Mississippi Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Mississippi criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Mississippi
- How much theft is a felony
- Theft (called larceny) becomes a felony, grand larceny, when the property is worth $1,000 or more. Grand larceny tiers: $1,000 to less than $5,000, up to 5 years and/or a fine up to $10,000; Miss. Code Ann. §§ 97-17-41, 97-17-43
- Stand your ground / duty to retreat
- Mississippi is a stand-your-ground state by statute. A person who is not the initial aggressor, is not engaged in unlawful activity, and is in a place where the person has a right to be 'shall have no duty to retreat before using deadly force' in the justified situations of §… Miss. Code Ann. § 97-3-15(4)
- Criminal statutes of limitations
- 'The passage of time shall never bar prosecution' for murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud… Miss. Code Ann. § 99-1-5
- Marijuana possession
- Adult-use (recreational) marijuana is not legal. Possessing 30 grams or less is punished for a first offense by a fine of not less than $100 nor more than $250; Miss. Code Ann. §§ 41-29-139(c)(2), 41-137-5
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Mississippi does not divide felonies into classes or degrees; each offense statute sets its own maximum penitentiary term and fine. 'The term ‘felony,’ when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary' (§ 1-3-11, as quoted by the Mississippi Supreme Court). |
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| Misdemeanor classes and maximum penalties | Mississippi does not group misdemeanors into classes; each offense statute sets its own fine and jail term. When a statute makes conduct a crime without setting a penalty, the default punishment is a fine of not more than one thousand dollars ($1,000.00), up to six months in the county jail, or both (§ 99-19-31). Under § 1-3-11, a 'felony' is any violation punished with death or confinement in the penitentiary, so offenses punished only by fine or county jail are misdemeanors. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| How much theft is a felony | Theft (called larceny) becomes a felony, grand larceny, when the property is worth $1,000 or more. Grand larceny tiers: $1,000 to less than $5,000, up to 5 years and/or a fine up to $10,000; $5,000 to less than $25,000, up to 10 years and/or up to $10,000; $25,000 or more, up to 20 years and/or up to $10,000 (§ 97-17-41(1)-(3)). Property worth 'under the value of One Thousand Dollars ($1,000.00)' is petit larceny, punishable by up to six months in county jail and/or a fine up to $1,000; a third or later petit larceny where the property is worth at least $500 is punishable by up to three years in the Penitentiary (§ 97-17-43(1)). Values taken from a single victim are added together (aggregated). Property from a church, synagogue, temple or other place of worship has its own tiers in § 97-17-41(4). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Self-defense
| Stand your ground / duty to retreat | Mississippi is a stand-your-ground state by statute. A person who is not the initial aggressor, is not engaged in unlawful activity, and is in a place where the person has a right to be 'shall have no duty to retreat before using deadly force' in the justified situations of § 97-3-15(1)(e) or (f), and a jury or judge may not consider the person's failure to retreat as evidence that the force was unnecessary, excessive or unreasonable (§ 97-3-15(4)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-3-15(4) |
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| Castle doctrine (defending your home) | A person who uses defensive force 'shall be presumed to have reasonably feared imminent death or great bodily harm' when the person against whom force was used was unlawfully and forcibly entering, or had entered, a dwelling, an occupied vehicle, a place of business or place of employment, or its immediate premises, and the defender knew or had reason to believe this (§ 97-3-15(3)). The presumption does not apply if the person against whom force was used has a right to be there or is a lawful resident or owner, if the defender is engaged in unlawful activity, or against a law enforcement officer performing official duties. The presumption also applies in civil cases; a court must award fees, costs and lost income to a defendant it finds acted in justified self-defense, and a person found not guilty on that basis is immune from civil suits for damages from the same conduct (§ 97-3-15(5)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Charges, bail and your lawyer
| Criminal statutes of limitations | 'The passage of time shall never bar prosecution' for murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child, touching a child for lustful purposes, sexual battery of a child, exploitation of children, felonious abuse of vulnerable persons, listed human trafficking offenses, and certain other listed offenses (§ 99-1-5(1)(a)). Special limits: five years for felonious assistance-program fraud and for bribery, six years for larceny of timber; conspiracy has the same limit as the underlying offense. For any other offense not listed, prosecution must begin 'within two (2) years after the commission thereof' (§ 99-1-5(2)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 99-1-5 |
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| Bail and pretrial release | Under the Mississippi Rules of Criminal Procedure, a defendant charged with an offense bailable as a matter of right 'shall be released' on personal recognizance or an appearance bond unless the court finds release will not reasonably assure appearance or the defendant poses a real and present danger to others or the public; if so, the court shall impose the least onerous conditions that will reasonably assure appearance or minimize the risk (Rule 8.2(a)). The court considers listed factors, including age, family ties, criminal record, violence in the alleged offense, the nature of the offense and likely sentence, weapon used, threats against victims or witnesses, residence, employment and financial condition (Rule 8.2(a)(1)-(15)). Rule 8.2(c) sets bond guidelines courts may go above or below, e.g., capital felony $25,000 to no bail allowed; non-capital felonies punishable by up to 10 years $5,000 to $50,000; misdemeanors punishable by up to 6 months $250 to $1,000. A person arrested must be taken before a judge for an initial appearance without unnecessary delay and no later than forty-eight (48) hours after arrest (Rule 5.1). Source: Miss. R. Crim. P. 5.1, 8.2 |
| Right to a public defender | An 'indigent' defendant is 'a person who is financially unable to employ counsel' (Rule 7.3(a)). A defendant who wants to proceed as indigent may complete an affidavit on the defendant's financial resources on a court-approved form, or be examined under oath by the judge (Rule 7.3(b)). In counties or municipalities that have a public defender, the public defender represents defendants entitled to appointed counsel; otherwise a private attorney is appointed (Rule 7.3(e)-(f)). Each circuit establishes local procedures for appointing counsel (Rule 7.2). Source: Miss. R. Crim. P. 7.2, 7.3 |
Other common questions
| Age of consent | Mississippi's statutory rape law (§ 97-3-65) effectively sets the age of consent at 16. It is statutory rape for a person 17 or older to have sexual intercourse with a child who is at least 14 but under 16, is 36 or more months younger, and is not the person's spouse (§ 97-3-65(1)(a)); and for a person of any age to have intercourse with a child under 14 who is 24 or more months younger (§ 97-3-65(1)(b)). 'Neither the victim's consent nor the victim's lack of chastity is a defense' (§ 97-3-65(2)). Penalties range by the offender's age, up to life imprisonment (not less than 20 years) for an offender 18 or older under (1)(b) (§ 97-3-65(3)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-3-65 |
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| Marijuana possession | Adult-use (recreational) marijuana is not legal. Possessing 30 grams or less is punished for a first offense by a fine of not less than $100 nor more than $250; a second conviction within two years is a misdemeanor with a $250 fine and up to 60 days in county jail, and a third or later within two years is a misdemeanor with a $250 to $1,000 fine and up to six months in county jail (§ 41-29-139(c)(2)(A)(1)). A driver who has more than 1 gram but not more than 30 grams in a motor vehicle is guilty of a misdemeanor, up to a $1,000 fine and/or 90 days in county jail (§ 41-29-139(c)(2)(A)(2)). More than 30 but less than 250 grams can bring up to one year in county jail or up to three years in Department of Corrections custody; larger amounts carry longer terms. Medical cannabis is allowed for registered patients with a practitioner's written certification of a debilitating medical condition and a Department of Health registry identification card (§ 41-137-5). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Assault, battery and domestic violence
| Assault | Simple assault covers attempting to cause or causing bodily injury, negligently causing injury with a deadly weapon, or using physical menace to put someone in fear of imminent serious bodily harm; it is punished by a fine of not more than $500, up to six months in county jail, or both (§ 97-3-7(1)(a)). Aggravated assault covers attempting to cause or causing serious bodily injury, or causing or attempting bodily injury with a deadly weapon or other means likely to produce death or serious bodily harm; it is punished by up to one year in county jail or up to 20 years in Department of Corrections custody (§ 97-3-7(2)(a)), which makes it a felony under § 1-3-11. Assaulting a listed person, such as a police officer, firefighter, health care worker, teacher, judge, or someone 65 or older, raises simple assault to up to $1,000 and/or five years, and aggravated assault to up to $5,000 and/or 30 years (§ 97-3-7(1)(b), (2)(b), (14)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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| Battery | Mississippi folds battery into assault: causing bodily injury to another is simple assault, and causing serious bodily injury or injury with a deadly weapon is aggravated assault, under § 97-3-7; against a family or household member it is domestic violence under § 97-3-7(3)-(4). A separate felony covers abuse or battery of a child: for example, throwing, kicking, biting or cutting a child that causes bodily harm is punished by 2 to 10 years, and the most serious forms (such as burning, strangling, poisoning or using a deadly weapon on a child) by not less than five years and up to life (§ 97-5-39(2)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Domestic violence | Assault against a current or former spouse, a person living or formerly living with the defendant as a spouse, a parent, grandparent, child or grandchild, a current or former dating partner, or a person who shares a child with the defendant is a separate offense. Simple domestic violence carries the same penalty as simple assault (up to $500 and/or six months in county jail) (§ 97-3-7(3)(a)); a third offense, with two prior qualifying convictions within seven years, is a felony punished by five to ten years (§ 97-3-7(3)(b)). Aggravated domestic violence, which includes strangling or attempting to strangle, is punished by two to 20 years in Department of Corrections custody (§ 97-3-7(4)(a)), and a fourth or later domestic violence offense by 15 to 20 years (§ 97-3-7(5)). Committing it in the presence of a child under 16 living in the home is an aggravating factor (§ 97-3-7(6)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-3-7(3)-(6) |
| Harassment and stalking | Stalking is purposely engaging in a course of conduct aimed at a specific person, or making a credible threat, that would cause a reasonable person to fear for his or her safety (contacts by phone, mail or electronic communication count); it is punished by up to one year in county jail and/or up to $1,000 (§ 97-3-107(1)). It becomes aggravated stalking, a felony with up to five years and up to $3,000, when, for example, a deadly weapon is used or displayed or the person has a stalking conviction within the past seven years (§ 97-3-107(2)). Cyberstalking (threats, demands or repeated harassing electronic communications) is a felony with up to two years and/or $5,000, or up to five years and/or $10,000 if it violates a restraining order or release conditions, involves a credible threat, or is a repeat offense (§ 97-45-15). Harassing telephone or electronic communications are a misdemeanor (up to $500 and/or six months), and a third offense within five years is a felony (up to two years) (§ 97-29-45). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Shoplifting merchandise worth $1,000 or less is a misdemeanor: a first conviction is punished by a fine of not more than $1,000, up to six months in county jail, or both; a second by a fine of not more than $2,500 and/or 48 hours to six months in county jail (§ 97-23-93(5)). A third or later shoplifting conviction where the merchandise is worth at least $500 (up to $1,000) is a felony, with a fine up to $3,000 and/or up to three years (§ 97-23-93(6)). Shoplifting over $1,000 is a felony punished as grand larceny (§ 97-23-93(7)). Other low-value theft (under $1,000) is petit larceny, punished by up to six months in county jail and/or a fine up to $1,000 (§ 97-17-43(1)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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| Burglary and robbery | Burglary of a dwelling (breaking and entering a home with intent to commit a crime inside) is punished by three to 25 years in Department of Corrections custody, and ten to 25 years when done in circumstances likely to terrorize someone actually in the house (§ 97-17-23). Breaking into a store, other building, vehicle, boat or similar place where valuables are kept, with intent to steal or commit a felony, is burglary punished by up to seven years (§ 97-17-33). Robbery, taking property from a person or in their presence by violence or by putting them in fear of immediate injury (§ 97-3-73), is punished by up to fifteen years (§ 97-3-75). Robbery by exhibiting a deadly weapon (armed robbery) is punished by life if the jury so fixes, otherwise by any term of not less than three years set by the court (§ 97-3-79). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Vandalism (property damage) | Vandalism is called malicious mischief in Mississippi: maliciously or mischievously destroying, disfiguring or injuring another's property (§ 97-17-67(1)). Damage of $1,000 or less is a misdemeanor, up to a $1,000 fine and/or up to twelve months in county jail (jail only if the court finds compelling reasons; otherwise probation), and a third or later offense with damage of at least $500 carries up to three years. Damage over $1,000 but under $5,000 is a felony, up to $10,000 and/or five years; $5,000 to under $25,000, up to ten years; $25,000 or more, up to twenty years (§ 97-17-67(2)-(5)). Restitution to the victim is required. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-17-67 |
| Trespassing | Going into or remaining on another's building, premises or land without legal authority after being forbidden to do so, orally, in writing or by posted signs, is a misdemeanor punished by a fine of not more than $500, up to six months in jail, or both (§ 97-17-97). Separately, knowingly entering another's land without the permission of the owner, lessee or agent is a misdemeanor with a $250 fine for a first offense and higher penalties for a second offense within five years (§ 97-17-93). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Drugs and driving crimes
| Drug possession | Possessing a Schedule I or II controlled substance (other than marijuana) is graded by amount: less than 0.1 gram (or less than 2 dosage units) is a misdemeanor punished by up to one year and/or up to $1,000; 0.1 gram to less than 2 grams, up to three years and/or $50,000; 2 grams to less than 10 grams, up to eight years and/or $250,000; 10 grams to less than 30 grams, three to 20 years and/or $500,000 (§ 41-29-139(c)(1)). Possessing drug paraphernalia with intent to use it is a misdemeanor, up to six months in county jail and/or up to $500 (§ 41-29-139(d)(1)). A person with no prior drug conviction who is found guilty of possession may, with the person's consent and at the court's discretion, be placed on probation without a judgment of guilt and have the case dismissed after completing it; this can be used only once (§ 41-29-150(d)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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| Hit and run | A driver in a crash causing injury or death must stop at the scene and stay until giving information and aid as § 63-3-405 requires. Willfully failing to do so when someone is injured is punished by 30 days to one year in jail and/or a fine of $100 to $5,000; when the crash causes death or listed serious harm (such as permanent disability or loss of a body part) it is a felony punished by five to 20 years and/or a fine of $1,000 to $10,000, and the driver's license is revoked (§ 63-3-401). Leaving the scene of a crash that damaged only a vehicle is a misdemeanor (§ 63-3-403); where no other penalty is set, traffic-chapter misdemeanors are punished by up to $100 or ten days for a first conviction (§ 63-9-11). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Reckless driving | Driving 'in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property' is reckless driving, a misdemeanor. A first conviction is punished by a fine of not less than $5 nor more than $100; a second or later conviction by up to ten days in jail, a fine of up to $500, or both (§ 63-3-1201). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Arrests, court dates and probation
