MISSISSIPPI LEGISLATURE
2003 Regular Session
To: Judiciary B
By: Representative Blackmon
AN ACT TO AMEND SECTION 97-17-67, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF MALICIOUS MISCHIEF; TO INCORPORATE THE DESTRUCTION OF CEMETERY PROPERTY AND HOUSES OF WORSHIP INTO MALICIOUS MISCHIEF; TO REVISE PENALTIES; TO REPEAL SECTION 97-17-39, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS THE DESTRUCTION OF CEMETERY PROPERTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-17-67, Mississippi Code of 1972, is amended as follows:
97-17-67. (1) Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of malicious mischief.
(2) If the value of the property destroyed, disfigured or injured is Five Hundred Dollars ($500.00) or less, it shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment not exceeding twelve (12) months in the county jail, or both.
(3) If the value of the property destroyed, disfigured or injured is in excess of Five Hundred Dollars ($500.00), it shall be a felony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or imprisonment in the Penitentiary not exceeding five (5) years, or both.
(4) In all cases restitution to the victim for all damages shall be ordered. The value of property destroyed, disfigured or injured by the same party as part of a common crime against multiple victims may be aggregated together and if the value exceeds One Thousand Dollars ($1,000.00), shall be a felony.
(5) Malicious mischief involving the destruction, disfiguring or injury to public property, any house of worship or cemeteries may be punished by twice the fine or term of imprisonment.
(6) For purposes of this statute, value shall be the cost of repair or replacement of the property damaged or destroyed.
(7) Anyone who by any word, deed or act directly or indirectly urges, aids, abets, suggests or otherwise instills in the mind of another the will to so act shall be considered a principal in the commission of said crime and shall be punished in the same manner.
SECTION 2. Section 97-17-39, Mississippi Code of 1972, which prohibits the destruction of cemetery property, is repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2003.