2012 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September, 2012 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2012 REGULAR SESSION OF THE LEGISLATURE PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 21 (As Revised 2006) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe Publisher LexisNexis QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONSconcerningthispublication, orREPRINTPERMISSION,pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCEconcerningreplacementpages, shipments,billingorother matters, pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStates andCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS,pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStatesandCanada 518-487-3000 Copyright © 2012 by THE STATE OF MISSISSIPPI All rights reserved. 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This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. 111 Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmssupp212012 PUBLISHER'S FOREWORD Statutes The 2012 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2012 Regular Session. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sourcesthat arereadto create annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecentcases annotatedmaynotyethaveprintreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court andthe Court ofAppeals anddecisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of re- pealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTablesvolume adds tables showingdispositionoflegislative acts through the 2012 Regular Session. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, and we welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices ofthe Attorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company informa- tion. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2012 LexisNexis VI SCHEDULE OF NEW SECTIONS Added in this Supplement TITLE 97. CRIMES CHAPTER 3. CrimesAgainst the Person Sec. 97-3-52. Prohibition against selling, buying, offering to sell and offering to buy child or unborn child; penalties. 97-3-54.1. Anti-Human TraffickingAct; prohibited conduct; penalty. CHAPTER 5. OffensesAffecting Children 97-5-49. Knowingly allowing party where minor obtains, possesses or consumes alcoholic beverage; definitions; applicability ofsection; penalties. 97-5-51. Mandatory reporting of sex crimes against minors; definitions; proce- dure; report contents; forensic samples; penalties. CHAPTER 9. OffensesAffectingAdministration ofJustice Article 3. Obstruction of Justice 97-9-116. Bribing ajudge. CHAPTER 15. OffensesAffecting Highways, Ferries and Waterways 97-15-32. Dumping of dead wildlife, wildlife parts or waste in or on highways, private property, lakes, navigable waters, etc.; penalties. CHAPTER 17. CrimesAgainst Property IN GENERAL 97-17-62. Larceny; theft ofrental property. 97-17-71.1. Registration by scrap metal dealers with office of Secretary of State required; penalties for violations; enforcement. 97-17-71.2. Scrap metal dealers prohibited from payingcash or makingpayment of any kind at time of transaction for air conditioner evaporator coil or condenser; scrap metal dealers permitted to purchase air conditioner evaporatorcoilorcondenseronlyfromcertaincontractorsorcompanies; paymentforscrapmetaltobemadebycheckormoneyorderandmailed tobusiness address ofcompanyforwhommetalbeingsold; penaltiesfor violations. CHAPTER 21. Forgery and Counterfeiting Article 2. Forfeiture of Property for Violations of Trademarkand Recordings Laws 97-21-101. Property used in trademark and recordings violations subject to civil forfeiture; who may institute proceedings. 97-21-103. Seizure and forfeiture proceedings; determination of property owner; determination of existence of parties with security interests affecting property; notice to holders ofsecurity interests; hearing; disposition of forfeited property and proceeds. 2012 Supplement 1 Schedule of New Sections CHAPTER 23. OffensesAffecting Trade, Business and Professions Sec. 97-23-107. Residential mortgage fraud; elements of offense; establishing venue; penalties;forfeitureofallpropertyusedinorobtainedthroughviolation ofsection; pattern ofresidential mortgage fraud. CHAPTER 35. CrimesAgainst Public Peace and Safety 97-35-51. Obstructing access to emergency assistance; penalties. CHAPTER 37. Weapons and Explosives GENERAL PROVISIONS 97-37-30. Willful discharge of a firearm toward the dwelling of another causing damage to property or domesticated animal or livestock. HONESTY IN PURCHASING FIREARMSACT 97-37-101. Short title. 