| Resisting arrest | Obstructing or resisting a lawful arrest by force, violence, threats or in any other manner is a misdemeanor, punished by a fine of not more than $500 and/or up to six months in county jail (§ 97-9-73). Willfully failing to stop a vehicle when signaled by law enforcement is a misdemeanor (up to $1,000 and/or six months); doing so with reckless or willful disregard for safety, or extreme indifference to human life, is a felony with up to $5,000 and/or ten years; if it causes serious bodily injury the term is five to 20 years, and if it causes a death, seven to 40 years (§ 97-9-72). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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| Probation violation | If a probationer breaks a condition of probation or a lawful instruction of the supervising officer, the supervising officer or the prosecutor may ask the sentencing court to revoke or modify probation, and the court may issue an arrest warrant or a summons (Rule 27.1). After an arrest an informal preliminary hearing is held as the statute prescribes (Rule 27.2), and the revocation hearing is held before the sentencing court; the probationer may attend, may have a lawyer, and an indigent probationer gets appointed counsel when he or she makes a colorable claim of innocence or of substantial reasons that would make revocation inappropriate (Rule 27.3(a), (c), (d)). 'The judge must find by a preponderance of the evidence that a violation of the conditions of probation or the instructions occurred,' and hearsay may be received (Rule 27.3(f)(1)). If a violation is found, the judge 'may revoke, modify, or continue probation' (Rule 27.3(g)); jail may not automatically follow nonpayment of fines, restitution or costs unless the court finds on the record the probationer could have paid but refused (Rule 27.3(f)(3)). The rule comment notes Miss. |
| Obstruction of justice | Trying by threats, force or abuse to intimidate or influence a judge, juror, witness, attorney or other court participant is punished by one month in county jail up to two years in the state penitentiary, and/or a fine up to $500 (§ 97-9-55). Intimidating a witness (threats, harassment or intimidation to change testimony or keep a witness away) is a Class 1 felony (§ 97-9-113); tampering with a witness (trying to get a witness to lie, withhold testimony or skip a proceeding) is a Class 2 felony (§ 97-9-115); retaliating against a public servant, witness or informant is a Class 2 felony (§ 97-9-127). For these offenses a Class 1 felony is punished by up to fifteen years and/or up to $5,000, and a Class 2 felony by up to ten years and/or up to $3,000 (§ 97-9-129). Resisting arrest is covered under § 97-9-73. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Perjury (lying under oath) | Perjury is willfully and corruptly swearing, testifying or affirming falsely to a material matter under a legally administered oath or affirmation in a court case or other proceeding where an oath is required (§ 97-9-59); a person convicted may not later be a sworn witness unless the judgment is reversed. 'Persons convicted of perjury shall be punished by imprisonment in the penitentiary': perjury on the trial of an indictment for a capital offense or any other felony, 'for a term not less than ten years'; perjury on any other judicial trial or inquiry, or in any other case, 'for a term not exceeding ten years' (§ 97-9-61). It is a felony (§ 1-3-11). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Public conduct crimes
| Public intoxication | Being drunk in any public place in the presence of two or more persons is a crime in Mississippi (the same section covers profane or vulgar language in public), punished by a fine of not more than $100, up to 30 days in county jail, or both (§ 97-29-47). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-29-47 |
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| Disorderly conduct | Disturbing the public peace or another person's peace by violent, loud, offensive or intimidating conduct or language, or by conduct likely to provoke a breach of the peace, is a misdemeanor punished by a fine of not more than $500, up to six months in county jail, or both (§ 97-35-15); breastfeeding is not a breach of the peace. Called disorderly conduct, knowingly failing to promptly obey a lawful order of a law enforcement officer (such as to leave an area or stop blocking traffic) with intent to cause, or in a way that may lead to, a breach of the peace carries the same penalty, and becomes a felony if done with reckless disregard for safety and someone is injured, maimed or killed (§ 97-35-7). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Indecent exposure | Willfully and lewdly exposing one's person or private parts in a public place, or a place where others are present, is punished for a first offense by a fine of not more than $500 and/or up to six months; a second offense within five years is a misdemeanor with up to $1,000 and/or one year; a third or later offense within five years is a felony with up to $5,000 and/or up to five years in the State Penitentiary (§ 97-29-31). 'It is not a violation of this statute for a woman to breast-feed.' Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-29-31 |
| Prostitution and solicitation | Prostitution, by a person 18 or older who knowingly performs or offers or agrees to perform sexual intercourse or sexual conduct for money or property, is a misdemeanor punished by a fine of not more than $200, up to six months in county jail, or both (§ 97-29-49); a minor suspected of prostitution may be taken into emergency custody, and a human trafficking victim is immune from prosecution for prostitution. Paying or offering to pay for sex (procuring the services of a prostitute) is a misdemeanor with the same penalty for a first offense, and a second or later violation is a felony with up to $1,000 and/or two years (§ 97-29-51(1)). Promoting prostitution (pimping) is a felony with up to ten years, and five to 30 years if the person prostituted is under 18 (§ 97-29-51(2)). No legal exception is stated. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Gambling | According to the Mississippi Gaming Commission, gambling is generally a crime under Miss. Code Ann. § 97-33-1 et seq., with exemptions: most gambling games, including wagering on sporting events, on the floor of a casino licensed by the Commission; gaming and sports wagering at casinos operated by the Mississippi Band of Choctaw Indians; bingo at Commission-licensed bingo halls whose proceeds go to a licensed charity; lottery games conducted through the Mississippi Lottery Corporation; raffles held by listed nonprofit organizations; fantasy sports run by a licensed operator; and children's amusement games. The Commission states that sports wagering outside a casino is illegal ('online and mobile sports wagering apps are illegal') and that online casino games are illegal. The criminal grade and penalty for illegal gambling could not be read from the code. |
Fraud, embezzlement and blackmail
| Embezzlement | Embezzlement, converting money or property entrusted to a person by virtue of an office, position, place or employment, is graded by value like theft: under $1,000 is punished by up to six months in county jail and/or up to $1,000 (with a third offense of at least $500 punishable by up to three years in the Penitentiary); $1,000 to under $5,000, up to five years and/or $5,000; $5,000 to under $25,000, up to ten years and/or $25,000; $25,000 or more, up to twenty years and/or $25,000 (§ 97-23-19). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-23-19 |
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| Fraud and identity theft | Obtaining or trying to obtain another person's identifying information, without authorization, to use it unlawfully (for credit, goods, employment, medical records or any illegal act) is a felony punished by two to fifteen years and/or up to $10,000; if the amount involved is less than $250, the court may treat it as a misdemeanor with up to six months and/or $1,000 (§ 97-45-19(2)). Credit card fraud: a first offense obtaining less than $100 is punished by up to $1,000 and/or one year in county jail; a second offense under $100, or any offense of $100 or more, is a felony with a fine of $100 to $1,000 and/or up to three years (§ 97-19-21(3)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Forgery | Forgery is graded by value: under $1,000, up to six months in county jail and/or $1,000 (a third offense of at least $500 is punishable by up to three years in the Penitentiary); $1,000 to under $5,000, up to five years and/or $10,000; $5,000 to under $25,000, up to ten years; $25,000 or more, up to twenty years (§ 97-21-33). Writing a bad check under $100 is a misdemeanor (first offense $25-$500 and/or 5 days to six months; second offense $50-$1,000 and/or 30 days to one year); a bad check of $100 or more is a felony with $100-$1,000 and/or up to three years, and any third offense is a felony with one to five years (§ 97-19-67). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Blackmail (extortion) | Blackmail is called extortion in Mississippi: purposely obtaining or trying to obtain another's property, or any reward, favor or advantage, by threatening bodily injury, threatening to accuse someone of a crime or civil violation, or threatening to reveal non-public information to humiliate or embarrass (§ 97-3-82). If the property is worth less than $500 it is a misdemeanor with up to six months in county jail; $500 or more, or an intangible benefit, is a felony with up to fifteen years; extortion by a public official under color of office is a felony with two to twenty years (§ 97-3-82(3)). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-3-82 |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | Mississippi has first-degree murder (a deliberate intent to kill, deliberately killing an unborn child, or an unintended killing during certain listed felonies), second-degree murder (an act eminently dangerous to others showing a 'depraved heart,' without premeditated intent to kill a particular person), and capital murder (for example killing an on-duty peace officer or firefighter, murder for hire, murder by bomb, killing during rape, burglary, kidnapping, arson, robbery or sexual battery, killing an elected official, or murdering three or more people). First-degree murder carries life imprisonment. Second-degree murder carries life if the jury fixes it after a separate sentencing hearing, otherwise 20 to 40 years set by the court. Capital murder carries death, life without parole, or life with parole eligibility. For offenders under 18, first-degree murder is life (if the jury fixes it) or 20 to 40 years, and capital murder is life or life without parole, or 25 to 50 years. Sentencing: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-21.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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| Manslaughter (voluntary, involuntary, vehicular) | Manslaughter covers killings without malice, including any other killing by the act, procurement or 'culpable negligence' of another that is not murder and not justified. It is punishable by a fine of at least $500 and/or up to one year in county jail, or by 2 to 20 years in the Department of Corrections. 'Child homicide' (an intentional but non-malicious, non-accidental killing of a child under 18 by a person over 21) carries up to 30 years. There is no separate vehicular manslaughter offense; causing a death while driving under the influence is aggravated DUI, a felony with 5 to 25 years for each death, mutilation, disfigurement or other injury. Culpable negligence: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-47.html; aggravated DUI: https://codes.findlaw.com/ms/title-63-motor-vehicles-and-traffic-regulations/ms-code-sect-63-11-30.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Child endangerment | A parent, guardian or other person who intentionally, knowingly or recklessly contributes to the neglect or delinquency of a child, or whose act or omission results in abuse of a child, commits a misdemeanor punishable by up to $1,000 and/or up to one year in jail. Failing to provide necessary food, clothing, shelter or reasonably necessary medical care carries up to five years in the Department of Corrections and/or up to $5,000; knowingly permitting continuing physical or sexual abuse of a child carries up to ten years and/or up to $10,000. Felonious child abuse (burning, torture, choking, poisoning, starving, a deadly weapon, or serious bodily harm) carries five years to life, other listed abuse causing bodily harm carries 2 to 10 years, and a second felonious abuse conviction carries life. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Arson | First-degree arson is willfully and maliciously burning a dwelling (occupied or vacant), its outbuildings, or a state-supported school building, with 5 to 20 years in prison plus restitution; burning a church, synagogue, temple or other place of worship is also first-degree arson under its own section, with 5 to 30 years. Second-degree arson is burning any other building or structure, with 1 to 10 years. Third-degree arson is burning another person's personal property worth $25 or more, with 1 to 3 years. Place of worship: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-17-3.html; second degree: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-17-5.html; third degree: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-17-7.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Human trafficking | Recruiting, harboring, transporting or obtaining a person knowing they will be subjected to forced labor or services (labor servitude), or knowingly buying such labor, carries 2 to 20 years and/or a fine of $10,000 to $100,000 when the victim is an adult, and 20 years to life and/or $20,000 to $100,000 when the victim is a minor. Subjecting, recruiting or obtaining a minor for commercial sexual activity, sexually explicit performance or sexual material (sexual servitude of a minor) carries 20 years to life and/or a fine of $50,000 to $500,000; the minor's consent or a belief the minor was an adult is no defense. A business involved can be fined up to $1,000,000. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-3-54.1 |
| Money laundering | Knowingly conducting a financial transaction with the proceeds of specified unlawful activity to promote that activity, conceal the proceeds or avoid a reporting requirement, or moving such funds into, out of or through Mississippi, is money laundering. The penalty is up to 20 years in prison and/or a fine of up to $500,000 or twice the value involved, whichever is greater; the law sets no amount tiers. A civil penalty of up to the value involved or $10,000, whichever is greater, may also apply. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-23-101 |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Disclosing, without consent and with intent to harm, an image showing another person's intimate parts or sexual conduct that was made or obtained under a reasonable expectation of privacy, threatening such a disclosure to get a benefit, or knowingly posting it on a website one runs, is a crime. A first offense is a misdemeanor with up to six months in county jail and/or a $1,000 fine; a second or later offense, or any offense committed for financial profit, is a felony with up to one year and/or a $2,000 fine. That the person made the image or sent it voluntarily is not a defense. No civil remedy appears in this section. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
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| Cyberbullying | Posting a message electronically to cause injury to someone without their consent is a felony with up to five years and/or $10,000. Neither statute has a separate rule for minor victims. The school bullying law covers electronic communications on school property, at school functions or on a school bus, but sets no criminal penalty. Posting messages: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-45-17.html; school bullying: https://codes.findlaw.com/ms/title-37-education/ms-code-sect-37-11-67.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Sexting by minors | No separate sexting offense or diversion rule for minors was found. The child exploitation statute bars anyone from photographing or recording a child (under 18) in sexually explicit conduct, sending or receiving such images, or possessing them, and it states no exception for minors who make or share images of themselves or peers. A first violation is a felony with 5 to 40 years and a fine of $50,000 to $500,000. Penalties: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-5-35.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Underage drinking and fake IDs | A person under 21 who buys or possesses beer, light wine or light spirit products, or who buys, receives or possesses other alcoholic beverages in a public place, commits a misdemeanor with a $200 to $500 fine (plus up to 30 days of community service for beer and light wine). Falsely claiming to be 21 or showing a document indicating so (a fake ID) to buy alcohol carries the same $200 to $500 fine and up to 30 days of community service. Instead of these penalties, a judge may take and hold the minor's driver's license for up to 90 days, which is not a conviction unless probation is violated. Records of these charges may be expunged after dismissal or completion of the sentence. Liquor: https://codes.findlaw.com/ms/title-67-alcoholic-beverages/ms-code-sect-67-1-81.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Animal cruelty | Cruelty to a dog or cat through wounding, denying food, water or shelter, or cruel confinement is simple cruelty, a misdemeanor with up to $1,000 and/or six months in jail. Maliciously torturing, mutilating, maiming, burning, starving to death, drowning or otherwise cruelly killing a dog or cat is aggravated cruelty, a felony: up to $5,000 and/or three years for a first offense, and up to $10,000 and 1 to 10 years for a second within five years. After aggravated cruelty the court must ban owning, possessing or living with a dog or cat for 5 to 15 years; after simple cruelty it may ban it for up to 5 years (up to 15 with four or more counts). Cruelty to other living creatures (overworking, torturing, unjustified injury, withholding food or water) is a misdemeanor under § 97-41-1. Other animals: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-41-1.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while one's license is cancelled, suspended or revoked is a misdemeanor punishable by 48 hours to six months in jail and a fine of $200 to $500. The Commissioner of Public Safety must also suspend the license for an additional six months, starting when the original suspension ends. The statute sets no separate repeat-offense tier. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 63-11-40 |
