MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary; Education

By: Senator(s) Frazier

AN ACT TO AMEND SECTION 97-7-10, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE CRIME OF FALSIFYING DOCUMENTS ISSUED BY A SECONDARY SCHOOL, POSTSECONDARY EDUCATIONAL INSTITUTION, OR GOVERNMENTAL AGENCY; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 97-7-10, Mississippi Code of 1972, is amended as follows:

97-7-10. (1) Whoever, with intent to defraud the state or any department, agency, office, board, commission, county, municipality or other subdivision of state or local government, knowingly and willfully falsifies, conceals or covers up by trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more

than five (5) years, or by both such fine and imprisonment.

(2) It shall be unlawful for any person knowingly and willfully:

(a) To make falsely or alter falsely, or to procure to be made falsely or altered falsely, or to aid or assist in making falsely or altering falsely, a diploma, certificate, license or transcript signifying merit or achievement in an educational program issued by a secondary school, a post-secondary educational institution, or a governmental agency;

(b) To sell, give, buy or obtain, or to procure to be sold, given, bought or obtained, or to aid or assist in selling, giving, buying or obtaining, a diploma, certificate, license or transcript which he or she knows is false, signifying merit or achievement in an educational program issued by a secondary school, a postsecondary educational institution, or a governmental agency;

(c) To use, offer or present as genuine a falsely made or falsely altered diploma, certificate, license or transcript signifying merit or achievement in an educational program issued by a secondary school, a postsecondary educational institution, or a governmental agency which he or she knows is false; or

(d) To make a false written representation of fact that he or she has received a degree or other certification signifying merit, achievement or completion of an educational program involving study, experience or testing from a secondary school, a postsecondary educational institution, or governmental agency in an application for: (i) employment; (ii) admission to an educational program; (iii) award; or (iv) for the purpose of inducing another to issue a diploma, certificate, license or transcript signifying merit or achievement in an educational program of a secondary school, postsecondary educational institution, or a governmental agency.

As used in this section: "postsecondary education institution" means a technical college, community college, junior college or university; "governmental agency" means any agency of a state or local government or of the federal government; and "secondary school" means Grades 9 through 12.

Any person who violates a provision of this subsection (2) shall be guilty of a crime and shall be punished by a fine not to exceed Fifty Thousand Dollars ($50,000.00) and/or imprisonment for a term not to exceed two (2) years.

(3) This section shall not prohibit the prosecution under any other criminal statute of the state.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.