sections 97-23-87 through 97-23-91 shall not be construed or interpreted to enlarge or diminish the rights of parties in civil litigation. Such sections shall not be construed or interpreted to apply to the transfer by a television operator, radio or television broadcaster, librarian or archivist of any such sounds (other than from the sound track of a motion picture) intended for, or in connection with, broadcast transmission, retransmission or related uses, or for archival purposes only.

(2) Any owner of a recorded article or device whose work is allegedly the subject of a violation of the provisions of Section 97-23-87 or 97-23-89 shall have a cause of action in the circuit courts of this state for all damages resulting therefrom, including actual, compensatory, incidental and punitive damages.

(3) Any lawful producer of a recorded article or device whose product is allegedly the subject of a violation of the provisions of Section 97-23-87 or 97-23-89 shall have a cause of action in the circuit courts of this state for all damages resulting therefrom, including actual, compensatory, incidental and punitive damages.

(4) It shall be the duty of any state, county or local law enforcement officer to confiscate all recorded articles and devices prohibited by the provisions of Sections 97-23-87 and 97-23-89 and all equipment and components used or intended to be used in the manufacture of the recordings prohibited by said sections. The law enforcement officer confiscating such materials and equipment shall deliver the prohibited recorded material, equipment and components to the State Attorney General or the appropriate local district attorney of the judicial district in which the confiscation was made, or cause the same to be stored in a safe place until such time as the court having jurisdiction over the confiscated recorded material and equipment shall determine the rights, if any, of any person in and to said confiscated materials and the appropriate disposition of such material and equipment. The provisions of this section shall apply to any prohibited recording, regardless of lack of knowledge or intent on the part of the person in possession of same to violate Section 97-23-87 or 97-23-89.

CREDIT(S)

Laws 1974, Ch. 527, § 3; Laws 1992, Ch. 556, § 3, eff. July 1, 1992.

Miss. Code Ann. § 97-23-92

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-92. Use of audiovisual recording device in a motion picture theater

(1) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited without the consent of the motion picture theater owner commits a crime punishable as provided in subsection (7) of this section.

(2) The term “audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology whether developed before or after July 1, 2005.

(3) The term “motion picture theater” means a movie theater, screening room or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the alleged offense.

(4) The owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken while awaiting the arrival of law enforcement authorities by the owner, lessee, agent or employee in the course of subsequently detaining a person whom the owner, lessee, agent or employee in good faith believed to have violated this section unless the plaintiff can show by clear and convincing evidence that the measures were manifestly unreasonable or the period of detention was unreasonably long.

(5) This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent of the local, state or federal government from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.

(6) Nothing in this section shall prevent prosecution under any provision of law providing for greater penalty.

(7) A person convicted of violating this section shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment in the county jail not to exceed six (6) months, or either.

CREDIT(S)

Added by Laws 2005, Ch. 336, § 1, eff. July 1, 2005.

Miss. Code Ann. § 97-23-93

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-93. Shoplifting, generally

(1) Any person who shall wilfully and unlawfully take possession of any merchandise owned or held by and offered or displayed for sale by any merchant, store or other mercantile establishment with the intention and purpose of converting such merchandise to his own use without paying the merchant's stated price therefor shall be guilty of the crime of shoplifting and, upon conviction, shall be punished as is provided in this section.

(2) The requisite intention to convert merchandise without paying the merchant's stated price for the merchandise is presumed, and shall be prima facie evidence thereof, when such person, alone or in concert with another person, willfully:

(a) Conceals the unpurchased merchandise;

(b) Removes or causes the removal of unpurchased merchandise from a store or other mercantile establishment;

(c) Alters, transfers or removes any price-marking, any other marking which aids in determining value affixed to the unpurchased merchandise, or any tag or device used in electronic surveillance of unpurchased merchandise;

(d) Transfers the unpurchased merchandise from one container to another; or

(e) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the unpurchased merchandise.