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| Driving without a license | A person must obtain an operator's license before driving a motor vehicle on Mississippi highways unless exempt. Driving without the required license is a misdemeanor punishable by two days to six months in jail, a fine of $200 to $500, or both. The penalty for failing to carry or display a license was not separately verified. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 63-1-5(1), (4) |
| Jaywalking | A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to all vehicles, and between adjacent intersections with working traffic signals may cross only in a marked crosswalk; drivers must yield to pedestrians in crosswalks where signals are not operating. Violations of these traffic rules are misdemeanors unless another penalty applies: up to $100 or up to 10 days in jail for a first conviction, up to $200 and/or 20 days for a second within a year, and up to $500 and/or six months for a third. Penalty: https://codes.findlaw.com/ms/title-63-motor-vehicles-and-traffic-regulations/ms-code-sect-63-9-11.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Knife laws | Carrying a bowie knife, dirk knife, butcher knife, switchblade knife or other deadly weapon concealed is a crime, except as allowed by § 45-9-101 and except for adults in their home, business or vehicle, or while going to or from hunting, fishing or similar lawful activities; a knife in a sheath that is wholly or partly visible is not concealed. A first offense carries a $100 to $500 fine and/or up to six months in jail, a second $100 to $500 and 30 days to six months, and a third or later 1 to 5 years in prison. Possessing a bowie knife, dirk, dagger, switchblade or other sharp-edged instrument on school property (with exceptions for instructional and food-preparation tools) is a misdemeanor with up to $1,000 and/or six months. School property: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-37-17.html. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping (forcibly seizing and confining someone without lawful authority, or luring or kidnapping someone intending to have them confined against their will) is a felony. Seizing, luring or kidnapping a child under 16 or a 'vulnerable person' against the will of the parent, guardian or custodian is also covered. If the jury fixes the penalty, the sentence is life imprisonment; if the jury does not agree on life, the court sets a term of not less than 1 year nor more than 30 years. Mississippi does not grade felonies into classes; each statute sets its own penalty (Miss. Code Ann. § 1-3-11). Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. |
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| Criminal threats (terroristic threats) | Threatening a crime of violence or bodily injury in a way that causes a reasonable fear of an imminent offense, with intent to intimidate or coerce the public or to influence a government unit, school or business, is called a terroristic threat. It is a felony punishable by up to 10 years in the custody of the Department of Corrections, even if the person could not or did not mean to carry out the threat. Sending or leaving a threatening letter or notice to terrorize or intimidate someone is punished by up to 6 months in the county jail, a fine up to $500, or both. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Threatening letters: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-85.html. |
| Sexual assault and rape | Mississippi's main sexual assault crime is sexual battery: sexual penetration of another person without consent, or of a person who is mentally defective, mentally incapacitated or physically helpless. It carries up to 30 years in prison for a first offense and up to 40 years for a second or later offense. Rape by force or after administering a drug or substance is punishable by life imprisonment if the jury so fixes the sentence, or otherwise by a prison term set by the court, whether or not the offender is married to the victim. Sexual battery and statutory rape of minors based on age are covered on the age-of-consent page. After a conviction the court may issue a criminal sexual assault protection order, and knowingly violating it is a misdemeanor (up to $500, up to six months in county jail, or both). Read on codes.findlaw.com (a public copy of the official code); check against the official code. Offense definitions: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-95.html; rape: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-65.html |
| Child molestation (child sexual abuse) | Touching a child for lustful purposes (fondling) is a felony when a person over 18 touches a child under 16 for sexual gratification, or when a person over 18 in a position of trust or authority (such as a teacher, coach, parent, stepparent, guardian or clergy member) does so with a minor under 18; the child's consent is no defense. The penalty is 2 to 15 years in prison, a fine of $1,000 to $5,000, or both, and a second conviction carries up to 20 years. Sexual battery (penetration) of a child under 14 by someone at least 24 months older is punishable, for an offender 18 or older, by life imprisonment or a term of not less than 20 years; sexual battery of a child under 18 by a person in a position of trust or authority carries up to 30 years (40 for a repeat offense). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Child pornography (child sexual abuse material) | Mississippi's child exploitation law makes it a felony to cause or allow a child to engage in sexually explicit conduct for a visual depiction, to photograph or record such conduct, to send, receive, distribute or sell such material, or to knowingly possess it or access it with intent to view it. A first violation carries 5 to 40 years in prison and a fine of $50,000 to $500,000. A second or later violation carries life imprisonment or a lesser term of not less than 20 years, and a fine of $100,000 to $1,000,000. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Offense text: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-5-33.html |
| Online solicitation of a minor | Mississippi covers online luring within its child exploitation law: knowingly enticing, inducing, persuading, seducing, soliciting, advising, coercing or ordering a child to meet with the defendant or another person to engage in sexually explicit conduct, or to produce a sexual image, is a felony. It is no defense that the 'child' was actually an undercover officer, and the crime occurs in Mississippi if the communication starts or is received there. The penalty is 5 to 40 years in prison and a fine of $50,000 to $500,000 for a first offense, and life or not less than 20 years plus a fine of $100,000 to $1,000,000 for a repeat offense. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Penalty: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-5-35.html |
| Sex offender registration | Anyone who lives, works or attends school in Mississippi and has been convicted of (or found not guilty by reason of insanity of) a registrable sex offense in Mississippi or elsewhere must register; certain juveniles adjudicated delinquent for forcible sex offenses must also register. Registration lasts at least 15 years for Tier One offenses, at least 25 years for Tier Two, and for life for Tier Three offenses (such as rape, sexual battery and touching a child for lustful purposes), for offenders with two separate registrable convictions, and for offenders 21 or older whose victim was 14 or younger. Tier One and Tier Two registrants may petition the circuit court for relief after 15 or 25 years. Failing to register or comply is a felony punishable by up to $5,000, up to 5 years in prison, or both, followed by mandatory electronic monitoring, and the offender's driver's license is suspended. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Penalty: https://codes.findlaw.com/ms/title-45-public-safety-and-good-order/ms-code-sect-45-33-33.html |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a car (called taking possession of or taking away a motor vehicle) means willfully and without authority taking a motor vehicle 'of any value' belonging to someone else, meaning to keep it permanently or temporarily. It is a felony punishable by a fine up to $10,000, up to 15 years in prison, or both. A second or later offense carries a fine up to $20,000 and/or 5 to 20 years, and taking a vehicle from a business that buys, sells, rents, stores or transports vehicles carries a fine up to $20,000 and/or 10 to 30 years. The court must order restitution for damage to the vehicle. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Source: Miss. Code Ann. § 97-17-42 |
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| Receiving stolen property | Receiving stolen property means knowingly (or with reasonable grounds to believe) possessing, receiving, keeping or getting rid of stolen property, unless it is done to return it to the owner. Penalties follow value: over $1,000 but less than $5,000, up to 5 years and/or a fine up to $10,000; $5,000 to less than $25,000, up to 10 years and/or up to $10,000; over $25,000, up to 20 years and/or up to $10,000. For $1,000 or less, the penalty is up to 6 months in county jail and/or a fine up to $1,000, but the court must suspend jail and impose probation of up to 1 year unless it finds substantial and compelling reasons; a third or later such offense involving $500 or more can bring up to 3 years in the penitentiary. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Source: Miss. Code Ann. § 97-17-70 |
| Organized retail theft | In the shoplifting statute, prosecutors may add together ('aggregate') the price of merchandise shoplifted from the same or different stores in the same jurisdiction over 30 days or fewer to decide whether the total exceeds $1,000. Shoplifting over $1,000 is a felony punished as grand larceny (§ 97-17-41). A person who acts in concert with, aids or encourages others to shoplift is guilty of a felony punished as grand larceny when the total exceeds $1,000. The shoplifting statute itself contains no separate 'organized retail theft' offense. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. |
| Drug trafficking and intent to distribute | Selling or possessing with intent to sell Schedule I or II drugs (other than marijuana) is punished by amount: under 2 grams or 10 dosage units, up to 8 years and/or $50,000; 2 to under 10 grams, 3 to 20 years and/or $250,000; 10 to under 30 grams, 5 to 30 years and/or $500,000 (lower ranges apply to marijuana and Schedules III-V). Trafficking (for example, 30 grams or 40 dosage units or more of a Schedule I or II drug, 1 kilogram or more of marijuana) is a felony punished by 10 to 40 years and a fine of $5,000 to $1,000,000, with no probation or parole. Aggravated trafficking (200 grams or more of a Schedule I or II drug) carries 25 years to life, with the 25 years mandatory. The court may go as low as 25% of a mandatory term for certain non-leaders who used no violence or weapon. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. |
| Prescription drug fraud | Obtaining or trying to obtain a controlled substance or prescription-only ('legend') drug by fraud, forgery, deception, misrepresentation, theft or subterfuge is a crime, as is knowingly possessing, selling, delivering or transferring a false, fraudulent or forged prescription. Either offense is punished by 1 to 5 years of confinement, a fine up to $1,000, or both. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Source: Miss. Code Ann. § 41-29-144 |
Driving and boating
| Vehicular assault | Mississippi charges injuring someone through impaired driving under its DUI statute. A person who drives under the influence and negligently causes the death of another, or mutilates, disfigures, permanently disables or destroys a body part of another, commits a separate felony for each victim, punished by 5 to 25 years in Department of Corrections custody. The court must require an ignition interlock as a condition of probation or post-release supervision for up to 5 years. DUI while carrying a child under 16 that results in serious injury or death of the child is a felony with a fine of at least $10,000 and 5 to 25 years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. |
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| Boating under the influence (BUI) | Operating a boat or other watercraft on public waters while under the influence of alcohol or another impairing substance, or with a blood alcohol concentration of .08% or more, is illegal. A first offense carries a $250 to $1,000 fine, up to 24 hours in jail, or both, plus a boating safety course; a second offense within 5 years, $600 to $1,000 and 48 hours to 1 year in jail (or community service) and a 1-year ban on operating; a third within 5 years, $800 to $1,000, 30 days to 1 year and a 2-year ban. A fourth or later offense within 5 years is a felony: $2,000 to $5,000, 90 days to 5 years, and a 3-year ban. Negligently causing death or serious permanent injury while boating impaired is a felony punishable by up to 10 years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Source: Miss. Code Ann. § 59-23-7 |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud includes knowingly running a scheme to defraud an insurance plan or obtain claim money by false pretenses, making false statements or concealing material facts in insurance matters, paying or taking kickbacks for referrals, bribing an insurance official, and fraudulently denying a claim. A violation is a felony punishable by up to 3 years in prison and a fine up to $5,000 or twice the amount of the fraud, whichever is higher (organizations up to $150,000 per violation). The court must also order the defendant to pay double the reasonable investigation costs. The statute does not grade the offense by amount. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Prohibited acts: https://codes.findlaw.com/ms/title-7-executive-department/ms-code-sect-7-5-303.html. |
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| Welfare and unemployment fraud | Welfare fraud (called fraud in public assistance programs) covers knowingly lying or hiding facts to get or keep benefits, failing to report changes, trading or selling food stamps, EBT or Medicaid cards, and false claims by providers. On conviction the court may impose up to 3 years in the penitentiary and a $1,000 to $10,000 fine, or up to 1 year in county jail and a $100 to $1,000 fine, and must order full restitution; the person may be suspended from the program where program law allows. Unemployment benefits fraud (knowingly making a false statement or hiding a material fact to get benefits) carries a $100 to $500 fine, up to 30 days in jail, or both, for each false statement; the claimant must repay the overpayment, with a 20% penalty and interest in fraud cases. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Unemployment: https://codes.findlaw.com/ms/title-71-labor-and-industry/ms-code-sect-71-5-19.html. |
| Bribery | Bribery means offering, promising or giving money or property to a public or private officer, agent or trustee (or a candidate for such a position) to influence their vote, opinion, action or judgment. The giver faces up to 10 years in the penitentiary, a fine up to $5,000, or both, and is permanently disqualified from public office and forfeits any office held; an officer who accepts such a bribe faces the same penalties. Bribing a juror, arbitrator or referee (or a juror accepting a bribe) is punished by up to 5 years in the penitentiary or up to 1 year in county jail, or a $1,000 fine, or both. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. Accepting: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-11-13.html; jurors: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-9-5.html. |
| State tax evasion | Willfully attempting in any way to evade or defeat a state tax administered by the Department of Revenue, or helping someone else do so, is a felony. An individual faces a fine up to $100,000, up to 5 years in prison, or both; a corporation faces a fine up to $500,000. Prosecution must begin within 6 years after the tax's due date. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy is marked current as of January 1, 2025. |
