reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-10 - Cutting trees without consent of owner

(1)
If any person shall cut down, deaden, destroy or take away any tree without the consent of the owner of such tree, such person shall pay to the owner of such tree a sum equal to double the fair market value of the tree cut down, deadened, destroyed or taken away, together with the reasonable cost of reforestation, which cost shall not exceed Two Hundred Fifty Dollars ($250.00) per acre. The liability for the damages established in this subsection shall be absolute and unconditional and the fact that a person cut down, deadened, destroyed or took away any tree in good faith or by honest mistake shall not be an exception or defense to liability. To establish a right of the owner prima facie to recover under the provisions of this subsection, the owner shall only be required to show that such timber belonged to such owner, and that such timber was cut down, deadened, destroyed or taken away by the defendant, his agents or employees, without the consent of such owner. The remedy provided for in this section shall be the exclusive remedy for the cutting down, deadening, destroying or taking away of trees and shall be in lieu of any other compensatory, punitive or exemplary damages for the cutting down, deadening, destroying or taking away of trees but shall not limit actions or awards for other damages caused by a person.
(2)
If the cutting down, deadening, destruction or taking away of a tree without the consent of the owner of such tree be done willfully, or in reckless disregard for the rights of the owner of such tree, then in addition to the damages provided for in subsection (1) of this section, the person cutting down, deadening, destroying or taking away such tree shall pay to the owner as a penalty Fifty-five Dollars ($55.00) for every tree so cut down, deadened, destroyed or taken away if such tree is seven (7) inches or more in diameter at a height of eighteen (18) inches above ground level, or Ten Dollars ($10.00) for every such tree so cut down, deadened, destroyed or taken away if such tree is less than seven (7) inches in diameter at a height of eighteen (18) inches above ground level, as established by a preponderance of the evidence. To establish the right of the owner prima facie, to recover under the provisions of this subsection, it shall be required of the owner to show that the defendant or his agents or employees, acting under the command or consent of their principal, willfully and knowingly, in conscious disregard for the rights of the owner, cut down, deadened, destroyed or took away such trees.
(3)
All reasonable expert witness fees and attorney's fees shall be assessed as court costs in the discretion of the court.
Laws, 1989, ch. 558, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-11 - Loosening or taking boats and water craft

Every person who, without the consent of the owner or person in charge, shall loosen or take away any boat or water craft, shall pay to the owner thereof Twenty Dollars ($20.00), over and above the expenses for bringing back such boat or water craft.
Codes, Hutchinson's 1848, ch. 12, art. 6(6); 1857, ch. 18, art. 6; 1871, § 2478; 1880, § 966; 1892, § 4416; 1906, § 4981; Hemingway's 1917, § 3250; 1930, § 3415; 1942, § 1079.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-13 - Taking cottonseed sacks

If a corporation or the agent or employee of a corporation shall deliver or cause to be delivered to any other corporation or its agent or employee for transportation, or shall receive for such purpose, or shall remove or secrete, without the consent of the owner or of his agent, any bag or sack commonly known as a cottonseed sack, so marked as to indicate its owner, it or he shall pay to the owner Twenty-five Cents (25¢) for each bag or sack so delivered or caused to be delivered, or received, or removed or secreted.
Codes, 1892, § 4417; 1906, § 4982; Hemingway's 1917, § 3251; 1930, § 3416; 1942, § 1080.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-15 - Boxing pine trees

If any person shall box for turpentine, or shall cut or cause to be cut a box or boxes in a pine tree on land not his own, without consent of the owner of the land or tree, he shall pay to the owner thereof Five Dollars ($5.00) for each pine tree so boxed or cut.
Codes, 1892, § 4418; 1906, § 4983; Hemingway's 1917, § 3252; 1930, § 3417; 1942, § 1081.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-17 - [Repealed]

Repealed by Laws, 1983, ch. 374, § 3, eff. 7/1/1983.
Codes, 1880, §§ 815-817; 1892, § 4419; 1906, § 4984; Hemingway's 1917, § 3253; 1930, § 3418; 1942, § 1082.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-19 - Poultry or livestock-killing dog; how dealt with

