MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative McBride

AN ACT TO CREATE THE CRIME OF FALSE REPORTING OF A CRIME AND PRESCRIBE PENALTIES THEREFOR; TO AMEND SECTION 19-5-317, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. It shall be unlawful for any person to report a crime or any element of a crime to any law enforcement officer or any officer of any court or any other official responsible for receiving reports or crime, by any means, knowing that such report is false. Any violation of this section where the falsely reported crime would have been a misdemeanor, shall be punishable as a misdemeanor by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed One Thousand Dollars ($1,000.00), or both. Any violation of this section where the falsely reported crime would have been a felony, shall be punishable as a felony, by imprisonment in the State Penitentiary for no more than five (5) years or by fine not to exceed Five Thousand Dollars ($5,000.00), or both. In addition to any fine and imprisonment, any law enforcement agency, upon proper documentation to the court, shall be reimbursed by anyone convicted under this section, for any reasonable cost directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.

SECTION 2. Section 19-5-317, Mississippi Code of 1972, is amended as follows:

19-5-317. (1) When there is not an emergency, no person shall make a telephone call to an emergency telephone service and knowingly or intentionally:

(a) Remain silent;

(b) Make abusive or harassing statements to an emergency telephone service employee;

(c) Report the existence of an emergency; or

(d) Falsely report a crime.

(2) No person shall knowingly permit a telephone under his control to be used by another person in a manner described in subsection (1) of this section.

(3) Conviction of a first offense under this section is punishable by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment for a period of time not to exceed one (1) year, or by both such fine and imprisonment. Conviction of any subsequent offense under this section is punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00) or by imprisonment for a period of time not to exceed three (3) years, or by both such fine and imprisonment.

(4) For the purpose of this section, "emergency telephone service" shall mean a service established under Section 19-5-301 et seq., Mississippi Code of 1972, or established under the provisions of a local and private act enacted prior to October 20, 1987.

(5) The penalty provided for in this section shall be in addition to the penalty provided in Section 97-35-47.

SECTION 3. Section 1 of this act shall be codified as Section 97-35-47, Mississippi Code of 1972.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.