MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Moak

AN ACT TO AMEND SECTION 97-41-15, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR KILLING LIVESTOCK; TO PROVIDE THAT THE INTENTIONAL KILLING OF LIVESTOCK FOR RITUAL PURPOSES SHALL BE A FELONY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-41-15, Mississippi Code of 1972, is amended as follows:

97-41-15. (1) (a) Any person who shall intentionally or maliciously, either out of a spirit of revenge or wanton cruelty or who shall mischievously kill, maim or wound, or injure any livestock, or cause any person to do the same, shall be guilty of a felony and upon conviction, shall be committed to the custody of the State Department of Corrections for not less than one (1) year nor more than ten (10) years, and fined an amount not less than One Thousand Five Hundred Dollars ($1,500.00), nor more than Ten Thousand Dollars ($10,000.00).

(b) Any person who shall intentionally or maliciously kill any livestock of another and dismember or mutilate such carcass, or cause any person to do the same, shall be guilty of a felony and upon conviction, shall be committed to the custody of the State Department of Corrections for not less than one (1) year nor more than ten (10) years, and fined an amount not less than Two Thousand Five Hundred Dollars ($2,500.00), nor more than Twenty Thousand Dollars ($20,000.00) and any property used in the commission of the crime shall be confiscated including, but not limited to firearms, motor vehicles or any other weapon or other property used in the commission of such crime.

(2) In addition to any such fine or imprisonment which may be imposed, the court shall order that restitution be made to the owner of any animal listed in subsection (1) of this section. The measure for restitution in money shall be the current replacement value of such loss and/or the actual veterinarian fees, special supplies, loss of income and other costs incurred as a result of actions in violation of subsection (1) of this section.

(3) For purposes of this section, the term "livestock" shall

mean horses, cattle, swine, sheep and other domestic animals

produced for profit.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.