The owner, or the immediate family, employee or agent of the owner, of any poultry or livestock, including cattle, horses, mules, jacks, jennets, sheep, goats and hogs, may kill any dog in the act of chasing or killing any such poultry or livestock, and any such person shall not be liable therefor to the owner of the dog.
Codes, 1880, §§ 815-817; 1892, § 4420; 1906, § 4985; Hemingway's 1917, § 3254; 1930, § 3419; 1942, § 1083; Laws, 1983, ch. 374, § 1; Laws, 1985, ch. 377, eff. 7/1/1985.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-21 - Poultry and livestock killed by dog; owner liable

If any dog shall kill or injure any poultry or any livestock, including cattle, horses, mules, jacks, jennets, sheep, goats and hogs, the owner of the dog shall pay to the owner of such poultry or livestock any loss suffered as a result of such injury and the value of the poultry or livestock killed and all costs of collection, including court costs and reasonable attorney's fees.
Codes, 1942, § 1083.5; Laws, 1956, ch. 242; Laws, 1983, ch. 374, § 2, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-23 - To fences, bars, gates, bridges, buildings

If any person shall put down any fence or bars, or open any gate, not his own, and leave the same down or open, without the permission of the owner, or shall in any manner injure or deface any bridge, building, or other structure not his own, he shall pay to the owner Twenty Dollars ($20.00) for every such offense, and shall be liable for all damages that may have resulted from such act.
Codes, Hutchinson's 1847, ch. 12, art. 6(8); 1857, ch. 16, art. 19; 1871, § 1925; 1880, § 989; 1892, § 4422; 1906, § 4987; Hemingway's 1917, § 3256; 1930, § 3421; 1942, § 1085.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-25 - By firing woods

If any person shall set on fire any lands of another, or shall wantonly, negligently, or carelessly allow any fire to get into the lands of another, he shall be liable to the person injured thereby, not only for the injury to or destruction of buildings, fences, and the like, but for the burning and injury of trees, timber, and grass, and damage to the range as well; and shall moreover be liable to a penalty of One Hundred and Fifty Dollars ($150.00) in favor of the owner.
Codes, Hutchinson's 1848, ch. 13, art. 5(2); 1857, ch. 28, art. 1; 1871, § 2741; 1880, § 2816; 1892, § 4423; 1906, § 4988; Hemingway's 1917, § 3257; 1930, § 3422; 1942, § 1086.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-27 - On lands held by the state

All the provisions of this chapter giving a penalty for cutting down, deadening, girdling, boxing, destroying, or taking away trees of any kind, herein mentioned, and regulating the remedy for enforcing the same, shall apply when the injury is committed on land belonging to the state, or which is held by the state in trust for any purpose.
Codes, 1892, § 4421; 1906, § 4986; Hemingway's 1917, § 3255; 1930, § 3420; 1942, § 1084.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-29 - Limitation of actions; effect of recovery; claiming less than statutory penalty

An action for the remedies and penalties provided by Section
95-5-10
may be prosecuted in any court of competent jurisdiction within twenty-four (24) months from the time the injury was committed and not after. All other actions for any specific penalty given by this chapter may be prosecuted in any court of competent jurisdiction within twelve (12) months from the time the injury was committed, and not after; and a recovery of any penalty herein given shall not be a bar to any action for further damages, or to any criminal prosecution for any such offense as herein enumerated. A party, if he so elect, may, under any of the provisions of this chapter, claim less than the penalty given.
Codes, Hutchinson's 1848, ch. 57, art. 6(4); 1857, ch. 18, art. 7; 1871, § 2479; 1880, § 968; 1892, § 4424; 1906, § 4989; Hemingway's 1917, § 3258; 1930, § 3423; 1942, § 1087; Laws, 1999, ch. 431, § 1, eff. 3/19/1999.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 5 - TRESPASS (§§ 95-5-1 — 95-5-31) › Section 95-5-31 - Duty of possessor of real property to trespasser

