House Bill 664

AN ACT TO AMEND SECTION 97-17-70, MISSISSIPPI CODE OF 1972, TO CLARIFY DEFENSES TO THE CRIME 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 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.

(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) The fact that the person charged hereunder is the person who stole the property is not a defense to a charge of receiving stolen property; provided, however, that no person shall be charged in the same county with both stealing and receiving the same property. Proof that such person stole the property shall be prima facie evidence that said person knew the property had been stolen.

(4) Any person who shall be convicted of receiving stolen property which exceeds Five Hundred Dollars ($500.00) in value shall be committed to the custody of the State Department of Corrections for a term not exceeding ten (10) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

(5) Any person who shall be convicted of receiving stolen property which does not exceed Five Hundred Dollars ($500.00) 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, 2007.