MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Judiciary B

By: Representative Ellington

House Bill 1444

AN ACT TO AMEND SECTION 97-17-58, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FOR THEFT OF CRABS FROM ANOTHER'S CRAB TRAP AND THEFT OF ANOTHER'S CRAB TRAPS; TO PROVIDE A PENALTY FOR THEFT OF CRABS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-17-58, Mississippi Code of 1972, is amended as follows:

     97-17-58.  (1)  Every person who * * * steals, removes, takes or carries away the crabs from another's crab trap or the crab trap of another, the property of another used to catch saltwater crabs from the crab trap, under the value of Two Hundred Fifty Dollars ($250.00), is guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.

     (2)  Every person who steals, removes, takes or carries away the crabs from another's crab trap or the crab trap of another,  of a value of Two Hundred Fifty Dollars ($250.00) or more, is  guilty of grand larceny and, upon conviction, shall be punished by imprisonment in the Penitentiary not exceeding twelve (12) months or by a fine not exceeding Five Thousand Dollars ($5,000.00), or both.

     (3)  Any person who violates this section shall, in addition to the above penalties, pay restitution to the owner of the crab traps.  The value of the crab traps is the replacement cost of the crab traps.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2003.