(1)
For the purposes of this section, the following words shall have the following meanings:
(a)
"Possessor of real property" means any person with a fee, reversionary, or easement interest in real property, including an owner, lessee, or other lawful occupant.
(b)
"Trespasser" means a person who enters upon the property of another without permission and without an invitation, express or implied, or other legal right.
(2)
A possessor of real property owes no duty of care to a trespasser, except a duty to refrain from willfully or wantonly injuring such a person.
(3)
Notwithstanding subsection (2) of this section, a possessor of real property may be subject to liability for injury to a trespasser if:
(a)
The possessor discovers the trespasser in a position of peril on the property and fails to exercise reasonable care to prevent injury to that trespasser; or
(b)
The trespasser is a child injured by an artificial condition on the possessor's property and all of the following apply:
(i)
The place where the condition existed was one upon which the possessor knew or had reason to know that a child would be likely to trespass;
(ii)
The condition is one of which the possessor knew or had reason to know and which the possessor realized or should have realized would involve an unreasonable risk of death or serious bodily harm to a child;
(iii)
The injured child because of his or her youth did not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it;
(iv)
The utility to the possessor of maintaining the condition and the burden of eliminating the danger was slight as compared with the risk to the child; and
(v)
The possessor failed to exercise reasonable care to eliminate the danger or otherwise to protect the child.
(4)
This section does not create or increase the liability of any possessor of real property and does not affect any immunities from or defenses to civil liability established by another section of the Mississippi Code of 1972 or available at common law to which a possessor of real property may be entitled.
Added by Laws, 2016, ch. 407, HB 767, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 7 - LIABILITY EXEMPTION FOR DONORS OF FOOD (§§ 95-7-1 — 95-7-13) › Section 95-7-1 - Definitions

For the purposes of this chapter, the following words shall have the following meanings:
(a)
"Apparently wholesome food" shall mean food that is prepared or perishable or raw agricultural products which appear to be fit for human consumption at the time it is donated. Such food does not include canned goods that are leaking, swollen, dented on a seam, or no longer airtight.
(b)
"Charitable or nonprofit organization" shall mean an incorporated or unincorporated organization that has been established and is operating for religious, charitable, or educational purposes and that does not distribute any of its income to its members, directors or officers.
(c)
"Intentional misconduct" shall mean conduct that the person acting knows is harmful to the health or well-being of another person.
(d)
"Donate" shall mean to give without requiring anything of monetary value from the donee.
(e)
"Person" shall mean an individual, corporation, partnership, organization or association.
Laws, 1983, ch. 534, § 1, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 7 - LIABILITY EXEMPTION FOR DONORS OF FOOD (§§ 95-7-1 — 95-7-13) › Section 95-7-3 - Donors of apparently wholesome food to charitable or nonprofit institutions not to be liable; exceptions

Notwithstanding any other provisions of law, any person who makes a good faith donation to a charitable or nonprofit organization of apparently wholesome food, shall not be liable for damages in any civil action for any injury or death because of the condition of such food unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor.
Laws, 1983, ch. 534, § 2, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 7 - LIABILITY EXEMPTION FOR DONORS OF FOOD (§§ 95-7-1 — 95-7-13) › Section 95-7-5 - Charitable or nonprofit organizations not liable as result of distribution of donated food

Notwithstanding any other provisions of law, a charitable or nonprofit organization which in good faith receives and distributes, without charge, food which the organization reasonably determines to be apparently wholesome shall not be liable for damages in any civil action based on the doctrine of strict liability in tort for any injury or death because of the condition of such food.
Laws, 1983, ch. 534, § 3, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 7 - LIABILITY EXEMPTION FOR DONORS OF FOOD (§§ 95-7-1 — 95-7-13) › Section 95-7-7 - Application of chapter

This chapter shall apply to all good faith donations of perishable food or raw agricultural products which are not readily marketable because of appearance, freshness, grade, surplus supply or other conditions.
Laws, 1983, ch. 534, § 4, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 7 - LIABILITY EXEMPTION FOR DONORS OF FOOD (§§ 95-7-1 — 95-7-13) › Section 95-7-9 - Labeling of food

Any charitable or nonprofit organization distributing food pursuant to this chapter shall affix a label upon such food or upon the individual container or package of such food, or in the dining hall where such prepared foods are served, stating that the food is not for resale and stating that pursuant to state law this organization shall not be liable in any civil action based on strict liability in tort for any injury or death because of the condition of such food.
Laws, 1983, ch. 534, § 5, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 7 - LIABILITY EXEMPTION FOR DONORS OF FOOD (§§ 95-7-1 — 95-7-13) › Section 95-7-11 - Sale of donated food prohibited

