MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Cameron

AN ACT TO AUTHORIZE CANING AS PUNISHMENT FOR FIRST DEGREE ARSON IN BURNING CHURCHES AND OTHER PLACES OF WORSHIP; TO AMEND SECTIONS 97-17-1 AND 97-17-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ARSON OF PLACES OF WORSHIP SHALL BE ARSON IN THE FIRST DEGREE; TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. In addition to the penalties prescribed in Sections 97-17-1 and 97-17-3, any person convicted of first degree arson in the burning of a church, synagogue, temple, mosque or other place of worship may be sentenced to caning as determined by the court.

SECTION 2. Section 97-17-1, Mississippi Code of 1972, is amended as follows:

97-17-1. Any person who wilfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, whether the property of himself or of another, shall be guilty of arson in the first degree, and upon conviction thereof, be sentenced to the Penitentiary for not less than two (2) nor more than twenty (20) years and may be punished as provided in Section 1 of this act.

SECTION 3. Section 97-17-3, Mississippi Code of 1972, is amended as follows:

97-17-3. (1) Any person who wilfully and maliciously sets fire to, or burns, or causes to be burned, or who is a party to destruction by explosion from combustible material, who aids, counsels, or procures the burning or destruction of any state-supported school building in this state or any church, synagogue, temple, mosque or other place of worship, whether in use or vacant, shall be guilty of arson in the first degree and, upon conviction therefor, shall be sentenced to the Penitentiary for not less than two (2) nor more than twenty (20) years and may be punished as provided in Section 1 of this act.

(2) Any person observing or witnessing the destruction by fire of any state-supported school building, whether occupied or vacant, which fire was the result of his or her act of an accidental nature, and who wilfully fails to sound the general alarm or report such fire to the local fire department or other local authorities, shall be guilty of a felony and, upon conviction therefor, shall be sentenced to the Penitentiary for not less than two (2) nor more than ten (10) years.

(3) Any person, who by reason of his age comes under the jurisdiction of juvenile authorities and who is found guilty under subsection (1) of this section, shall not be eligible for probation unless and until at least six (6) months confinement has been served in a state reform school.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.