(3) Evidence of stated price or ownership of merchandise may include, but is not limited to:

(a) The actual merchandise or the container which held the merchandise alleged to have been shoplifted; or

(b) The content of the price tag or marking from such merchandise; or

(4) Any merchant or his agent or employee may testify at a trial as to the stated price or ownership of merchandise.

(5) A person convicted of shoplifting merchandise for which the merchant's stated price is less than or equal to Five Hundred Dollars ($500.00) shall be punished as follows:

(a) Upon a first shoplifting conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or punished by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

(b) Upon a second shoplifting conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00) or punished by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

(6) Upon a third or subsequent shoplifting conviction the defendant shall be guilty of a felony and fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for a term not exceeding five (5) years, or by both such fine and imprisonment.

(7) A person convicted of shoplifting merchandise for which the merchant's stated price exceeds Five Hundred Dollars ($500.00) shall be guilty of a felony and, upon conviction, punished as provided in Section 97-17-41 for the offense of grand larceny.

(8) In determining the number of prior shoplifting convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven (7) years prior to the shoplifting offense in question.

(9) For the purpose of determining the gravity of the offense under subsection (7) of this section, the prosecutor may aggregate the value of merchandise shoplifted from three (3) or more separate mercantile establishments within the same legal jurisdiction over a period of thirty (30) or fewer days.

CREDIT(S)

Laws 1988, Ch. 556, § 1, eff. July 1, 1988. Amended by Laws 2003, Ch. 499, § 8, eff. July 1, 2003; Laws 2005, Ch. 511, § 2, eff. July 1, 2005.

Miss. Code Ann. § 97-23-93.1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-93.1. Theft detection shielding devices; prohibition

(1) As used in this section:

(a) “Theft detection device” means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant.

(b) “Theft detection device remover” means any tool or device specifically designed or manufactured to be used to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(c) “Theft detection shielding device” means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

(2)(a) A person commits unlawful distribution of a theft detection shielding device when he or she knowingly manufactures, sells, offers to sell or distributes any theft detection shielding device.

(b) A person commits unlawful possession of a theft detection shielding device when he or she knowingly possesses any theft detection shielding device with the intent to commit larceny or shoplifting.

(c) A person commits unlawful possession of a theft detection device remover when he or she knowingly possesses any theft detection device remover with the intent to use such tool to remove any theft detection device from any merchandise without the permission of the merchant or person owning or holding said merchandise.

(d) A person commits unlawful use of a theft detection shielding device or a theft detection device remover when he or she uses or attempts to use either device while committing a violation of Section 97-23-93, Mississippi Code of 1972.

(e) Any person convicted of violating this subsection (2) is guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned for not less than thirty (30) days nor more than one (1) year, and fined not less than Two Hundred Fifty Dollars ($250.00), nor more than One Thousand Dollars ($1,000.00).

(3)(a) A person commits unlawful removal of a theft detection device when he or she intentionally removes any theft detection device from merchandise prior to purchase without the permission of the merchant or person owning or holding said merchandise.

(b) Any person convicted of violating this subsection (3) is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and such fine shall not be suspended, or the person shall be imprisoned not more than sixty (60) days, or both.

(4)(a) The activation of an anti-shoplifting or inventory control device as a result of a person exiting the establishment or a protected area within the establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided notice has been posted to advise patrons that such a device is being utilized. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device or for the recovery of goods.

(b) The taking into custody and detention by a law enforcement officer, merchant or merchant's employee, if in compliance with the requirements of this section, does not render such law enforcement officer, merchant or merchant's employee criminally or civilly liable for false arrest, false imprisonment, unlawful detention, malicious prosecution, intentional infliction of emotional distress or defamation.

CREDIT(S)

Added by Laws 2001, Ch. 558, § 1, eff. July 1, 2001.

