MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Walls, Simmons, Horhn, Gollott

AN ACT TO AMEND SECTION 75-76-311, MISSISSIPPI CODE OF 1972, TO CONFORM THE PUNISHMENT FOR CHEATING AT GAMBLING TO LARCENY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 75-76-311, Mississippi Code of 1972, is amended as follows:

75-76-311. (1) Except as otherwise provided in this section, and in addition to any other penalty provided in this chapter, any person who violates any provision of Sections 75-76-301 through 75-76-313, shall be punished:

(a) For the first offense, by imprisonment in the State Penitentiary for not more than two (2) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

(b) For a second or subsequent violation of any of these provisions, by imprisonment in the State Penitentiary for not more than ten (10) years, and may be further punished by a fine of not more than Ten Thousand Dollars ($10,000.00).

(2) Any person who violates Section 75-76-307 shall be punished only as for grand or petit larceny according to the amount unlawfully gained or attempted to be gained in the offense.

(3) In addition to any other penalty provided in this chapter, any person who attempts, or two (2) or more persons who conspire, to violate any provision of Sections 75-76-301 through 75-76-313 each shall be punished by imposing the penalty provided in * * * this section for the completed crime, whether or not he personally played any gambling game or used any prohibited device.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.