MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary, Division B

By: Senator(s) Tindell

Senate Bill 2139

AN ACT TO AMEND SECTION 97-23-99, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR THE OFFENSE OF GIVING AWAY OF MERCHANDISE BY AN EMPLOYEE WITHOUT THE AUTHORITY OF THE MERCHANT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-23-99, Mississippi Code of 1972, is amended as follows:

     97-23-99.  (1)  It shall be unlawful for any employee of a merchant engaged in the sale of goods to the public to willfully give away any merchandise * * *of a value of less than Two Hundred Fifty Dollars ($250.00) intended for sale without receiving full payment for such merchandise or to give away any merchandise without the specific authorization of the merchant.

     (2)  (a)  Any person violating the provisions of this section where the merchandise has a value of less than Five Hundred Dollars ($500.00) shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) * * * or, imprisoned for not more than one (1) year, or both.

          (b)  Any person violating the provisions of this section where the merchandise has a value of Five Hundred Dollars ($500.00) or more shall be guilty of a felony and, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00), imprisoned in the custody of the Department of Corrections for not more than ten (10) years, or both.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.