MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Drug Policy
By: Representative Touchstone
AN ACT TO AMEND SECTION 97-5-49, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR CERTAIN SOCIAL HOSTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-5-49, Mississippi Code of 1972, is amended as follows:
97-5-49. (1) As used in this section:
(a) "Adult" means a person over the age of twenty-one (21) years.
(b) "Alcoholic beverage" has the meaning as defined in Section 67-1-5.
(c) "Beer" has the meaning as defined in Section 67-3-3.
(d) "Great bodily injury" means mutilates, disfigures, permanently disables or destroys the tongue, eye, lips, nose or any other limb, organ or member.
( * * *e) "Light wine" means wine
containing five percent (5%) or less of alcohol by weight.
( * * *f) "Minor" means a person
under the age of twenty-one (21) years.
( * * *g) "Party" means a gathering
or event at which a group of two (2) or more persons assembles for a social
occasion or activity at a private residence or a private premises.
( * * *h) "Private premises" means
privately owned land, including any appurtenances or improvements on the land.
( * * *i) "Private residence" means
the place where a person actually lives or has his or her home.
( * * *j) "Wine" has the meaning as
defined in Section 67-1-5.
(2) No adult who owns or leases a private residence or private premises shall knowingly allow a party to take place or continue at the residence or premises if a minor at the party obtains, possesses or consumes any alcoholic beverage, light wine or beer if the adult knows that the minor has obtained, possesses or is consuming alcoholic beverages, light wine or beer.
(3) This section shall not apply to legally protected religious activities or gatherings of family members or to any of the exemptions set forth in Section 67-3-54.
(4) Each incident in violation of subsection (2) of this section or any part of subsection (2) constitutes a separate offense.
(5) (a) Except as otherwise provided in paragraph (b) of this subsection, any person who violates subsection (2) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both the fine and imprisonment, in the discretion of the court.
(b) Any person who violates subsection (2) of this section and the minor served in violation of this act causes great bodily injury as defined in subsection (1) of this section to himself, herself or to another person, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500), or by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or by both such fine and imprisonment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.