| Computer hacking and cybercrime | Mississippi's computer crime laws cover computer fraud (accessing a computer or network to defraud, to get money, property or services by false pretenses, or to insert harmful programs such as viruses), offenses against computer users (denying an authorized user access, or disclosing passwords or access codes without consent), and damaging computer equipment. Each is graded by the damage or loss: under $1,000 is a misdemeanor (up to $1,000 and 6 months in county jail); $1,000 to under $5,000 carries up to 5 years and $10,000; $5,000 to under $25,000 up to 10 years and $10,000; and $25,000 or more up to 20 years and $10,000. A third or later low-value offense of at least $500 carries up to 3 years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | A person convicted of a felony under Mississippi, another state's or federal law may not possess a firearm (or certain weapons such as a switchblade, metal knuckles or a silencer). A violation is a felony punishable by 1 to 10 years in prison, a fine of up to $5,000, or both. The ban does not apply to a person who has received a pardon, federal relief from disability under 18 U.S.C. § 925(c), or a certificate of rehabilitation from a court, which the court may grant after the sentence is completed if the person shows a law-abiding life and is found unlikely to endanger public safety. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 97-37-5 |
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| Recording conversations (one-party consent) | Mississippi is a one-party consent state: its wiretap law does not apply when a private person is a party to the communication or one of the parties has given prior consent, unless the recording is made to commit a criminal, tortious or other injurious act. Knowingly possessing, installing, operating or monitoring a device in violation of the law is a misdemeanor punishable by up to one year in county jail, a fine of up to $10,000, or both. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Penalty: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-533.html |
| Filing a false police report | Knowingly making a false report of a crime (or an element of a crime) to a law enforcement officer, the Department of Child Protection Services or an officer of the court, including a false report of child abuse or neglect, is a misdemeanor punishable by up to one year in county jail, a fine of up to $5,000, or both. The court may order the person to repay the agency's reasonable costs of investigating the false report and prosecuting the case. A report is false if no credible evidence supports it and the person knew it was false. Read on codes.findlaw.com (a public copy of the official code); check against the official code. No swatting-specific provision appears in this section. Source: Miss. Code Ann. § 97-35-47 |
| Hate crimes | Yes. Mississippi's hate crime law lets the court enhance the penalty for any felony or misdemeanor committed because of the victim's actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender, or because of the victim's work as a law enforcement officer, firefighter or emergency medical technician. The state must give notice, and a jury must find the motivation beyond a reasonable doubt in a separate sentencing proceeding. The maximum prison term and fine may be up to twice those authorized for the underlying offense. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Parole violation | The Parole Board decides parole violations. The board may issue a warrant, or a field officer may arrest a parolee without one; a preliminary hearing on reasonable cause must be held within 72 hours of arrest on a warrant, and a detained parolee must get a revocation hearing within 21 days or be released back to parole. A new felony conviction for a crime committed on parole requires revocation. For technical violations, the board sends the parolee to a technical violation center for up to 90 days on a first revocation, up to 120 days on a second, up to 180 days or the rest of the sentence on a third, and up to the rest of the sentence after that; the board may also continue or modify parole. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: Miss. Code Ann. § 47-7-27 |
| Violating a restraining order | Knowingly violating a domestic abuse protection order or consent agreement (including a similar order from another state or a bond condition) is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. Instead of a criminal charge, the issuing court may hold the violator in contempt, but not both for the same violation. Violating a criminal sexual assault protection order issued at sentencing is a misdemeanor with up to $500 and six months, served consecutively. The protective-order section sets no higher penalty for repeat violations. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
| Juveniles tried as adults | Mississippi uses both automatic adult jurisdiction and judicial transfer. Circuit (adult) court has original jurisdiction over a child's act that would be punishable by life imprisonment or death for an adult, and over felonies involving a concealed-type deadly weapon, shotgun or rifle. For other offenses, the youth court may transfer a child 13 or older to adult court, on the prosecutor's or its own motion, after a hearing on probable cause and a finding by clear and convincing evidence that there are no reasonable prospects of rehabilitation in the juvenile system, weighing listed factors. Once transferred, later felonies generally go to adult court. Youth court does not cover offenses committed on or after age 18, and a child under 13 cannot be held criminally responsible. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Death penalty, three strikes and rights after a felony
| Death penalty | Mississippi has the death penalty in law. A person convicted of capital murder is sentenced to death, life imprisonment without parole, or life imprisonment with parole eligibility under § 47-7-3(1)(c)(iii). Capital murder includes killing a peace officer or firefighter on duty, murder for hire, murder by bomb, killing during listed felonies such as rape, robbery, burglary, kidnapping or arson, murder of an elected official, and murder of three or more people in one episode. The statute names lethal injection as the preferred method and also allows nitrogen hypoxia, electrocution or firing squad, chosen by the Commissioner of Corrections. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Capital murder list: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-19.html; sentences: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-21.html. FindLaw copy current as of January 1, 2025. |
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| Three strikes and habitual offender laws | Mississippi has two habitual-offender laws. A person convicted of a felony who has two prior felony convictions (state or federal), from separate incidents, each with a sentence of one year or more, must get the maximum prison term for the new felony unless the judge explains in the sentencing order why not, and is not eligible for parole or probation. If the person actually served at least one year on each of the two prior felonies and one of them was a 'crime of violence' under § 97-3-2, the sentence is life imprisonment, with no reduction, suspension, parole, probation or other early release. Read on codes.findlaw.com (a public copy of the official code); check against the official code. § 99-19-83: https://codes.findlaw.com/ms/title-99-criminal-procedure/ms-code-sect-99-19-83.html. FindLaw copy current as of January 1, 2025. |
| Voting with a felony conviction | In Mississippi, only a conviction for a listed 'disenfranchising crime' takes away the right to vote, and the loss lasts unless rights are restored; the Secretary of State's materials describe no automatic restoration after prison, parole or probation. The Secretary of State's 2025 list is: arson, bribery, extortion, larceny, perjury, robbery, theft, carjacking, larceny under lease, armed robbery, felony bad check, felony shoplifting, statutory rape, timber larceny, unlawful taking of a motor vehicle, receiving stolen property, obtaining money or goods under false pretense, bigamy, embezzlement, forgery, murder, rape and voter fraud. Section 23-15-11 bars anyone convicted of voter fraud or a disenfranchising crime from being a registered voter. The SOS list is based on § 241, Cotton v. Fordice, 157 F.3d 388 (5th Cir. 1998), and AG Opinion In re Heggie, 2009 WL 2517257. The 2026 Voter Information Guide (https://www.sos.ms.gov/sites/default/files/elections/2026%20Mississippi%20Voter%20Information%20Guide.pdf) states the same eligibility rule (not convicted of a disenfranchising crime unless pardoned or rights restored by the Governor or Legislature). |
| Restoring rights after a felony | Restoring rights in Mississippi is not automatic. Voting rights come back in one of three ways: a 'suffrage bill' passed by a two-thirds vote of both houses of the Legislature (Constitution § 253), a pardon from the Governor (Constitution § 124; the petitioner must first publish the request in a newspaper in the county of the crime for thirty days), or, for someone discharged from probation, an executive order of the Governor after a written request through the field officer (§ 47-7-41), which the Governor may grant in his discretion. Gun rights are restored separately: by a pardon, by federal relief under 18 U.S.C. § 925(c), or by a certificate of rehabilitation that the court of conviction may grant if it finds the person has been rehabilitated, has led a law-abiding life since finishing the sentence, and is not likely to be a danger to public safety. Statutes read on codes.findlaw.com (a public copy of the official code); check against the official code: https://codes.findlaw.com/ms/title-47-prisons-and-prisoners-probation-and-parole/ms-code-sect-47-7-41.html and https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-37-5.html. |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Mississippi law does not specifically regulate delta-8 or other hemp-derived THC products, and the state hemp program has not been funded or implemented. The Attorney General's official opinion of June 11, 2025 concludes that, outside a licensed medical cannabis dispensary operating under the Medical Cannabis Act, selling a hemp-derived product made for eating or drinking that is not approved by the U.S. FDA is prohibited under the Uniform Controlled Substances Law, as is possessing one with intent to sell. The opinion relies on Schedule I's listing of tetrahydrocannabinols, which covers THC in the cannabis plant and 'synthetic substances, derivatives, and their isomers' with similar effect, and its exemption only for FDA-approved hemp products for human consumption. The opinion said it could not fully answer questions controlled by federal hemp law. An AG opinion is not a statute or court ruling. Schedule I text also read on codes.findlaw.com (a public copy of the official code); check against the official code: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-113.html. |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Mississippi. Possessing a Schedule I or II drug (other than marijuana) is graded by amount: under 0.1 gram or 2 dosage units is a misdemeanor (up to $1,000 and/or up to 1 year); 0.1 gram or 2 dosage units up to under 2 grams or 10 dosage units carries up to 3 years and/or up to $50,000; 2 grams or 10 dosage units up to under 10 grams or 20 dosage units carries up to 8 years and/or up to $250,000; and 10 grams or 20 dosage units up to under 30 grams or 40 dosage units carries 3 to 20 years and/or up to $500,000. Larger amounts fall under the trafficking provisions. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Schedule I: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-113.html. FindLaw copy current as of January 1, 2025. No legal psilocybin program appeared in the sections read (not a full chapter review). |
| Kratom | Kratom is legal for adults in Mississippi but regulated. According to the Mississippi State Department of Health, House Bill 1077 took effect July 1, 2025, restricting the sale of kratom products to people under 21 and banning potent synthetic formulations such as 7-hydroxymitragynine. The legislature's bill record describes the act as barring retailers, manufacturers and wholesalers from selling kratom products to anyone under 21, barring people under 21 from buying or possessing them in public places, and letting cities and counties keep or adopt their own kratom bans or restrictions. Kratom was not listed on Mississippi's Schedule I in the code copy read (current as of January 1, 2025). Bill record: https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB1077.xml. |
| CBD | Mississippi's controlled substances law exempts cannabidiol (CBD) in an FDA-approved prescription drug and CBD obtained under the state's CBD-oil law (§ 41-29-136), and exempts hemp-derived products for human consumption only if they are approved by the U.S. FDA. In its June 11, 2025 official opinion, the Attorney General concluded that selling hemp-derived products made for eating or drinking that are not FDA-approved, outside a licensed medical cannabis dispensary, is prohibited under the Uniform Controlled Substances Law. Medical cannabis products are handled separately under the Medical Cannabis Act (§ 41-137-1 et seq.). An AG opinion is not a statute or court ruling. Schedule I read on codes.findlaw.com (a public copy of the official code); check against the official code: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-113.html. § 41-29-136 itself was not read. |
| Smoking and vaping age | Mississippi law says no one under 21 may buy any tobacco or alternative nicotine (vape) product, and sellers may not sell or give vapes, e-cigarettes or their liquids to anyone under 21 (seller fines of $250, $500, then $1,000 per violation). The older tobacco-sales section in the same chapter, as shown in the code copy read, still bars selling tobacco products to anyone under 18, with fines of $50, $75 and $150. A person under 21 found by a court to have violated another statute while possessing tobacco or nicotine faces a $100 fine and up to 15 hours of community service for a first offense, $300 and up to 25 hours for a second, and $500 and up to 40 hours after that; the violation is not recorded on the minor's criminal history. Students may not possess tobacco or nicotine on school property. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Vape sales: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-32-51.html; tobacco sales: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-32-5.html. FindLaw copy current as of January 1, 2025. |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Mississippi protects 'vulnerable persons' of any age whose ability to care for or protect themselves is impaired by a mental, emotional, physical or developmental disability, brain damage or the infirmities of aging, and all residents or patients of care facilities. Willful abuse or neglect causing pain, injury or mental anguish is a misdemeanor (up to $1,000 and/or 1 year in county jail). Financial exploitation under $250 is a misdemeanor (up to $5,000 and/or 1 year); $250 or more is a felony with up to 10 years. Willfully inflicting physical pain or injury (felonious abuse or battery) carries up to 20 years, and inflicting severe mental anguish, or a third misdemeanor under the section within five years, carries 1 to 5 years plus a $2,000 to $5,000 fine. Separately, assaulting a person 65 or older raises simple assault to up to 5 years and aggravated assault to up to 30 years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Definitions: https://codes.findlaw.com/ms/title-43-public-welfare/ms-code-sect-43-47-5.html; assault: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7.html. |
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| Voyeurism (peeping tom) | Peeping into a home or building through a window or opening to spy on people for a lewd purpose is 'felonious trespass' in Mississippi, and viewing the inside of a private space such as a bedroom, bathroom, changing room or tanning booth by any means (including a camera, drone or phone) without consent for a lewd purpose is also a felony. For an offender over 18 it carries up to 5 years; if anyone spied on is under 16 and the offender is over 21, up to 10 years. Secretly photographing or recording someone in a place of undress and privacy, or recording under or through clothing ('upskirting'), for a lewd purpose is a separate felony punishable by a $5,000 fine and/or up to 5 years, or up to 10 years if the victim is under 16. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Recording: https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-29-63.html. Registration was not stated in these sections. |
| Assaulting a police officer | Mississippi raises the penalty when an assault victim is a law enforcement officer, firefighter, emergency medical worker, health care worker, jail officer, teacher or school bus driver, judge, prosecutor, public defender, court clerk, utility worker, National Guard or military member, or another listed public worker acting within the scope of duty. Simple assault normally carries up to $500 and/or 6 months in county jail; against a listed person it carries up to $1,000 and/or up to 5 years. Aggravated assault normally carries up to 1 year in county jail or up to 20 years in prison; against a listed person it carries up to $5,000 and/or up to 30 years. Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Criminal Law FAQ
What are the felony classes and maximum sentences in Mississippi?