It shall be unlawful for any person or charitable or nonprofit organization receiving food pursuant to this chapter to sell or offer to sell such donated food. Any person violating the provisions of this section shall upon conviction be guilty of a misdemeanor.
Laws, 1983, ch. 534, § 6, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 7 - LIABILITY EXEMPTION FOR DONORS OF FOOD (§§ 95-7-1 — 95-7-13) › Section 95-7-13 - Regulations

The Commissioner of Agriculture and Commerce is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter.
Laws, 1983, ch. 534, § 7, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 9 - LIABILITY EXEMPTION FOR VOLUNTEERS AND SPORTS OFFICIALS (§§ 95-9-1 — 95-9-5) › Section 95-9-1 - Definitions; liability exemption for volunteers; exceptions

(1)
For the purposes of this section, unless the context otherwise requires:
(a)
"Qualified volunteer" means any person who freely provides services, goods or the use of real or personal property or equipment, without any compensation or charge, to any volunteer agency in connection with a volunteer activity. For purposes of this chapter, reimbursement of actual expenses, including travel expenses, necessarily incurred in the discharge of a member's duties, insurance coverage and workers' compensation coverage of volunteers, shall not be considered monetary compensation.
(b)
"Volunteer agency" means any department, institution, community volunteer organization or any nonprofit corporation designated 501(c)(3) by the United States Internal Revenue Service, except an agency established primarily for the recreational benefit of its stockholders or members. Volunteer agency shall also include any volunteer firefighter association which is eligible to be designated as a nonprofit corporation under 501(c)(3) by the United States Internal Revenue Service.
(c)
"Volunteer activity" means any activity within the scope of any project, program or other activity regularly sponsored by a volunteer agency with the intent to effect a charitable purpose or other public benefit, including, but not limited to, fire protection, rescue services, the enhancement of the cultural, civic, religious, educational, scientific or economic resources of the community or equine activity as provided in Section
95-11-1
et seq.
(2)
A qualified volunteer shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his volunteer activities.
(3)
A qualified volunteer who renders assistance to a participant in, or a recipient, consumer or user of the services or benefits of a volunteer activity shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith except:
(a)
Where the qualified volunteer engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent; or
(b)
Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat or other powered mode of conveyance.
Laws, 1988, ch. 585, § 1; Laws, 1993, ch. 589, § 1; Laws, 1994, ch. 443, § 5, eff. 7/1/1994.
Amended by Laws, 2013, ch. 385, SB 2751, 3, eff. 3/20/2013.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 9 - LIABILITY EXEMPTION FOR VOLUNTEERS AND SPORTS OFFICIALS (§§ 95-9-1 — 95-9-5) › Section 95-9-3 - Liability exemption for sports officials; definitions; exceptions; application of section

(1)
Sports officials who officiate athletic contests at any level of competition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officiating duties within the confines of the athletic facility at which the athletic contest is played.
(2)
For purposes of this section, sports officials are defined as those individuals who serve as referees, umpires, linesmen and those who serve in similar capacities but may be known by other titles and are duly registered or members of a local, state, regional or national organization which is engaged in part in providing education and training to sports officials.
(3)
Nothing in this section shall be deemed to grant the protection set forth to sports officials who cause injury or damage to a person or entity by actions or inactions which are intentional, willful, wanton, reckless, malicious or grossly negligent.
(4)
The provisions of this section shall apply only to actions the cause of which accrued on or after July 1, 1988.
Laws, 1988, ch. 585, § 2, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 9 - LIABILITY EXEMPTION FOR VOLUNTEERS AND SPORTS OFFICIALS (§§ 95-9-1 — 95-9-5) › Section 95-9-5 - Application of chapter

