MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary B
By: Representative Chism
AN ACT TO AMEND SECTIONS 97-3-87 AND 97-3-85, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY THREAT OF A PEACE OFFICER SHALL BE A FELONY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-3-87, Mississippi Code of 1972, is amended as follows:
97-3-87. (1) Any person or persons who shall, by placards, or other writing, or verbally, attempt by threats, direct or implied, of injury to the person or property of another, to intimidate such other person into an abandonment or change of home or employment, shall, upon conviction, be fined not exceeding Five Hundred Dollars ($500.00), or imprisoned in the county jail not exceeding six (6) months, or in the penitentiary not exceeding five (5) years, as the court, in its discretion may determine.
(2) Any person or persons who shall, by placards, or other writing, or verbally, attempt by threats, direct or implied, of injury to the person or property of a peace officer, to intimidate such peace officer into an abandonment or change of home or employment, upon conviction, shall be guilty of a felony and, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than five (5) years, or both.
For purposes of this subsection, the term "peace officer" means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the Department of Revenue, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary.
SECTION 2. Section 97-3-85, Mississippi Code of 1972, is amended as follows:
97-3-85. (1) If any person shall post, mail, deliver, or drop a threatening letter or notice to another, whether such other be named or indicated therein or not, with intent to terrorize or to intimidate such other, he shall, upon conviction, be punished by imprisonment in the county jail not more than six (6) months, or by a fine not more than Five Hundred Dollars ($500.00), or both.
(2) If any person shall post, mail, deliver, or drop a threatening letter or notice to a peace officer, whether such other be named or indicated therein or not, with intent to terrorize or to intimidate the peace officer shall, upon conviction, be guilty of a felony and, upon conviction, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than five (5) years, or both. For purposes of this subsection, the term "peace officer" means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the Department of Revenue, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.