Senate Bill 2128

AN ACT TO CREATE THE CRIME OF TRESPASS ON PROPERTY OTHER THAN A STRUCTURE OR CONVEYANCE; TO PROVIDE PENALTIES FOR THE CRIME; TO DEFINE TERMS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the following terms shall have the meaning herein ascribed unless the context clearly requires otherwise:

(a) "Authorized person" or "person authorized" means any owner, his or her agent, a community association authorized as an agent for the owner or any law enforcement officer whose department has received written authorization from the owner, his or her agent or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare.

(b) "Unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.

(2) A person commits the offense of trespass on property other than a structure or conveyance who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:

(a) As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing or cultivation; or

(b) If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass. (3) (a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor punishable by a fine of not more than Two Hundred Fifty Dollars ($250.00) or by a term in the county jail of no more than sixty (60) days, or both.

(b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence or gate, or does any act that exposes animals, crops or other property to waste, destruction or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) or by a term in the county jail of no more than six (6) months, or both.

(c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony punishable by a fine of not more than Two Thousand Dollars ($2,000.00) or by a term of no more than five (5) years in the custody of the Mississippi Department of Corrections, or both. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph (c) has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.

(d) The offender commits a felony punishable by a fine of not more than Two Thousand Dollars ($2,000.00) or by a term of no more than five (5) years in the custody of the Mississippi Department of Corrections, or both, if the property trespassed is a construction site that is:

(i) Greater than one (1) acre in area and is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY"; or

(ii) One (1) acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than two (2) inches in height, and reads in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The sign shall be placed at the location on the property where the permits for construction are located. For construction sites of one (1) acre or less as provided in this subparagraph (ii), it shall not be necessary to give notice by posting.

(e) The offender commits a felony punishable by a fine of not more than Two Thousand Dollars ($2,000.00) or by a term of no more than five (5) years in the custody of the Mississippi Department of Corrections, or both, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: "THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(f) The offender commits a felony punishable by a fine of not more than Two Thousand Dollars ($2,000.00) or by a term of no more than five (5) years in the custody of the Mississippi Department of Corrections, or both, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."

(g) Any person who in taking or attempting to take any animal or in killing, attempting to kill, or endangering any livestock or knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits a felony punishable by a fine of not more than Two Thousand Dollars ($2,000.00) or by a term of no more than five (5) years in the custody of the Mississippi Department of Corrections, or both. For purposes of this paragraph:

(i) "Potentially lethal projectile" includes any projectile launched from any firearm, bow, crossbow, or similar tensile device;

(ii) "Animal" means muskrat, mink, raccoon, otter, civet cat, skunk, red and gray fox, opossum, deer, bear, squirrel, rabbits, wild hogs, ducks, geese, rails, coots, gallinules, snipe, woodcock, wild turkeys, grouse, pheasants, quail and doves; and

(iii) "Livestock" means grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ostriches, emus and rheas, which are raised for private use or commercial purposes.

(4) This section does not apply to any governmental agent or employee acting within the scope of his or her official duties.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.