MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative Flaggs

AN ACT TO DEFINE "SLANDER"; TO PROVIDE THAT ANY PERSON CONVICTED OF SLANDER SHALL BE GUILTY OF A FELONY; TO AMEND SECTION 97-3-55, MISSISSIPPI CODE OF 1972, TO DEFINE "LIBEL"; TO PROVIDE THAT ANY PERSON CONVICTED OF LIBEL SHALL BE GUILTY OF A FELONY; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) For the purposes of this section the following word shall have the meaning ascribed herein unless the context shall otherwise require:

"Slander" means the speaking of base or defamatory words which from their usual construction and common acceptation are considered harmful or injurious to another in his reputation, community standing, office, trade, business or means of livelihood and are calculated to lead to a breach of the peace.

(2) Any person who shall be convicted of slander as defined in this section shall be fined not more than Five Thousand Dollars ($5,000.00), imprisoned in the Penitentiary for not less than one (1) year, but not more than five (5) years, or both fine and imprisonment.

(3) The penalties prescribed in this section are in addition to any civil penalties authorized by law.

SECTION 2. Section 97-3-55, Mississippi Code of 1972, is amended as follows:

97-3-55. (1) For the purposes of this section the following word shall have the meaning ascribed herein unless the context shall otherwise require:

"Libel" means printed or written words, pictures or signs which from their usual construction and common acceptation are considered harmful or injurious to another in his reputation, community standing, office, trade, business or means of livelihood.

(2) Any person who shall be convicted of writing or publishing any libel, shall be fined not more than Five Thousand Dollars ($5,000.00), imprisoned in the Penitentiary for not less than one (1) year, but not more than five (5) years, or both fine and imprisonment.

(3) The penalties prescribed in this section are in addition to any civil penalties authorized by law.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.