97-37-103. Definition. 97-37-105. Crime of soliciting, persuading, encouraging or enticing illegal sale of firearmsorammunition; crimeofprovidingfalseinformationtolicensed dealer or private seller offirearms or ammunition. CHAPTER 45. Computer Crimes and Identity Theft 97-45-33. Online impersonation; penalties. 2012 Supplement CODE MISSISSIPPI 1972 ANNOTATED VOLUME TWENTY-ONE TITLE 97 CRIMES Chapter 1. Conspiracy, Accessories andAttempts 97-1-1 Chapter 3. CrimesAgainst the Person 97-3-1 Chapter 5. OffensesAffecting Children 97-5-1 Chapter 7. CrimesAgainst SovereigntyorAdministration ofGovernment 97-7-1 Chapter 9. OffensesAffectingAdministration ofJustice 97-9-1 Chapter 15. OffensesAffecting Highways, Ferries and Waterways 97-15-1 Chapter 17. CrimesAgainst Property 97-17-1 Chapter 19. False Pretenses and Cheats 97-19-1 Chapter 21. Forgery and Counterfeiting 97-21-1 Chapter 23. Offenses Affecting Trade, Business and Professions 97-23-1 Chapter 25. Offenses Affecting Railroads, Public Utilities and Carriers ... 97-25-1 Chapter 27. CrimesAffecting Public Health 97-27-1 Chapter 29. CrimesAgainst Public Morals and Decency 97-29-1 Chapter 31. Intoxicating Beverage Offenses 97-31-1 Chapter 32. Tobacco Offenses 97-32-1 Chapter 33. Gambling and Lotteries 97-33-1 Chapter 35. Crimes Against Public Peace and Safety 97-35-1 Chapter 37. Weapons and Explosives 97-37-1 Chapter 41. Cruelty toAnimals 97-41-1 Chapter 45. Computer Crimes and Identity Theft 97-45-1 CHAPTER 1 Conspiracy, Accessories andAttempts Sec. 97-1-1. Conspiracy. 97-1-5. Accessories after the fact; punishment. § 97-1-1. Conspiracy. (1) Iftwo (2) or more persons conspire either: (a) To commit a crime; or (b) Falselyand maliciouslytoindict anotherforacrime, orto procureto be complained ofor arrested for a crime; or (c) Falsely to institute or maintain an action or suit ofany kind; or 2012 Supplement 3 § 97-1-1 Crimes (d) To cheat and defraud another out ofproperty by any means which are in themselves criminal, or which, ifexecuted, would amount to a cheat, or to obtain money or any other property or thing by false pretense; or (e) Topreventanotherfromexercisingalawfultrade orcalling, ordoing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use ofemployment thereof; or (f) To commit any act injurious to the public health, to public morals, trade or commerce, or for the perversion or obstruction ofjustice, or ofthe due administration ofthe laws; or (g) To overthrow orviolate the laws ofthis state throughforce, violence, threats, intimidation, or otherwise; or (h) To accomplish any unlawful purpose, or a lawful purpose by any unlawful means; such persons, and each ofthem, shall be guilty ofa felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both. (2) Where one (1) or more ofthe conspirators is a law enforcement officer engaged in the performance ofofficial duty or a person acting at the direction ofa law enforcement officer in the performance ofofficial duty, any remaining conspirator may be charged under this section ifthe alleged conspirator acted voluntarily andwillfully andwas not entrappedbythe law enforcement officer or person acting at the direction ofa law enforcement officer. (3) Where the crime conspired to be committed is capital murder or murder as denned by law or is a violation of Section 41-29-139(b)(l), Section 41-29-139(c)(2)(D) or Section 41-29-313(1), being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both. (4) Where the crime conspired to be committed is a misdemeanor, then upon conviction said crime shall be punished as amisdemeanor as providedby law. SOURCES: Codes, 1892, § 1006; 1906, § 1084; Hemingway's 1917, § 810; 1930, § 830; 1942, § 2056; Laws, 1954, Ex. ch. 20; Laws, 1968, ch. 343, § 1; Laws, 1981, ch. 488, § 1; Laws, 2007, ch. 500, § 1, efffrom and after July 1, 2007. — AmendmentNotes The 2007 amendment added(2) and redesignatedthe former first paragraph as present (1) and the former second and third paragraphs as present (3)and(4);deleted"Providedthat"fromthebeginningof(3)and(4);inserted"orSection 41-29-313(1)"in (3); and—made a minor stylistic change. Cross References Statute of limitation for prosecution for conspiracy, see § 99-1-5. 2012 Supplement