MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Jordan (18th)

AN ACT TO AMEND SECTION 97-17-70, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF RECEIVING STOLEN PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-17-70, Mississippi Code of 1972, is amended as follows:

97-17-70. (1) A person commits the crime of receiving stolen property if he

(a) Intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner; or

(b) Obtains or exerts control over property in the custody of any law enforcement agency which is explicitly represented to him by any law enforcement officer or any individual acting on behalf of a law enforcement agency as being stolen.

(2) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.

(3) Any person who shall be convicted of receiving stolen property which exceeds Two Hundred Fifty Dollars ($250.00) in value shall be committed to the custody of the State Department of Corrections for a term not exceeding five (5) years or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

(4) Any person who shall be convicted of receiving stolen property which does not exceed Two Hundred Fifty Dollars ($250.00) in value shall be punished by imprisonment for not more than six (6) months or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

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