Mississippi does not divide felonies into classes or degrees; each offense statute sets its own maximum penitentiary term and fine. 'The term ‘felony,’ when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary' (§ 1-3-11, as quoted by the Mississippi Supreme Court).
What are the misdemeanor classes and penalties in Mississippi?
Mississippi does not group misdemeanors into classes; each offense statute sets its own fine and jail term. When a statute makes conduct a crime without setting a penalty, the default punishment is a fine of not more than one thousand dollars ($1,000.00), up to six months in the county jail, or both (§ 99-19-31). Under § 1-3-11, a 'felony' is any violation punished with death or confinement in the penitentiary, so offenses punished only by fine or county jail are misdemeanors.
How much do you have to steal for it to be a felony in Mississippi?
Theft (called larceny) becomes a felony, grand larceny, when the property is worth $1,000 or more. Grand larceny tiers: $1,000 to less than $5,000, up to 5 years and/or a fine up to $10,000; $5,000 to less than $25,000, up to 10 years and/or up to $10,000; $25,000 or more, up to 20 years and/or up to $10,000 (§ 97-17-41(1)-(3)). Property worth 'under the value of One Thousand Dollars ($1,000.00)' is petit larceny, punishable by up to six months in county jail and/or a fine up to $1,000; a third or later petit larceny where the property is worth at least $500 is punishable by up to three years in the Penitentiary (§ 97-17-43(1)). Values taken from a single victim are added together (aggregated).
Is Mississippi a stand your ground state?
Mississippi is a stand-your-ground state by statute. A person who is not the initial aggressor, is not engaged in unlawful activity, and is in a place where the person has a right to be 'shall have no duty to retreat before using deadly force' in the justified situations of § 97-3-15(1)(e) or (f), and a jury or judge may not consider the person's failure to retreat as evidence that the force was unnecessary, excessive or unreasonable (§ 97-3-15(4)).
Does Mississippi have a castle doctrine?
A person who uses defensive force 'shall be presumed to have reasonably feared imminent death or great bodily harm' when the person against whom force was used was unlawfully and forcibly entering, or had entered, a dwelling, an occupied vehicle, a place of business or place of employment, or its immediate premises, and the defender knew or had reason to believe this (§ 97-3-15(3)). The presumption does not apply if the person against whom force was used has a right to be there or is a lawful resident or owner, if the defender is engaged in unlawful activity, or against a law enforcement officer performing official duties. The presumption also applies in civil cases; a court must award fees, costs and lost income to a defendant it finds acted in justified self-defense, and a person found not guilty on that basis is immune from civil suits for damages from the same conduct (§ 97-3-15(5)).
What is the statute of limitations for crimes in Mississippi?
'The passage of time shall never bar prosecution' for murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child, touching a child for lustful purposes, sexual battery of a child, exploitation of children, felonious abuse of vulnerable persons, listed human trafficking offenses, and certain other listed offenses (§ 99-1-5(1)(a)). Special limits: five years for felonious assistance-program fraud and for bribery, six years for larceny of timber; conspiracy has the same limit as the underlying offense. For any other offense not listed, prosecution must begin 'within two (2) years after the commission thereof' (§ 99-1-5(2)).
How does bail work in Mississippi?
Under the Mississippi Rules of Criminal Procedure, a defendant charged with an offense bailable as a matter of right 'shall be released' on personal recognizance or an appearance bond unless the court finds release will not reasonably assure appearance or the defendant poses a real and present danger to others or the public; if so, the court shall impose the least onerous conditions that will reasonably assure appearance or minimize the risk (Rule 8.2(a)). The court considers listed factors, including age, family ties, criminal record, violence in the alleged offense, the nature of the offense and likely sentence, weapon used, threats against victims or witnesses, residence, employment and financial condition (Rule 8.2(a)(1)-(15)). Rule 8.2(c) sets bond guidelines courts may go above or below, e.g., capital felony $25,000 to no bail allowed; non-capital felonies punishable by up to 10 years $5,000 to $50,000; misdemeanors punishable by up to 6 months $250 to $1,000. A person arrested must be taken before a judge for an initial appearance without unnecessary delay and no later than forty-eight (48) hours after arrest (Rule 5.1).
How do you get a public defender in Mississippi?
An 'indigent' defendant is 'a person who is financially unable to employ counsel' (Rule 7.3(a)). A defendant who wants to proceed as indigent may complete an affidavit on the defendant's financial resources on a court-approved form, or be examined under oath by the judge (Rule 7.3(b)). In counties or municipalities that have a public defender, the public defender represents defendants entitled to appointed counsel; otherwise a private attorney is appointed (Rule 7.3(e)-(f)). Each circuit establishes local procedures for appointing counsel (Rule 7.2).
What is the age of consent in Mississippi?
Mississippi's statutory rape law (§ 97-3-65) effectively sets the age of consent at 16. It is statutory rape for a person 17 or older to have sexual intercourse with a child who is at least 14 but under 16, is 36 or more months younger, and is not the person's spouse (§ 97-3-65(1)(a)); and for a person of any age to have intercourse with a child under 14 who is 24 or more months younger (§ 97-3-65(1)(b)). 'Neither the victim's consent nor the victim's lack of chastity is a defense' (§ 97-3-65(2)). Penalties range by the offender's age, up to life imprisonment (not less than 20 years) for an offender 18 or older under (1)(b) (§ 97-3-65(3)).
Is marijuana legal in Mississippi?
Adult-use (recreational) marijuana is not legal. Possessing 30 grams or less is punished for a first offense by a fine of not less than $100 nor more than $250; a second conviction within two years is a misdemeanor with a $250 fine and up to 60 days in county jail, and a third or later within two years is a misdemeanor with a $250 to $1,000 fine and up to six months in county jail (§ 41-29-139(c)(2)(A)(1)). A driver who has more than 1 gram but not more than 30 grams in a motor vehicle is guilty of a misdemeanor, up to a $1,000 fine and/or 90 days in county jail (§ 41-29-139(c)(2)(A)(2)). More than 30 but less than 250 grams can bring up to one year in county jail or up to three years in Department of Corrections custody; larger amounts carry longer terms. Medical cannabis is allowed for registered patients with a practitioner's written certification of a debilitating medical condition and a Department of Health registry identification card (§ 41-137-5).
Is assault a felony in Mississippi?
Simple assault covers attempting to cause or causing bodily injury, negligently causing injury with a deadly weapon, or using physical menace to put someone in fear of imminent serious bodily harm; it is punished by a fine of not more than $500, up to six months in county jail, or both (§ 97-3-7(1)(a)). Aggravated assault covers attempting to cause or causing serious bodily injury, or causing or attempting bodily injury with a deadly weapon or other means likely to produce death or serious bodily harm; it is punished by up to one year in county jail or up to 20 years in Department of Corrections custody (§ 97-3-7(2)(a)), which makes it a felony under § 1-3-11. Assaulting a listed person, such as a police officer, firefighter, health care worker, teacher, judge, or someone 65 or older, raises simple assault to up to $1,000 and/or five years, and aggravated assault to up to $5,000 and/or 30 years (§ 97-3-7(1)(b), (2)(b), (14)).
Is battery a felony in Mississippi?
Mississippi folds battery into assault: causing bodily injury to another is simple assault, and causing serious bodily injury or injury with a deadly weapon is aggravated assault, under § 97-3-7; against a family or household member it is domestic violence under § 97-3-7(3)-(4). A separate felony covers abuse or battery of a child: for example, throwing, kicking, biting or cutting a child that causes bodily harm is punished by 2 to 10 years, and the most serious forms (such as burning, strangling, poisoning or using a deadly weapon on a child) by not less than five years and up to life (§ 97-5-39(2)).
Is domestic violence a felony in Mississippi?
Assault against a current or former spouse, a person living or formerly living with the defendant as a spouse, a parent, grandparent, child or grandchild, a current or former dating partner, or a person who shares a child with the defendant is a separate offense. Simple domestic violence carries the same penalty as simple assault (up to $500 and/or six months in county jail) (§ 97-3-7(3)(a)); a third offense, with two prior qualifying convictions within seven years, is a felony punished by five to ten years (§ 97-3-7(3)(b)). Aggravated domestic violence, which includes strangling or attempting to strangle, is punished by two to 20 years in Department of Corrections custody (§ 97-3-7(4)(a)), and a fourth or later domestic violence offense by 15 to 20 years (§ 97-3-7(5)). Committing it in the presence of a child under 16 living in the home is an aggravating factor (§ 97-3-7(6)).
What is the penalty for shoplifting in Mississippi?
Shoplifting merchandise worth $1,000 or less is a misdemeanor: a first conviction is punished by a fine of not more than $1,000, up to six months in county jail, or both; a second by a fine of not more than $2,500 and/or 48 hours to six months in county jail (§ 97-23-93(5)). A third or later shoplifting conviction where the merchandise is worth at least $500 (up to $1,000) is a felony, with a fine up to $3,000 and/or up to three years (§ 97-23-93(6)). Shoplifting over $1,000 is a felony punished as grand larceny (§ 97-23-93(7)). Other low-value theft (under $1,000) is petit larceny, punished by up to six months in county jail and/or a fine up to $1,000 (§ 97-17-43(1)).
What is the difference between burglary and robbery in Mississippi?
Burglary of a dwelling (breaking and entering a home with intent to commit a crime inside) is punished by three to 25 years in Department of Corrections custody, and ten to 25 years when done in circumstances likely to terrorize someone actually in the house (§ 97-17-23). Breaking into a store, other building, vehicle, boat or similar place where valuables are kept, with intent to steal or commit a felony, is burglary punished by up to seven years (§ 97-17-33). Robbery, taking property from a person or in their presence by violence or by putting them in fear of immediate injury (§ 97-3-73), is punished by up to fifteen years (§ 97-3-75). Robbery by exhibiting a deadly weapon (armed robbery) is punished by life if the jury so fixes, otherwise by any term of not less than three years set by the court (§ 97-3-79).
Is vandalism a felony in Mississippi?
Vandalism is called malicious mischief in Mississippi: maliciously or mischievously destroying, disfiguring or injuring another's property (§ 97-17-67(1)). Damage of $1,000 or less is a misdemeanor, up to a $1,000 fine and/or up to twelve months in county jail (jail only if the court finds compelling reasons; otherwise probation), and a third or later offense with damage of at least $500 carries up to three years. Damage over $1,000 but under $5,000 is a felony, up to $10,000 and/or five years; $5,000 to under $25,000, up to ten years; $25,000 or more, up to twenty years (§ 97-17-67(2)-(5)). Restitution to the victim is required.
Is trespassing a crime in Mississippi?
Going into or remaining on another's building, premises or land without legal authority after being forbidden to do so, orally, in writing or by posted signs, is a misdemeanor punished by a fine of not more than $500, up to six months in jail, or both (§ 97-17-97). Separately, knowingly entering another's land without the permission of the owner, lessee or agent is a misdemeanor with a $250 fine for a first offense and higher penalties for a second offense within five years (§ 97-17-93).
What are the penalties for drug possession in Mississippi?
Possessing a Schedule I or II controlled substance (other than marijuana) is graded by amount: less than 0.1 gram (or less than 2 dosage units) is a misdemeanor punished by up to one year and/or up to $1,000; 0.1 gram to less than 2 grams, up to three years and/or $50,000; 2 grams to less than 10 grams, up to eight years and/or $250,000; 10 grams to less than 30 grams, three to 20 years and/or $500,000 (§ 41-29-139(c)(1)). Possessing drug paraphernalia with intent to use it is a misdemeanor, up to six months in county jail and/or up to $500 (§ 41-29-139(d)(1)). A person with no prior drug conviction who is found guilty of possession may, with the person's consent and at the court's discretion, be placed on probation without a judgment of guilt and have the case dismissed after completing it; this can be used only once (§ 41-29-150(d)).