Miss. Code Ann. § 97-23-94

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-94. Aiding or abetting shoplifting by minor; punishment

(1) In addition to any other offense and penalty provided by law, it shall be unlawful for any person eighteen (18) years of age or older to encourage, aid or abet any person under the age of eighteen (18) years to commit the crime of shoplifting as defined in Section 97-23-93. In addition to any other penalty provided by law, any person who violates this section shall be punished as follows:

(a) Upon a first conviction the defendant shall be guilty of a misdemeanor and fined not more than Seven Hundred Fifty Dollars ($750.00), or punished by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.

(b) Upon a second conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00) or punished by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.

(c) Upon a third or subsequent conviction the defendant shall be guilty of a felony and fined One Thousand Dollars ($1,000.00), or imprisoned for a term not exceeding five (5) years, or by both such fine and imprisonment.

(2) In addition to the penalties prescribed in subsection (1) of this section, the court is authorized to require the defendant to make restitution to the owner of the property where shoplifting occurred in an amount equal to twice the value of such property.

CREDIT(S)

Laws 1994, Ch. 595, § 6, eff. July 1, 1994.

Miss. Code Ann. § 97-23-94.1

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-94.1. Aiding or abetting shoplifting by minor; other punishment

Any person aged eighteen (18) years or older who encourages, aids or abets any person under the age of eighteen (18) years to violate Section 97-23-93 shall be punished as provided in Section 97-23-94 and as otherwise provided by law.

CREDIT(S)

Laws 1994, Ch. 595, § 8, eff. July 1, 1994.

Miss. Code Ann. § 97-23-95

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-95. Shoplifting, detention of suspect

If any person shall commit or attempt to commit the offense of shoplifting, or if any person shall wilfully conceal upon his person or otherwise any unpurchased goods, wares or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may question such person in a reasonable manner for the purpose of ascertaining whether or not such person is guilty of shoplifting as defined herein. Such questioning of a person by a merchant, merchant's employee or peace or police officer shall not render such merchant, merchant's employee or peace or police officer civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention or otherwise in any case where such merchant, merchant's employee or peace or police officer acts in good faith and upon reasonable grounds to believe that the person questioned is committing or attempting to commit the crime of shoplifting.

CREDIT(S)

Laws 1988, Ch. 556, § 2, eff. July 1, 1988.

Miss. Code Ann. § 97-23-96

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-96. Shoplifting, civil remedies

(1) Any person who proves by clear and convincing evidence that he has been injured in any fashion by reason of any violation of the provisions of Section 97-23-93, Mississippi Code of 1972, has a cause of action for threefold the actual damages sustained or damages in the amount of Two Hundred Dollars ($200.00), whichever is greater, reasonable attorney's fees and court costs in the trial and in any proceedings in appellate courts. The recovery of stolen goods regardless of condition shall not affect the right to the minimum recovery provided herein.

(2) Before filing an action for damages under this section, the person claiming injury must make a written demand for Two Hundred Dollars ($200.00) or threefold the actual damages sustained, whichever is greater, of the person or accused liable for damages under this section. If the accused to whom a written demand is made complies with such demand within thirty (30) days after receipt of the demand, he shall be given a written release from further civil liability for the specific act of shoplifting by the victim making the written demand.

(3) Any victim who has a cause of action under this section may recover the damages allowed under this section from the parents or legal guardian of any unemancipated minor who lives with his parents or legal guardian and who is liable for damages under this section if it is proven that the parents or legal guardian had knowledge of the minor's intent to violate the provisions of Section 97-23-93 or aided and abetted the minor in such violations. Foster parents shall not be liable for the acts of children placed with them.

Nothing in this section shall in any way be construed as to abrogate, compromise or violate any minor's right to confidentiality under any other provision of the Mississippi Code of 1972 or otherwise.

(4) In no event shall punitive damages be awarded under this section.

