MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representatives Guice, Endt

AN ACT TO AMEND SECTION 97-17-68, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR BREAKING INTO AND STEALING FROM COIN-OPERATED DEVICES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 97-17-68, Mississippi Code of 1972, is amended as follows:

97-17-68. (1) It shall be unlawful for any person: (a) to willfully open, enter, remove, break into, tamper with or damage any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services with the intent to commit a larceny therefrom; (b) to possess a key or device designed and intended by him to aid in the commission of larceny from any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services; (c) to possess a drawing, print or mold of a key or device designed and intended by him to aid in the commission of larceny from any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services; or (d) to break into or enter any parking meter, coin telephone or other coin-operated vending machine dispensing goods or services with the intent to steal therefrom.

(2) Any person who violates any provision of this section shall pay restitution and shall be punished upon the first conviction by imprisonment in the county jail * * * for a period of not less than one (1) year, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by both such fine and imprisonment. For a second conviction, such person shall pay restitution and shall be punished by imprisonment in the county jail for a period of not * * * more than one (1) year, or by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. For a third or subsequent conviction, such person shall pay restitution and shall be punished by imprisonment in the county jail for one (1) year and shall be fined Five Thousand Dollars ($5,000.00).

SECTION 2. This act shall take effect and be in force from and after its passage.