Mississippi Code, Volume 21, 2013 Supplement

2013·26 MB·English

by  State of Mississippi

2013
CUMULATIVE SUPPLEMENT
TO
CODE
MISSISSIPPI
ANNOTATED
1972
Issued September 2013
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
ENACTED THROUGH THE 2013 REGULAR SESSION
AND 1STAND 2ND EXTRAORDINARY SESSIONS
OF THE LEGISLATURE
PUBLISHED BYAUTHORITY OF
THE LEGISLATURE
SUPPLEMENTING
Volume
21
(As Revised 2006)
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User's Guide
In orderto assistboththelegalprofession andthelaymaninobtainingthe
maximumbenefitfrom the Mississippi Code of1972Annotated, aUser's Guide
has been included in the main volume. This guide contains comments and
information on the many features found within the Code intended to increase
the usefulness ofthe Code to the user.
iii
Digitized by the Internet Arcliive
2014
in
https://archive.org/details/govlawmscode21s2013
PUBLISHER'S FOREWORD
Statutes
The 2013 Supplement to the Mississippi Code of 1972 Annotated reflects
the statute law of Mississippi as amended by the Mississippi Legislature
through the end ofthe 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Annotations
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Annotations to collateral research
references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sources that are readto create annotations forthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecent cases annotatedmaynotyethaveprintreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate
federal courts. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal 2nd
Mississippi College Law Review
Mississippi Law Journal
Finally, published opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Amendment Notes
Amendment notes detail how the new legislation affects existing sections.
Editor's Notes
Editor's notes summarize subject matter and legislative history of re-
pealed sections, provide information as to portions oflegislative acts thathave
not been codified, or explain other pertinent information.
V
Publisher's Foreword
Joint Legislative Committee Notes
Joint Legislative Committee notes explain codification decisions and
corrections ofCode errors made by the Mississippi Joint Legislative Commit-
tee on Compilation, Revision, and Publication ofLegislation.
Tables
The StatutoryTablesvolume adds tables showingdisposition oflegislative
acts through the 2013 Regular Session and 1st and 2nd Extraordinary
Sessions.
Index
The comprehensive Index to the Mississippi Code of 1972 Annotated is
replaced annually, and we welcome customer suggestions. The foreword to the
Index explains our indexing principles, suggests guidelines for successful
index research, and provides methods for contacting indexers.
Acknowledgements
The publisher wishes to acknowledge the cooperation and assistance
rendered by the Mississippi Joint Legislative Committee on Compilation,
Revision, and Publication ofLegislation, as v/ell as the offices ofthe Attorney
General and Secretary ofState, in the preparation ofthis supplement.
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September 2013 LexisNexis
vi
SCHEDULE OF NEW SECTIONS
Added in this Supplement
TITLE 97. CRIMES
CHAPTER 3. CrimesAgainst the Person
Sec.
97-3-52. Prohibition against selling, buying, offering to sell and offering to buy
child or unborn child; penalties.
97-3-54.5. Human Trafficking Act; use of undercover operative in detection of
offense permitted.
97-3-54.6. Human Trafficking Act; injunctive and other relieffor victims oftraf-
ficking; confidentiality.
97-3-54.7. Human TraffickingAct; forfeiture ofassets and disposition ofproceeds.
97-3-54.8. Human TraffickingAct; Relieffor Victims ofHuman Trafficking Fund.
97-3-54.9. Human Trafficking Act; statewide human trafficking coordinator; du-
ties.
CHAPTER 5. OffensesAffecting Children
97-5-49. Knowingly allowing partywhere minor obtains, possesses or consumes
alcoholic beverage; definitions; applicability ofsection; penalties.
97-5-51. Mandatory reporting of sex crimes against minors; definitions; proce-
dure; report contents; forensic samples; penalties.
97-7-73. Offering a false instrument for recording against a public servant;
penalties.
CHAPTER 9. OffensesAffectingAdministration ofJustice
Article 3. Obstruction of Justice
97-9-116. Bribing ajudge.
CHAPTER 15. OffensesAffecting Highways, Ferries and Waterways
97-15-32. Dumping of dead wildlife, wildlife parts or waste in or on highways,
private property, lakes, navigable waters, etc.; penalties.
CHAPTER 17. CrimesAgainst Property
IN GENERAL
97-17-62. Larceny; theft ofrental property.
97-17-71.1. Registration by scrap metal dealers with office of Secretary of State
required; penalties for violations; enforcement.
97-17-71.2. Scrap metal dealers prohibited from paying cash or makingpa3m[ient of
any kind at time of transaction for air conditioner evaporator coil or
condenser; scrap metal dealers permitted to purchase air conditioner
evaporatorcoilorcondenseronlyfromcertaincontractors orcompanies;
paymentforscrapmetaltobemadebycheckormoneyorderandmailed
tobusiness address ofcompanyforwhommetalbeingsold; penaltiesfor
violations.
2013 Supplement 1
Schedule of New Sections
CHAPTER 21. Forgery and Counterfeiting
Article 2. Forfeiture of Property for Violations of Trademarkand Recordings