(5) In awarding damages, attorney's fees, expenses or costs under this section, the court shall not consider the ability of the opposing party to pay such fees and costs. Nothing under this section shall be interpreted as limiting any right to recover damages, attorney's fees, expenses or costs provided under other provisions of law.

CREDIT(S)

Laws 1991, Ch. 498, § 1, eff. July 1, 1991.

Miss. Code Ann. § 97-23-97

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-97. Scalping of tickets to certain events

It shall be unlawful for any admission ticket to any athletic contest of any college or university of the State of Mississippi or for any admission ticket to any entertainment event held on state property to be sold for a price in excess of the price printed on the face of the ticket.

It shall be unlawful to sell any such admission tickets at any place or in any manner except at such places and in such manner as designated by the proper authorities issuing such tickets.

Nothing in this section shall prohibit a private individual from selling tickets bought for personal use at a price not to exceed the price on the face of the ticket.

Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

CREDIT(S)

Laws 1990, Ch. 342, § 1, eff. July 1, 1990.

Miss. Code Ann. § 97-23-99

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-99. Employee's unauthorized giving away of merchant's goods

It shall be unlawful for any employee of a merchant engaged in the sale of goods to the public to willfully give away any merchandise of a value of less than Two Hundred Fifty Dollars ($250.00) intended for sale without receiving full payment for such merchandise or to give away any merchandise without the specific authorization of the merchant. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year or both.

CREDIT(S)

Laws 1996, Ch. 330, § 1, eff. July 1, 1996.

Miss. Code Ann. § 97-23-101

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-101. Laundering of monetary instruments

(1)(a) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity:

(i)1. With the intent to promote the carrying on of specified unlawful activity; or

2. With intent to engage in conduct constituting a violation of Section 7201 or 7206 of the Internal Revenue Code of 1986; or

(ii) Knowing that the transaction is designed in whole or in part:

1. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

2. To avoid a transaction reporting requirement under state or federal law,

shall be sentenced to a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty (20) years, or both.

(b) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the state to or through a place outside the state or to a place in the state from or through a place outside the state;

(i) With the intent to promote the carrying on of specified unlawful activity; or

(ii) Knowing that the monetary instrument or funds involved in the transportation represent the proceeds of some form of unlawful activity and knowing that such transportation is designed in whole or in part:

1. To conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or

2. To avoid a transaction reporting requirement under state or federal law,

shall be sentenced to a fine of Five Hundred Thousand Dollars ($500,000.00) or twice the value of the monetary instrument or funds involved in the transportation, whichever is greater, or imprisonment for not more than twenty (20) years, or both.

(i) To promote the carrying on of specified unlawful activity;

(ii) To conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or

(iii) To avoid a transaction reporting requirement under state or federal law,

conducts or attempts to conduct a financial transaction involving property represented by a law enforcement officer to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than twenty (20) years, or both. For purposes of this paragraph, the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a government official authorized to investigate or prosecute violations of this section.

(2) Whoever conducts or attempts to conduct a transaction described in subsection (1)(a), or a transportation described in subsection (1)(b), is liable to the state for a civil penalty of not more than the greater of:

(a) The value of the property, funds, or monetary instruments involved in the transaction; or

(b) Ten Thousand Dollars ($10,000.00).

(3) As used in this section:

(a) The term “knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under state or federal law;

(b) The term “conducts” includes initiating, concluding, or participating in initiating, or concluding a transaction;

(c) The term “transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;

(d) The term “financial transaction” means a transaction involving the movement of funds by wire or other means or involving one or more monetary instruments, which in any way or degree affects interstate or foreign commerce, or a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree;

(e) The term “monetary instruments” means coin or currency of the United States or of any other country, travelers' checks, personal checks, bank checks, money orders, investment securities in bearer form or otherwise in such form that title thereto passes upon delivery, and negotiable instruments in bearer form or otherwise in such form that title thereto passes upon delivery;

(f) The term “financial institution” has the definition given that term in Section 5312(a)(2) of Title 31, United States Code, and the regulations promulgated thereunder.