Is a hit and run a felony in Mississippi?
A driver in a crash causing injury or death must stop at the scene and stay until giving information and aid as § 63-3-405 requires. Willfully failing to do so when someone is injured is punished by 30 days to one year in jail and/or a fine of $100 to $5,000; when the crash causes death or listed serious harm (such as permanent disability or loss of a body part) it is a felony punished by five to 20 years and/or a fine of $1,000 to $10,000, and the driver's license is revoked (§ 63-3-401). Leaving the scene of a crash that damaged only a vehicle is a misdemeanor (§ 63-3-403); where no other penalty is set, traffic-chapter misdemeanors are punished by up to $100 or ten days for a first conviction (§ 63-9-11).
Is reckless driving a crime in Mississippi?
Driving 'in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property' is reckless driving, a misdemeanor. A first conviction is punished by a fine of not less than $5 nor more than $100; a second or later conviction by up to ten days in jail, a fine of up to $500, or both (§ 63-3-1201).
Is harassment a crime in Mississippi?
Stalking is purposely engaging in a course of conduct aimed at a specific person, or making a credible threat, that would cause a reasonable person to fear for his or her safety (contacts by phone, mail or electronic communication count); it is punished by up to one year in county jail and/or up to $1,000 (§ 97-3-107(1)). It becomes aggravated stalking, a felony with up to five years and up to $3,000, when, for example, a deadly weapon is used or displayed or the person has a stalking conviction within the past seven years (§ 97-3-107(2)). Cyberstalking (threats, demands or repeated harassing electronic communications) is a felony with up to two years and/or $5,000, or up to five years and/or $10,000 if it violates a restraining order or release conditions, involves a credible threat, or is a repeat offense (§ 97-45-15). Harassing telephone or electronic communications are a misdemeanor (up to $500 and/or six months), and a third offense within five years is a felony (up to two years) (§ 97-29-45).
Is resisting arrest a felony in Mississippi?
Obstructing or resisting a lawful arrest by force, violence, threats or in any other manner is a misdemeanor, punished by a fine of not more than $500 and/or up to six months in county jail (§ 97-9-73). Willfully failing to stop a vehicle when signaled by law enforcement is a misdemeanor (up to $1,000 and/or six months); doing so with reckless or willful disregard for safety, or extreme indifference to human life, is a felony with up to $5,000 and/or ten years; if it causes serious bodily injury the term is five to 20 years, and if it causes a death, seven to 40 years (§ 97-9-72).
What happens if you violate probation in Mississippi?
If a probationer breaks a condition of probation or a lawful instruction of the supervising officer, the supervising officer or the prosecutor may ask the sentencing court to revoke or modify probation, and the court may issue an arrest warrant or a summons (Rule 27.1). After an arrest an informal preliminary hearing is held as the statute prescribes (Rule 27.2), and the revocation hearing is held before the sentencing court; the probationer may attend, may have a lawyer, and an indigent probationer gets appointed counsel when he or she makes a colorable claim of innocence or of substantial reasons that would make revocation inappropriate (Rule 27.3(a), (c), (d)). 'The judge must find by a preponderance of the evidence that a violation of the conditions of probation or the instructions occurred,' and hearsay may be received (Rule 27.3(f)(1)). If a violation is found, the judge 'may revoke, modify, or continue probation' (Rule 27.3(g)); jail may not automatically follow nonpayment of fines, restitution or costs unless the court finds on the record the probationer could have paid but refused (Rule 27.3(f)(3)).
Is obstruction of justice a felony in Mississippi?
Trying by threats, force or abuse to intimidate or influence a judge, juror, witness, attorney or other court participant is punished by one month in county jail up to two years in the state penitentiary, and/or a fine up to $500 (§ 97-9-55). Intimidating a witness (threats, harassment or intimidation to change testimony or keep a witness away) is a Class 1 felony (§ 97-9-113); tampering with a witness (trying to get a witness to lie, withhold testimony or skip a proceeding) is a Class 2 felony (§ 97-9-115); retaliating against a public servant, witness or informant is a Class 2 felony (§ 97-9-127). For these offenses a Class 1 felony is punished by up to fifteen years and/or up to $5,000, and a Class 2 felony by up to ten years and/or up to $3,000 (§ 97-9-129). Resisting arrest is covered under § 97-9-73.
Is perjury a felony in Mississippi?
Perjury is willfully and corruptly swearing, testifying or affirming falsely to a material matter under a legally administered oath or affirmation in a court case or other proceeding where an oath is required (§ 97-9-59); a person convicted may not later be a sworn witness unless the judgment is reversed. 'Persons convicted of perjury shall be punished by imprisonment in the penitentiary': perjury on the trial of an indictment for a capital offense or any other felony, 'for a term not less than ten years'; perjury on any other judicial trial or inquiry, or in any other case, 'for a term not exceeding ten years' (§ 97-9-61). It is a felony (§ 1-3-11).
Is public intoxication a crime in Mississippi?
Being drunk in any public place in the presence of two or more persons is a crime in Mississippi (the same section covers profane or vulgar language in public), punished by a fine of not more than $100, up to 30 days in county jail, or both (§ 97-29-47).
What is a disorderly conduct charge in Mississippi?
Disturbing the public peace or another person's peace by violent, loud, offensive or intimidating conduct or language, or by conduct likely to provoke a breach of the peace, is a misdemeanor punished by a fine of not more than $500, up to six months in county jail, or both (§ 97-35-15); breastfeeding is not a breach of the peace. Called disorderly conduct, knowingly failing to promptly obey a lawful order of a law enforcement officer (such as to leave an area or stop blocking traffic) with intent to cause, or in a way that may lead to, a breach of the peace carries the same penalty, and becomes a felony if done with reckless disregard for safety and someone is injured, maimed or killed (§ 97-35-7).
What is the penalty for indecent exposure in Mississippi?
Willfully and lewdly exposing one's person or private parts in a public place, or a place where others are present, is punished for a first offense by a fine of not more than $500 and/or up to six months; a second offense within five years is a misdemeanor with up to $1,000 and/or one year; a third or later offense within five years is a felony with up to $5,000 and/or up to five years in the State Penitentiary (§ 97-29-31). 'It is not a violation of this statute for a woman to breast-feed.'
Is prostitution illegal in Mississippi?
Prostitution, by a person 18 or older who knowingly performs or offers or agrees to perform sexual intercourse or sexual conduct for money or property, is a misdemeanor punished by a fine of not more than $200, up to six months in county jail, or both (§ 97-29-49); a minor suspected of prostitution may be taken into emergency custody, and a human trafficking victim is immune from prosecution for prostitution. Paying or offering to pay for sex (procuring the services of a prostitute) is a misdemeanor with the same penalty for a first offense, and a second or later violation is a felony with up to $1,000 and/or two years (§ 97-29-51(1)). Promoting prostitution (pimping) is a felony with up to ten years, and five to 30 years if the person prostituted is under 18 (§ 97-29-51(2)). No legal exception is stated.
Is gambling legal in Mississippi?
According to the Mississippi Gaming Commission, gambling is generally a crime under Miss. Code Ann. § 97-33-1 et seq., with exemptions: most gambling games, including wagering on sporting events, on the floor of a casino licensed by the Commission; gaming and sports wagering at casinos operated by the Mississippi Band of Choctaw Indians; bingo at Commission-licensed bingo halls whose proceeds go to a licensed charity; lottery games conducted through the Mississippi Lottery Corporation; raffles held by listed nonprofit organizations; fantasy sports run by a licensed operator; and children's amusement games. The Commission states that sports wagering outside a casino is illegal ('online and mobile sports wagering apps are illegal') and that online casino games are illegal. The criminal grade and penalty for illegal gambling could not be read from the code.
Is embezzlement a felony in Mississippi?
Embezzlement, converting money or property entrusted to a person by virtue of an office, position, place or employment, is graded by value like theft: under $1,000 is punished by up to six months in county jail and/or up to $1,000 (with a third offense of at least $500 punishable by up to three years in the Penitentiary); $1,000 to under $5,000, up to five years and/or $5,000; $5,000 to under $25,000, up to ten years and/or $25,000; $25,000 or more, up to twenty years and/or $25,000 (§ 97-23-19).
Is identity theft a felony in Mississippi?
Obtaining or trying to obtain another person's identifying information, without authorization, to use it unlawfully (for credit, goods, employment, medical records or any illegal act) is a felony punished by two to fifteen years and/or up to $10,000; if the amount involved is less than $250, the court may treat it as a misdemeanor with up to six months and/or $1,000 (§ 97-45-19(2)). Credit card fraud: a first offense obtaining less than $100 is punished by up to $1,000 and/or one year in county jail; a second offense under $100, or any offense of $100 or more, is a felony with a fine of $100 to $1,000 and/or up to three years (§ 97-19-21(3)).
Is forgery a felony in Mississippi?
Forgery is graded by value: under $1,000, up to six months in county jail and/or $1,000 (a third offense of at least $500 is punishable by up to three years in the Penitentiary); $1,000 to under $5,000, up to five years and/or $10,000; $5,000 to under $25,000, up to ten years; $25,000 or more, up to twenty years (§ 97-21-33). Writing a bad check under $100 is a misdemeanor (first offense $25-$500 and/or 5 days to six months; second offense $50-$1,000 and/or 30 days to one year); a bad check of $100 or more is a felony with $100-$1,000 and/or up to three years, and any third offense is a felony with one to five years (§ 97-19-67).
Is blackmail illegal in Mississippi?
Blackmail is called extortion in Mississippi: purposely obtaining or trying to obtain another's property, or any reward, favor or advantage, by threatening bodily injury, threatening to accuse someone of a crime or civil violation, or threatening to reveal non-public information to humiliate or embarrass (§ 97-3-82). If the property is worth less than $500 it is a misdemeanor with up to six months in county jail; $500 or more, or an intangible benefit, is a felony with up to fifteen years; extortion by a public official under color of office is a felony with two to twenty years (§ 97-3-82(3)).
What is the difference between first and second degree murder in Mississippi?
Mississippi has first-degree murder (a deliberate intent to kill, deliberately killing an unborn child, or an unintended killing during certain listed felonies), second-degree murder (an act eminently dangerous to others showing a 'depraved heart,' without premeditated intent to kill a particular person), and capital murder (for example killing an on-duty peace officer or firefighter, murder for hire, murder by bomb, killing during rape, burglary, kidnapping, arson, robbery or sexual battery, killing an elected official, or murdering three or more people). First-degree murder carries life imprisonment. Second-degree murder carries life if the jury fixes it after a separate sentencing hearing, otherwise 20 to 40 years set by the court. Capital murder carries death, life without parole, or life with parole eligibility. For offenders under 18, first-degree murder is life (if the jury fixes it) or 20 to 40 years, and capital murder is life or life without parole, or 25 to 50 years.
What is the sentence for manslaughter in Mississippi?
Manslaughter covers killings without malice, including any other killing by the act, procurement or 'culpable negligence' of another that is not murder and not justified. It is punishable by a fine of at least $500 and/or up to one year in county jail, or by 2 to 20 years in the Department of Corrections. 'Child homicide' (an intentional but non-malicious, non-accidental killing of a child under 18 by a person over 21) carries up to 30 years. There is no separate vehicular manslaughter offense; causing a death while driving under the influence is aggravated DUI, a felony with 5 to 25 years for each death, mutilation, disfigurement or other injury.
Is child endangerment a felony in Mississippi?
A parent, guardian or other person who intentionally, knowingly or recklessly contributes to the neglect or delinquency of a child, or whose act or omission results in abuse of a child, commits a misdemeanor punishable by up to $1,000 and/or up to one year in jail. Failing to provide necessary food, clothing, shelter or reasonably necessary medical care carries up to five years in the Department of Corrections and/or up to $5,000; knowingly permitting continuing physical or sexual abuse of a child carries up to ten years and/or up to $10,000. Felonious child abuse (burning, torture, choking, poisoning, starving, a deadly weapon, or serious bodily harm) carries five years to life, other listed abuse causing bodily harm carries 2 to 10 years, and a second felonious abuse conviction carries life.
Is arson a felony in Mississippi?
First-degree arson is willfully and maliciously burning a dwelling (occupied or vacant), its outbuildings, or a state-supported school building, with 5 to 20 years in prison plus restitution; burning a church, synagogue, temple or other place of worship is also first-degree arson under its own section, with 5 to 30 years. Second-degree arson is burning any other building or structure, with 1 to 10 years. Third-degree arson is burning another person's personal property worth $25 or more, with 1 to 3 years.
Is animal cruelty a felony in Mississippi?
Cruelty to a dog or cat through wounding, denying food, water or shelter, or cruel confinement is simple cruelty, a misdemeanor with up to $1,000 and/or six months in jail. Maliciously torturing, mutilating, maiming, burning, starving to death, drowning or otherwise cruelly killing a dog or cat is aggravated cruelty, a felony: up to $5,000 and/or three years for a first offense, and up to $10,000 and 1 to 10 years for a second within five years. After aggravated cruelty the court must ban owning, possessing or living with a dog or cat for 5 to 15 years; after simple cruelty it may ban it for up to 5 years (up to 15 with four or more counts). Cruelty to other living creatures (overworking, torturing, unjustified injury, withholding food or water) is a misdemeanor under § 97-41-1.
Is revenge porn illegal in Mississippi?