Laws
Sec.
97-21-101. Property used in trademark and recordings violations subject to civil
forfeiture; who may institute proceedings.
97-21-103. Seizure and forfeiture proceedings; determination of property owner;
determination of existence of parties with security interests affecting
property; notice to holders ofsecurity interests; hearing; disposition of
forfeited property and proceeds.
CHAPTER 23. OffensesAffecting Trade, Business and Professions
97-23-107. Residential mortgage fraud; elements of offense; establishing venue;
penalties; forfeitureofallpropertyusedinorobtainedthroughviolation
ofsection; pattern ofresidential mortgage fraud.
CHAPTER 32. Tobacco Offenses
Article 5. Distribution ofAlternative Nicotine Products to Minors
97-32-51. Distribution of alternative nicotine products to minors prohibited;
definitions; penalties; verification ofpurchaser's age.
CHAPTER 33. Gambling and Lotteries
IN GENERAL
97-33-8. Illegal gambling; Internet sweepstakes cafes prohibited.
CHAPTER 35. CrimesAgainst Public Peace and Safety
97-35-51. Obstructing access to emergency assistance; penalties.
CHAPTER 37. Weapons and Explosives
GENERAL PROVISIONS
97-37-30. Willful discharge of a firearm toward the dwelling of another causing
damage to property or domesticated animal or livestock.
HONESTY IN PURCHASING FIREARMSACT
97-37-101. Short title.
97-37-103. Definition.
97-37-105. Crime of soliciting, persuading, encouraging or enticing illegal sale of
firearmsorammunition; crimeofprovidingfalseinformationtolicensed
dealer or private seller offirearms or ammunition.
CHAPTER 45. Computer Crimes and Identity Theft
97-45-33. Online impersonation; penalties.
2 2013 Supplement
CODE
MISSISSIPPI
1972
ANNOTATED
VOLUME TWENTY-ONE
TITLE 97
CRIMES
Chapter 1. Conspiracy, Accessories andAttempts 97-1-1
Chapter 3. Crimes Against the Person 97-3-1
Chapters. Offenses Affecting Children 97-5-1
Chapter 7. CrimesAgainst SovereigntyorAdministration ofGovernment 97-7-1
Chapter 9. Offenses AffectingAdministration ofJustice 97-9-1
Chapter 15. Offenses Affecting Highways, Ferries and Waterways 97-15-1
Chapter 17. CrimesAgainst Property 97-17-1
Chapter 19. False Pretenses and Cheats 97-19-1
Chapter 21. Forgery and Counterfeiting 97-21-1
Chapter 23. Offenses Affecting Trade, Business and Professions 97-23-1
Chapter 25. Offenses Affecting Railroads, Public Utilities and Carriers ... 97-25-1
Chapter 27. Crimes Affecting Public Health 97-27-1
Chapter 29. Crimes Against Public Morals and Decency 97-29-1
Chapter 31. Intoxicating Beverage Offenses 97-31-1
Chapter 32. Tobacco Offenses 97-32-1
Chapter 33. Gambhng and Lotteries 97-33-1
Chapter 35. Crimes Against Public Peace and Safety 97-35-1
Chapter 37. Weapons and Explosives 97-37-1
Chapter 41. Cruelty toAnimals 97-41-1
Chapter 43. Racketeer Influenced and Corrupt Organization Act (RICO) 97-43-1
Chapter 45. Computer Crimes and Identity Theft 97-45-1
CHAPTER
1
Conspiracy, Accessories andAttempts
Sec.
97-1-1. Conspiracy.
97-1-5. Accessories after the fact; punishment.
97-1-7. Attempt to commit offense; punishment.
§ 97-1-1. Conspiracy.
(1) Iftwo (2) or more persons conspire either:
(a) To commit a crime; or
(b) Falsely andmaliciouslyto indict anotherforacrime, orto procure to
be complained ofor arrested for a crime; or
2013 Supplement 3
§ 97-1-1 Crimes
(c) Falsely to institute or maintain an action or suit ofany kind; or
(d) To cheat and defraud another out ofproperty by any means which
are in themselves criminal, or which, ifexecuted, would amount to a cheat,
or to obtain money or any other property or thing by false pretense; or
(e) Toprevent anotherfromexercisingalawfultrade orcalling, ordoing
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 ofemployment thereof; or
(f) To commit any act injurious to the public health, to public morals,
trade or commerce, or for the perversion or obstruction ofjustice, or ofthe
due administration ofthe laws; or
(g) To overthrow orviolate the laws ofthis state throughforce, violence,
threats, intimidation, or otherwise; or
(h) To accomplish any unlawful purpose, or a lawful purpose by any
unlawful means; such persons, and each ofthem, shall be guilty ofa 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 ofthe conspirators is a law enforcement officer
engaged in the performance ofofficial duty or a person acting at the direction
ofa law enforcement officer in the performance ofofficial duty, any remaining
conspirator may be charged under this section ifthe alleged conspirator acted
voluntarily andwillfully andwas not entrappedbythe law enforcement officer
or person acting at the direction ofa 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.
SOURCES: Codes, 1892, § 1006; 1906, § 1084; Hemingway's 1917, § 810; 1930,
§ 830; 1942, § 2056; Laws, 1954, Ex. eh. 20; Laws, 1968, eh. 343, § 1; Laws,
1981, ch. 488, § 1; Laws, 2007, ch. 500, § 1, efffrom and after July 1, 2007.
—
AmendmentNotes The 2007 amendment added (2) and redesignated the former
first paragraph as present (1) and the former second and third paragraphs as present
(3)and(4); deleted"Providedthat"fromthebeginningof(3)and(4);inserted"orSection
41-29-313(1)" in (3); and—made a minor stylistic change.
Cross References Statute of limitation for prosecution for conspiracy, see
§ 99-1-5.
4 2013 Supplement