(4) Nothing in this section shall supersede any provision of federal, state, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.

(5) Violations of this section may be investigated by the Attorney General.

(6) If a person is convicted of a federal violation of laundering of monetary instruments, such person shall not be prosecuted under this section for the same set of facts which resulted in the federal conviction.

CREDIT(S)

Laws 1998, Ch. 475, § 1, eff. July 1, 1998.

Miss. Code Ann. § 97-23-103

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-103. Home repair fraud

(1) As used in this section, unless the context clearly requires otherwise:

(a) “Home repair” means the fixing, replacing, altering, converting, modernizing, improving of or the making of an addition to any real property primarily designed or used as a residence.

(i) Home repair shall include the construction, installation, replacement or improvement of driveways, swimming pools, porches, kitchens, chimneys, chimney liners, garages, fences, fallout shelters, central air conditioning, central heating, boilers, furnaces, hot water heaters, electrical wiring, sewers, plumbing fixtures, storm doors, storm windows, awnings, carpets and other improvements to structures within the residence or upon the land adjacent thereto.

(ii) Home repair shall not include the sale of goods or materials by a merchant who does not directly or through a subsidiary perform any work or labor in connection with the installation or application of the goods or materials; the repair, installation, replacement or connection of any home appliance, including, but not limited to, disposals, refrigerators, ranges, garage door openers, television antennas, washing machines, telephones or other home appliances when the person replacing, installing, repairing or connecting such home appliance is an employee or agent of the merchant that sold the home appliance; or landscaping.

(b) “Person” means any individual, partnership, corporation, business, trust or other legal entity.

(c) “Residence” means a single or multiple family dwelling, including, but not limited to, a single family home, apartment building, condominium, duplex, townhouse or mobile home which is used or intended to be used by its occupants as their dwelling place.

(2) A person commits the offense of home repair fraud when he knowingly:

(a) Enters into an agreement or contract, written or oral, with a person for home repair, and he knowingly:

(i) Misrepresents a material fact relating to the terms of the contract or agreement or the preexisting or existing condition of any portion of the property involved, or creates or confirms another's impression which is false and which he does not believe to be true, or promises performance which he does not intend to perform or knows will not be performed;

(ii) Uses or employs any deception, false pretense or false promises in order to induce, encourage or solicit such person to enter into any contract or agreement;

(iii) Misrepresents or conceals either his real name, the name of his business or his business address; or

(iv) Uses deception, coercion or force to obtain the victim's consent to modification of the terms of the original contract or agreement;

(b) Damages the property of a person with the intent to enter into an agreement or contract for home repair; or

(c) Misrepresents himself or another to be an employee or agent of any unit of the federal, state or municipal government or any other governmental unit, or an employee or agent of any public utility, with the intent to cause a person to enter into, with himself or another, any contract or agreement for home repair.

(3) Intent and knowledge shall be determined by an evaluation of all circumstances surrounding a transaction and the determination shall not be limited to the time of contract or agreement.

(4) Substantial performance shall not include work performed in a manner of little or no value or work that fails to comply with the appropriate municipal, county, state or federal regulations or codes.

(5) Violation of this section shall be punished as follows:

(a) A first conviction under this section shall be a misdemeanor when the amount of the fraud is less than Five Thousand Dollars ($5,000.00) and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisonment in the county jail not to exceed six (6) months, or both.

(b) A second or subsequent conviction under this section shall be punished as follows:

(i) As a felony punishable by imprisonment in the custody of the Department of Corrections not to exceed two (2) years when the amount of the fraud is more than One Thousand Dollars ($1,000.00) but less than Five Thousand Dollars ($5,000.00).

(ii) As a misdemeanor punishable by imprisonment in the county jail for not more than six (6) months when the amount of the fraud is One Thousand Dollars ($1,000.00) or less.

