MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary, Division B

By: Senator(s) White

Senate Bill 2060

AN ACT TO CREATE SECTION 97-1-2, MISSISSIPPI CODE OF 1972, TO MAKE IT UNLAWFUL FOR ANY PERSON IN ANY MANNER, WITH OR WITHOUT PAYMENT OR OFFER OF PAYMENT, TO SOLICIT ANOTHER TO COMMIT A CRIME; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 97-1-2, Mississippi Code of 1972:

     97-1-2.  (1)  A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages, requests or offers to pay money or other consideration to another person to engage in specific conduct that would constitute the crime or an attempt to commit the crime or would establish his complicity in the commission or attempted commission of the crime.

     (2)  It is immaterial under subsection (1) of this section that the person soliciting fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such communication.

     (3)  It is an affirmative defense that the person, after soliciting another to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime under circumstances manifesting a complete and voluntary renunciation of criminal purpose.

     (4)  Upon conviction under this section, the person shall be punished as follows:

          (a)  Except as provided in paragraph (b), if the crime solicited constitutes a felony, by a fine of not more than Five Thousand Dollars ($5,000.00), by imprisonment for not more than five (5) years, or both.

          (b)  If The crime solicited is murder or any felony violation of the Uniform Controlled Substances Law, by a fine of not more than Five Hundred Thousand Dollars ($500,000.00), imprisonment for not more than twenty (20) years, or both.

          (c)  If the crime solicited is a misdemeanor, by a fine of not more than Five Hundred Dollars ($500.00), confinement in jail for not more than six (6) months, or both.

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