Yes. Disclosing, without consent and with intent to harm, an image showing another person's intimate parts or sexual conduct that was made or obtained under a reasonable expectation of privacy, threatening such a disclosure to get a benefit, or knowingly posting it on a website one runs, is a crime. A first offense is a misdemeanor with up to six months in county jail and/or a $1,000 fine; a second or later offense, or any offense committed for financial profit, is a felony with up to one year and/or a $2,000 fine. That the person made the image or sent it voluntarily is not a defense. No civil remedy appears in this section.
Is cyberbullying a crime in Mississippi?
Posting a message electronically to cause injury to someone without their consent is a felony with up to five years and/or $10,000. Neither statute has a separate rule for minor victims. The school bullying law covers electronic communications on school property, at school functions or on a school bus, but sets no criminal penalty.
What are the sexting laws for minors in Mississippi?
No separate sexting offense or diversion rule for minors was found. The child exploitation statute bars anyone from photographing or recording a child (under 18) in sexually explicit conduct, sending or receiving such images, or possessing them, and it states no exception for minors who make or share images of themselves or peers. A first violation is a felony with 5 to 40 years and a fine of $50,000 to $500,000.
Is money laundering a felony in Mississippi?
Knowingly conducting a financial transaction with the proceeds of specified unlawful activity to promote that activity, conceal the proceeds or avoid a reporting requirement, or moving such funds into, out of or through Mississippi, is money laundering. The penalty is up to 20 years in prison and/or a fine of up to $500,000 or twice the value involved, whichever is greater; the law sets no amount tiers. A civil penalty of up to the value involved or $10,000, whichever is greater, may also apply.
What are the human trafficking laws in Mississippi?
Recruiting, harboring, transporting or obtaining a person knowing they will be subjected to forced labor or services (labor servitude), or knowingly buying such labor, carries 2 to 20 years and/or a fine of $10,000 to $100,000 when the victim is an adult, and 20 years to life and/or $20,000 to $100,000 when the victim is a minor. Subjecting, recruiting or obtaining a minor for commercial sexual activity, sexually explicit performance or sexual material (sexual servitude of a minor) carries 20 years to life and/or a fine of $50,000 to $500,000; the minor's consent or a belief the minor was an adult is no defense. A business involved can be fined up to $1,000,000.
Is jaywalking illegal in Mississippi?
A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to all vehicles, and between adjacent intersections with working traffic signals may cross only in a marked crosswalk; drivers must yield to pedestrians in crosswalks where signals are not operating. Violations of these traffic rules are misdemeanors unless another penalty applies: up to $100 or up to 10 days in jail for a first conviction, up to $200 and/or 20 days for a second within a year, and up to $500 and/or six months for a third.
What happens if you are caught drinking under 21 in Mississippi?
A person under 21 who buys or possesses beer, light wine or light spirit products, or who buys, receives or possesses other alcoholic beverages in a public place, commits a misdemeanor with a $200 to $500 fine (plus up to 30 days of community service for beer and light wine). Falsely claiming to be 21 or showing a document indicating so (a fake ID) to buy alcohol carries the same $200 to $500 fine and up to 30 days of community service. Instead of these penalties, a judge may take and hold the minor's driver's license for up to 90 days, which is not a conviction unless probation is violated. Records of these charges may be expunged after dismissal or completion of the sentence.
What happens if you drive on a suspended license in Mississippi?
Driving while one's license is cancelled, suspended or revoked is a misdemeanor punishable by 48 hours to six months in jail and a fine of $200 to $500. The Commissioner of Public Safety must also suspend the license for an additional six months, starting when the original suspension ends. The statute sets no separate repeat-offense tier.
What is the penalty for driving without a license in Mississippi?
A person must obtain an operator's license before driving a motor vehicle on Mississippi highways unless exempt. Driving without the required license is a misdemeanor punishable by two days to six months in jail, a fine of $200 to $500, or both.
What knives are legal to carry in Mississippi?
Carrying a bowie knife, dirk knife, butcher knife, switchblade knife or other deadly weapon concealed is a crime, except as allowed by § 45-9-101 and except for adults in their home, business or vehicle, or while going to or from hunting, fishing or similar lawful activities; a knife in a sheath that is wholly or partly visible is not concealed. A first offense carries a $100 to $500 fine and/or up to six months in jail, a second $100 to $500 and 30 days to six months, and a third or later 1 to 5 years in prison. Possessing a bowie knife, dirk, dagger, switchblade or other sharp-edged instrument on school property (with exceptions for instructional and food-preparation tools) is a misdemeanor with up to $1,000 and/or six months.
Is kidnapping a felony in Mississippi?
Kidnapping (forcibly seizing and confining someone without lawful authority, or luring or kidnapping someone intending to have them confined against their will) is a felony. Seizing, luring or kidnapping a child under 16 or a 'vulnerable person' against the will of the parent, guardian or custodian is also covered. If the jury fixes the penalty, the sentence is life imprisonment; if the jury does not agree on life, the court sets a term of not less than 1 year nor more than 30 years. Mississippi does not grade felonies into classes; each statute sets its own penalty (Miss. Code Ann. § 1-3-11).
Is making a threat a crime in Mississippi?
Threatening a crime of violence or bodily injury in a way that causes a reasonable fear of an imminent offense, with intent to intimidate or coerce the public or to influence a government unit, school or business, is called a terroristic threat. It is a felony punishable by up to 10 years in the custody of the Department of Corrections, even if the person could not or did not mean to carry out the threat. Sending or leaving a threatening letter or notice to terrorize or intimidate someone is punished by up to 6 months in the county jail, a fine up to $500, or both.
Is stealing a car a felony in Mississippi?
Stealing a car (called taking possession of or taking away a motor vehicle) means willfully and without authority taking a motor vehicle 'of any value' belonging to someone else, meaning to keep it permanently or temporarily. It is a felony punishable by a fine up to $10,000, up to 15 years in prison, or both. A second or later offense carries a fine up to $20,000 and/or 5 to 20 years, and taking a vehicle from a business that buys, sells, rents, stores or transports vehicles carries a fine up to $20,000 and/or 10 to 30 years. The court must order restitution for damage to the vehicle.
Is receiving stolen property a felony in Mississippi?
Receiving stolen property means knowingly (or with reasonable grounds to believe) possessing, receiving, keeping or getting rid of stolen property, unless it is done to return it to the owner. Penalties follow value: over $1,000 but less than $5,000, up to 5 years and/or a fine up to $10,000; $5,000 to less than $25,000, up to 10 years and/or up to $10,000; over $25,000, up to 20 years and/or up to $10,000. For $1,000 or less, the penalty is up to 6 months in county jail and/or a fine up to $1,000, but the court must suspend jail and impose probation of up to 1 year unless it finds substantial and compelling reasons; a third or later such offense involving $500 or more can bring up to 3 years in the penitentiary.
What is organized retail theft in Mississippi?
In the shoplifting statute, prosecutors may add together ('aggregate') the price of merchandise shoplifted from the same or different stores in the same jurisdiction over 30 days or fewer to decide whether the total exceeds $1,000. Shoplifting over $1,000 is a felony punished as grand larceny (§ 97-17-41). A person who acts in concert with, aids or encourages others to shoplift is guilty of a felony punished as grand larceny when the total exceeds $1,000. The shoplifting statute itself contains no separate 'organized retail theft' offense.
What counts as drug trafficking in Mississippi?
Selling or possessing with intent to sell Schedule I or II drugs (other than marijuana) is punished by amount: under 2 grams or 10 dosage units, up to 8 years and/or $50,000; 2 to under 10 grams, 3 to 20 years and/or $250,000; 10 to under 30 grams, 5 to 30 years and/or $500,000 (lower ranges apply to marijuana and Schedules III-V). Trafficking (for example, 30 grams or 40 dosage units or more of a Schedule I or II drug, 1 kilogram or more of marijuana) is a felony punished by 10 to 40 years and a fine of $5,000 to $1,000,000, with no probation or parole. Aggravated trafficking (200 grams or more of a Schedule I or II drug) carries 25 years to life, with the 25 years mandatory. The court may go as low as 25% of a mandatory term for certain non-leaders who used no violence or weapon.
Is prescription fraud a felony in Mississippi?
Obtaining or trying to obtain a controlled substance or prescription-only ('legend') drug by fraud, forgery, deception, misrepresentation, theft or subterfuge is a crime, as is knowingly possessing, selling, delivering or transferring a false, fraudulent or forged prescription. Either offense is punished by 1 to 5 years of confinement, a fine up to $1,000, or both.
What is vehicular assault in Mississippi?
Mississippi charges injuring someone through impaired driving under its DUI statute. A person who drives under the influence and negligently causes the death of another, or mutilates, disfigures, permanently disables or destroys a body part of another, commits a separate felony for each victim, punished by 5 to 25 years in Department of Corrections custody. The court must require an ignition interlock as a condition of probation or post-release supervision for up to 5 years. DUI while carrying a child under 16 that results in serious injury or death of the child is a felony with a fine of at least $10,000 and 5 to 25 years.
What is the penalty for boating under the influence in Mississippi?
Operating a boat or other watercraft on public waters while under the influence of alcohol or another impairing substance, or with a blood alcohol concentration of .08% or more, is illegal. A first offense carries a $250 to $1,000 fine, up to 24 hours in jail, or both, plus a boating safety course; a second offense within 5 years, $600 to $1,000 and 48 hours to 1 year in jail (or community service) and a 1-year ban on operating; a third within 5 years, $800 to $1,000, 30 days to 1 year and a 2-year ban. A fourth or later offense within 5 years is a felony: $2,000 to $5,000, 90 days to 5 years, and a 3-year ban. Negligently causing death or serious permanent injury while boating impaired is a felony punishable by up to 10 years.
Is insurance fraud a felony in Mississippi?
Insurance fraud includes knowingly running a scheme to defraud an insurance plan or obtain claim money by false pretenses, making false statements or concealing material facts in insurance matters, paying or taking kickbacks for referrals, bribing an insurance official, and fraudulently denying a claim. A violation is a felony punishable by up to 3 years in prison and a fine up to $5,000 or twice the amount of the fraud, whichever is higher (organizations up to $150,000 per violation). The court must also order the defendant to pay double the reasonable investigation costs. The statute does not grade the offense by amount.
What happens if you commit welfare or unemployment fraud in Mississippi?
Welfare fraud (called fraud in public assistance programs) covers knowingly lying or hiding facts to get or keep benefits, failing to report changes, trading or selling food stamps, EBT or Medicaid cards, and false claims by providers. On conviction the court may impose up to 3 years in the penitentiary and a $1,000 to $10,000 fine, or up to 1 year in county jail and a $100 to $1,000 fine, and must order full restitution; the person may be suspended from the program where program law allows. Unemployment benefits fraud (knowingly making a false statement or hiding a material fact to get benefits) carries a $100 to $500 fine, up to 30 days in jail, or both, for each false statement; the claimant must repay the overpayment, with a 20% penalty and interest in fraud cases.
Is bribery a felony in Mississippi?
Bribery means offering, promising or giving money or property to a public or private officer, agent or trustee (or a candidate for such a position) to influence their vote, opinion, action or judgment. The giver faces up to 10 years in the penitentiary, a fine up to $5,000, or both, and is permanently disqualified from public office and forfeits any office held; an officer who accepts such a bribe faces the same penalties. Bribing a juror, arbitrator or referee (or a juror accepting a bribe) is punished by up to 5 years in the penitentiary or up to 1 year in county jail, or a $1,000 fine, or both.
What are the penalties for tax evasion in Mississippi?
Willfully attempting in any way to evade or defeat a state tax administered by the Department of Revenue, or helping someone else do so, is a felony. An individual faces a fine up to $100,000, up to 5 years in prison, or both; a corporation faces a fine up to $500,000. Prosecution must begin within 6 years after the tax's due date.
What are the penalties for sexual assault in Mississippi?
Mississippi's main sexual assault crime is sexual battery: sexual penetration of another person without consent, or of a person who is mentally defective, mentally incapacitated or physically helpless. It carries up to 30 years in prison for a first offense and up to 40 years for a second or later offense. Rape by force or after administering a drug or substance is punishable by life imprisonment if the jury so fixes the sentence, or otherwise by a prison term set by the court, whether or not the offender is married to the victim. Sexual battery and statutory rape of minors based on age are covered on the age-of-consent page. After a conviction the court may issue a criminal sexual assault protection order, and knowingly violating it is a misdemeanor (up to $500, up to six months in county jail, or both).
What are the penalties for child molestation in Mississippi?
Touching a child for lustful purposes (fondling) is a felony when a person over 18 touches a child under 16 for sexual gratification, or when a person over 18 in a position of trust or authority (such as a teacher, coach, parent, stepparent, guardian or clergy member) does so with a minor under 18; the child's consent is no defense. The penalty is 2 to 15 years in prison, a fine of $1,000 to $5,000, or both, and a second conviction carries up to 20 years. Sexual battery (penetration) of a child under 14 by someone at least 24 months older is punishable, for an offender 18 or older, by life imprisonment or a term of not less than 20 years; sexual battery of a child under 18 by a person in a position of trust or authority carries up to 30 years (40 for a repeat offense).
What are the child pornography laws in Mississippi?
Mississippi's child exploitation law makes it a felony to cause or allow a child to engage in sexually explicit conduct for a visual depiction, to photograph or record such conduct, to send, receive, distribute or sell such material, or to knowingly possess it or access it with intent to view it. A first violation carries 5 to 40 years in prison and a fine of $50,000 to $500,000. A second or later violation carries life imprisonment or a lesser term of not less than 20 years, and a fine of $100,000 to $1,000,000.