(c) A first or subsequent conviction under this section shall be a felony when the amount of the fraud is over Five Thousand Dollars ($5,000.00) and shall be punished as follows:

(i) By imprisonment in the custody of the Department of Corrections not to exceed five (5) years or a fine not to exceed Ten Thousand Dollars ($10,000.00) or both when the amount of the fraud is Five Thousand Dollars ($5,000.00) or more, but less than Ten Thousand Dollars ($10,000.00).

(ii) By imprisonment in the custody of the Department of Corrections not to exceed ten (10) years or a fine not to exceed Ten Thousand Dollars ($10,000.00) when the amount of the fraud is Ten Thousand Dollars ($10,000.00) or more.

(6) In addition to any other sentence it may impose, the court shall order that the defendant shall make restitution to the victim, either within a specified period of time or in specified installments. The order shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay the amounts ordered at the time of sentencing. Intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.

CREDIT(S)

Added by Laws 2003, Ch. 499, § 10, eff. July 1, 2003. Amended by Laws 2006, Ch. 348, § 1, eff. from and after passage (approved March 13, 2006).

Miss. Code Ann. § 97-23-105

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-105. Fraudulent use or possession of receipts or universal product code labels

(1) A person who, with intent to cheat or defraud a retailer, possesses, uses, utters transfers, makes, alters, counterfeits or reproduces a retail sales receipt or a universal product code label commits a misdemeanor which shall be punished, upon conviction thereof, by imprisonment not to exceed one (1) year, a fine not to exceed Five Thousand Dollars ($5,000.00), or both.

(2) A person who, with intent to cheat or defraud a retailer, possesses fifteen (15) or more retail sales receipts or universal product code labels or possesses a device the purpose of which is to manufacture fraudulent retail sale receipts or universal product code labels commits a felony punishable, upon conviction thereof, by imprisonment not to exceed five (5) years, a fine not to exceed Ten Thousand Dollars ($10,000.00), or both.

CREDIT(S)

Added by Laws 2005, Ch. 511, § 3, eff. July 1, 2005.

Miss. Code Ann. § 97-23-107

West’s Annotated Mississippi Code Currentness

Title 97. Crimes

Chapter 23. Offenses Affecting Trade, Business and Professions

§ 97-23-107. Residential mortgage fraud

(1) A person commits the offense of residential mortgage fraud when, with the intent to defraud such person, he:

(a) Knowingly makes any deliberate misstatement, misrepresentation or omission during the mortgage lending process with the intention that it be relied on by a licensed mortgage broker or mortgage lender, borrower or any other party to the mortgage lending process;

(b) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation or omission, knowing the same to contain a misstatement, misrepresentation or omission, during the mortgage lending process with the intention that it be relied on by a company, borrower, or any other party to the mortgage lending process;

(c) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (a) or (b) of this subsection;

(d) Conspires to violate any of the provisions of paragraph (a), (b) or (c) of this subsection; or

(e) Files or causes to be filed with the chancery clerk of any county of this state any deed of trust such person knows to contain a deliberate misstatement, misrepresentation or omission.

(2) An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations and interpretations related to the mortgage lending process.

(3) For

	_________________________
	(Signature of Affiant)
	_________________________
	Affiant

	_________________________
	(Signature of Official)
	_________________________
	(Title of Official)

	“STATE OF ________________________________
	COUNTY OF ________________________________

	__________, being first duly sworn on oath, deposes and states that he/she is at least eighteen (18) years of age and that on (date) __________, 2___, he/she served the attached Notice of Dishonor by placing a true and correct copy thereof securely enclosed in an envelope addressed as follows:
	___________________________________________________________________________
	___________________________________________________________________________
	___________________________________________________________________________
	and deposited the same, postage prepaid, in the United States mail at __________, __________.

		__________________________________________
		(signature)

	Subscribed to and sworn before me, this the __________ day of __________, 2___.

		__________________________________________
		(Notary Public)
	My commission expires:
	(SEAL)”