MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary B

By: Representative Bailey

House Bill 860

(As Passed the House)

AN ACT TO AMEND SECTION 65-7-23, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF DEFACING, REMOVING OR DESTROYING SIGNS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 65-7-23, Mississippi Code of 1972, is amended as follows:

     65-7-23.  (1)  Any person willfully defacing, removing, marring, damaging or destroying any sign or guide board, including any railroad crossing sign or flasher signal, or other traffic control device erected as provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable for the actual cost of replacing or repairing such sign and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment.  If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device.

     (2)  The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass.

     (3)  Any person who violates subsection (1) of this section regarding a memorial, other historical or cultural marker or sign, including a Mississippi Blues and Heritage Historical Marker, the value of which is Five Hundred Dollars ($500.00) or more, shall be guilty of a felony and upon conviction shall be imprisoned in the Penitentiary for not more than ten (10) years or fined not more than Ten Thousand Dollars ($10,000.00), or both.  Such person shall also be ordered to make full restitution.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.