Is online solicitation of a minor a felony in Mississippi?
Mississippi covers online luring within its child exploitation law: knowingly enticing, inducing, persuading, seducing, soliciting, advising, coercing or ordering a child to meet with the defendant or another person to engage in sexually explicit conduct, or to produce a sexual image, is a felony. It is no defense that the 'child' was actually an undercover officer, and the crime occurs in Mississippi if the communication starts or is received there. The penalty is 5 to 40 years in prison and a fine of $50,000 to $500,000 for a first offense, and life or not less than 20 years plus a fine of $100,000 to $1,000,000 for a repeat offense.
What happens if you fail to register as a sex offender in Mississippi?
Anyone who lives, works or attends school in Mississippi and has been convicted of (or found not guilty by reason of insanity of) a registrable sex offense in Mississippi or elsewhere must register; certain juveniles adjudicated delinquent for forcible sex offenses must also register. Registration lasts at least 15 years for Tier One offenses, at least 25 years for Tier Two, and for life for Tier Three offenses (such as rape, sexual battery and touching a child for lustful purposes), for offenders with two separate registrable convictions, and for offenders 21 or older whose victim was 14 or younger. Tier One and Tier Two registrants may petition the circuit court for relief after 15 or 25 years. Failing to register or comply is a felony punishable by up to $5,000, up to 5 years in prison, or both, followed by mandatory electronic monitoring, and the offender's driver's license is suspended.
Can a felon own a gun in Mississippi?
A person convicted of a felony under Mississippi, another state's or federal law may not possess a firearm (or certain weapons such as a switchblade, metal knuckles or a silencer). A violation is a felony punishable by 1 to 10 years in prison, a fine of up to $5,000, or both. The ban does not apply to a person who has received a pardon, federal relief from disability under 18 U.S.C. § 925(c), or a certificate of rehabilitation from a court, which the court may grant after the sentence is completed if the person shows a law-abiding life and is found unlikely to endanger public safety.
Is hacking a crime in Mississippi?
Mississippi's computer crime laws cover computer fraud (accessing a computer or network to defraud, to get money, property or services by false pretenses, or to insert harmful programs such as viruses), offenses against computer users (denying an authorized user access, or disclosing passwords or access codes without consent), and damaging computer equipment. Each is graded by the damage or loss: under $1,000 is a misdemeanor (up to $1,000 and 6 months in county jail); $1,000 to under $5,000 carries up to 5 years and $10,000; $5,000 to under $25,000 up to 10 years and $10,000; and $25,000 or more up to 20 years and $10,000. A third or later low-value offense of at least $500 carries up to 3 years.
Is Mississippi a one-party consent state?
Mississippi is a one-party consent state: its wiretap law does not apply when a private person is a party to the communication or one of the parties has given prior consent, unless the recording is made to commit a criminal, tortious or other injurious act. Knowingly possessing, installing, operating or monitoring a device in violation of the law is a misdemeanor punishable by up to one year in county jail, a fine of up to $10,000, or both.
Is filing a false police report a crime in Mississippi?
Knowingly making a false report of a crime (or an element of a crime) to a law enforcement officer, the Department of Child Protection Services or an officer of the court, including a false report of child abuse or neglect, is a misdemeanor punishable by up to one year in county jail, a fine of up to $5,000, or both. The court may order the person to repay the agency's reasonable costs of investigating the false report and prosecuting the case. A report is false if no credible evidence supports it and the person knew it was false.
Does Mississippi have a hate crime law?
Yes. Mississippi's hate crime law lets the court enhance the penalty for any felony or misdemeanor committed because of the victim's actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender, or because of the victim's work as a law enforcement officer, firefighter or emergency medical technician. The state must give notice, and a jury must find the motivation beyond a reasonable doubt in a separate sentencing proceeding. The maximum prison term and fine may be up to twice those authorized for the underlying offense.
What happens if you violate parole in Mississippi?
The Parole Board decides parole violations. The board may issue a warrant, or a field officer may arrest a parolee without one; a preliminary hearing on reasonable cause must be held within 72 hours of arrest on a warrant, and a detained parolee must get a revocation hearing within 21 days or be released back to parole. A new felony conviction for a crime committed on parole requires revocation. For technical violations, the board sends the parolee to a technical violation center for up to 90 days on a first revocation, up to 120 days on a second, up to 180 days or the rest of the sentence on a third, and up to the rest of the sentence after that; the board may also continue or modify parole.
What happens if you violate a restraining order in Mississippi?
Knowingly violating a domestic abuse protection order or consent agreement (including a similar order from another state or a bond condition) is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both. Instead of a criminal charge, the issuing court may hold the violator in contempt, but not both for the same violation. Violating a criminal sexual assault protection order issued at sentencing is a misdemeanor with up to $500 and six months, served consecutively. The protective-order section sets no higher penalty for repeat violations.
When can a juvenile be tried as an adult in Mississippi?
Mississippi uses both automatic adult jurisdiction and judicial transfer. Circuit (adult) court has original jurisdiction over a child's act that would be punishable by life imprisonment or death for an adult, and over felonies involving a concealed-type deadly weapon, shotgun or rifle. For other offenses, the youth court may transfer a child 13 or older to adult court, on the prosecutor's or its own motion, after a hearing on probable cause and a finding by clear and convincing evidence that there are no reasonable prospects of rehabilitation in the juvenile system, weighing listed factors. Once transferred, later felonies generally go to adult court. Youth court does not cover offenses committed on or after age 18, and a child under 13 cannot be held criminally responsible.
Does Mississippi have the death penalty?
Mississippi has the death penalty in law. A person convicted of capital murder is sentenced to death, life imprisonment without parole, or life imprisonment with parole eligibility under § 47-7-3(1)(c)(iii). Capital murder includes killing a peace officer or firefighter on duty, murder for hire, murder by bomb, killing during listed felonies such as rape, robbery, burglary, kidnapping or arson, murder of an elected official, and murder of three or more people in one episode. The statute names lethal injection as the preferred method and also allows nitrogen hypoxia, electrocution or firing squad, chosen by the Commissioner of Corrections.
Can felons vote in Mississippi?
In Mississippi, only a conviction for a listed 'disenfranchising crime' takes away the right to vote, and the loss lasts unless rights are restored; the Secretary of State's materials describe no automatic restoration after prison, parole or probation. The Secretary of State's 2025 list is: arson, bribery, extortion, larceny, perjury, robbery, theft, carjacking, larceny under lease, armed robbery, felony bad check, felony shoplifting, statutory rape, timber larceny, unlawful taking of a motor vehicle, receiving stolen property, obtaining money or goods under false pretense, bigamy, embezzlement, forgery, murder, rape and voter fraud. Section 23-15-11 bars anyone convicted of voter fraud or a disenfranchising crime from being a registered voter.
How do you restore your rights after a felony in Mississippi?
Restoring rights in Mississippi is not automatic. Voting rights come back in one of three ways: a 'suffrage bill' passed by a two-thirds vote of both houses of the Legislature (Constitution § 253), a pardon from the Governor (Constitution § 124; the petitioner must first publish the request in a newspaper in the county of the crime for thirty days), or, for someone discharged from probation, an executive order of the Governor after a written request through the field officer (§ 47-7-41), which the Governor may grant in his discretion. Gun rights are restored separately: by a pardon, by federal relief under 18 U.S.C. § 925(c), or by a certificate of rehabilitation that the court of conviction may grant if it finds the person has been rehabilitated, has led a law-abiding life since finishing the sentence, and is not likely to be a danger to public safety.
Does Mississippi have a three strikes law?
Mississippi has two habitual-offender laws. A person convicted of a felony who has two prior felony convictions (state or federal), from separate incidents, each with a sentence of one year or more, must get the maximum prison term for the new felony unless the judge explains in the sentencing order why not, and is not eligible for parole or probation. If the person actually served at least one year on each of the two prior felonies and one of them was a 'crime of violence' under § 97-3-2, the sentence is life imprisonment, with no reduction, suspension, parole, probation or other early release.
Is delta-8 legal in Mississippi?
Mississippi law does not specifically regulate delta-8 or other hemp-derived THC products, and the state hemp program has not been funded or implemented. The Attorney General's official opinion of June 11, 2025 concludes that, outside a licensed medical cannabis dispensary operating under the Medical Cannabis Act, selling a hemp-derived product made for eating or drinking that is not approved by the U.S. FDA is prohibited under the Uniform Controlled Substances Law, as is possessing one with intent to sell. The opinion relies on Schedule I's listing of tetrahydrocannabinols, which covers THC in the cannabis plant and 'synthetic substances, derivatives, and their isomers' with similar effect, and its exemption only for FDA-approved hemp products for human consumption. The opinion said it could not fully answer questions controlled by federal hemp law.
Are magic mushrooms legal in Mississippi?
Psilocybin and psilocyn ('magic mushrooms') are Schedule I hallucinogens in Mississippi. Possessing a Schedule I or II drug (other than marijuana) is graded by amount: under 0.1 gram or 2 dosage units is a misdemeanor (up to $1,000 and/or up to 1 year); 0.1 gram or 2 dosage units up to under 2 grams or 10 dosage units carries up to 3 years and/or up to $50,000; 2 grams or 10 dosage units up to under 10 grams or 20 dosage units carries up to 8 years and/or up to $250,000; and 10 grams or 20 dosage units up to under 30 grams or 40 dosage units carries 3 to 20 years and/or up to $500,000. Larger amounts fall under the trafficking provisions.
Is kratom legal in Mississippi?
Kratom is legal for adults in Mississippi but regulated. According to the Mississippi State Department of Health, House Bill 1077 took effect July 1, 2025, restricting the sale of kratom products to people under 21 and banning potent synthetic formulations such as 7-hydroxymitragynine. The legislature's bill record describes the act as barring retailers, manufacturers and wholesalers from selling kratom products to anyone under 21, barring people under 21 from buying or possessing them in public places, and letting cities and counties keep or adopt their own kratom bans or restrictions. Kratom was not listed on Mississippi's Schedule I in the code copy read (current as of January 1, 2025).
Is CBD legal in Mississippi?
Mississippi's controlled substances law exempts cannabidiol (CBD) in an FDA-approved prescription drug and CBD obtained under the state's CBD-oil law (§ 41-29-136), and exempts hemp-derived products for human consumption only if they are approved by the U.S. FDA. In its June 11, 2025 official opinion, the Attorney General concluded that selling hemp-derived products made for eating or drinking that are not FDA-approved, outside a licensed medical cannabis dispensary, is prohibited under the Uniform Controlled Substances Law. Medical cannabis products are handled separately under the Medical Cannabis Act (§ 41-137-1 et seq.).
What is the smoking and vaping age in Mississippi?
Mississippi law says no one under 21 may buy any tobacco or alternative nicotine (vape) product, and sellers may not sell or give vapes, e-cigarettes or their liquids to anyone under 21 (seller fines of $250, $500, then $1,000 per violation). The older tobacco-sales section in the same chapter, as shown in the code copy read, still bars selling tobacco products to anyone under 18, with fines of $50, $75 and $150. A person under 21 found by a court to have violated another statute while possessing tobacco or nicotine faces a $100 fine and up to 15 hours of community service for a first offense, $300 and up to 25 hours for a second, and $500 and up to 40 hours after that; the violation is not recorded on the minor's criminal history. Students may not possess tobacco or nicotine on school property.
Is elder abuse a felony in Mississippi?
Mississippi protects 'vulnerable persons' of any age whose ability to care for or protect themselves is impaired by a mental, emotional, physical or developmental disability, brain damage or the infirmities of aging, and all residents or patients of care facilities. Willful abuse or neglect causing pain, injury or mental anguish is a misdemeanor (up to $1,000 and/or 1 year in county jail). Financial exploitation under $250 is a misdemeanor (up to $5,000 and/or 1 year); $250 or more is a felony with up to 10 years. Willfully inflicting physical pain or injury (felonious abuse or battery) carries up to 20 years, and inflicting severe mental anguish, or a third misdemeanor under the section within five years, carries 1 to 5 years plus a $2,000 to $5,000 fine. Separately, assaulting a person 65 or older raises simple assault to up to 5 years and aggravated assault to up to 30 years.
Is voyeurism a felony in Mississippi?
Peeping into a home or building through a window or opening to spy on people for a lewd purpose is 'felonious trespass' in Mississippi, and viewing the inside of a private space such as a bedroom, bathroom, changing room or tanning booth by any means (including a camera, drone or phone) without consent for a lewd purpose is also a felony. For an offender over 18 it carries up to 5 years; if anyone spied on is under 16 and the offender is over 21, up to 10 years. Secretly photographing or recording someone in a place of undress and privacy, or recording under or through clothing ('upskirting'), for a lewd purpose is a separate felony punishable by a $5,000 fine and/or up to 5 years, or up to 10 years if the victim is under 16.
Is assaulting a police officer a felony in Mississippi?
Mississippi raises the penalty when an assault victim is a law enforcement officer, firefighter, emergency medical worker, health care worker, jail officer, teacher or school bus driver, judge, prosecutor, public defender, court clerk, utility worker, National Guard or military member, or another listed public worker acting within the scope of duty. Simple assault normally carries up to $500 and/or 6 months in county jail; against a listed person it carries up to $1,000 and/or up to 5 years. Aggravated assault normally carries up to 1 year in county jail or up to 20 years in prison; against a listed person it carries up to $5,000 and/or up to 30 years.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.