MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary B

By: Representative Gipson

House Bill 543

AN ACT TO AMEND SECTION 97-23-99, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE AND PENALTIES REGARDING THE GIVING AWAY OF MERCHANDISE BY AN EMPLOYEE WITHOUT AUTHORIZATION 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) Five Hundred Dollars ($500.00) intended for sale without receiving full payment for such merchandise or to give away * * *any such merchandise without the specific authorization of the merchant.  Any person violating the provisions of this * * *section subsection 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.

     (2)  It shall be unlawful for any employee of a merchant engaged in the sale of good to the public to willfully give away any merchandise of a value of Five Hundred Dollars ($500.00) or more intended for sale without receiving full payment for such merchandise or to give away such merchandise without the specific authorization of the merchant.  Any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be imprisoned in the Department of Corrections for a term not exceeding ten (10) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.