Nothing in this chapter shall be construed to limit the liability of a person acting outside the scope of the volunteer activity, or as limiting a person's right of recovery under provisions required to be contained in an automobile liability insurance policy or contract pursuant to Sections
83-11-101
through
83-11-111
, Mississippi Code of 1972, and the liability of the owner or operator of an uninsured motor vehicle shall not be limited as provided in this chapter for purpose of recovery under such a provision.
Laws, 1988, ch. 585, § 3, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 11 - LIABILITY EXEMPTION FOR EQUINE AND LIVESTOCK ACTIVITIES (§§ 95-11-1 — 95-11-7) › Section 95-11-1 - Legislative findings and intent

The Legislature recognizes that persons who participate in livestock shows or equine activities may incur injuries as a result of the risks involved in such activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The Legislature finds, determines and declares that this chapter is necessary for the immediate preservation of the public peace, health and safety. It is, therefore, the intent of the Legislature to encourage livestock shows and equine activities by limiting the civil liability of those involved in such activities.
Laws, 1994, ch. 443, § 1; Laws, 2003, ch. 451, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 11 - LIABILITY EXEMPTION FOR EQUINE AND LIVESTOCK ACTIVITIES (§§ 95-11-1 — 95-11-7) › Section 95-11-5 - Extent of immunity from liability

(1)
Except as provided in subsection (2) of this section, an equine or livestock activity sponsor, an equine or livestock professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities, horse racing or livestock shows and, except as provided in subsection (2) of this section, a participant's representative shall not make any claim against, or recover from an equine or livestock professional, or any other person for injury, loss, damage or death of the participant resulting from any of the inherent risks of equine activities, horse racing or livestock shows.
(2)
Nothing in subsection (1) of this section shall prevent or limit the liability of an equine or livestock activity sponsor, an equine or livestock professional or any other person if the equine or livestock activity sponsor, equine or livestock professional or person:
(a)
(i)
Provided the equipment or tack and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.
(ii)
Provided the equine or livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or livestock show and to safely manage the particular equine or livestock based on the participant's representations of his ability.
(b)
Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities for which warning signs have been conspicuously posted, as required by Section
95-11-7
.
(c)
Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.
(d)
Intentionally injures the participant.
(3)
Nothing in subsection (1) of this section shall prevent or limit the liability of an equine or livestock activity sponsor or an equine or livestock professional under liability provisions as set forth in products liability laws.
Laws, 1994, ch. 443, § 3; Laws, 2003, ch. 451, § 3, eff. 7/1/2003.
Amended by Laws, 2024, ch. 318, HB 1353,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 11 - LIABILITY EXEMPTION FOR EQUINE AND LIVESTOCK ACTIVITIES (§§ 95-11-1 — 95-11-7) › Section 95-11-7 - Posting of warnings

(1)
Every equine or livestock activity sponsor and every equine or livestock professional shall post and maintain signs which contain the warning notice specified in subsection (2) of this section. Such signs shall be placed in a clearly visible location on or near stables, corrals or arenas where the equine or livestock activity sponsor or the equine or livestock professional conducts equine activities, horse racing or livestock shows. The warning notice specified in subsection (2) of this section shall appear on the sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an equine or livestock professional or by an equine or livestock activity sponsor for the providing of professional services, instruction or the rental of equipment or tack, or an equine participant, livestock participant, whether or not the contract involves equine activities or livestock shows on or off the location or site of the equine or livestock activity sponsor's or the equine or livestock professional's business, shall contain in clearly readable print the warning notice specified in subsection (2) of this section.
(2)
The signs and contracts described in subsection (1) of this section shall contain the following warning notice:
WARNING:
Under Mississippi law, an equine or livestock activity sponsor or an equine or livestock professional is not liable for an injury to or the death of a participant in equine activities, horse racing or livestock shows resulting from the inherent risks of equine activities, horse racing or livestock shows, pursuant to this chapter.
(3)
Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an equine or livestock activity sponsor or equine or livestock professional from invoking the privileges of immunity provided by this chapter.
Laws, 1994, ch. 443, § 4; Laws, 2003, ch. 451, § 4, eff. 7/1/2003.
Amended by Laws, 2024, ch. 318, HB 1353,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 95 - TORTS (§§ 95-1-1 — 95-15-1) › Chapter 15 - LIABILITY EXEMPTION FOR REPORT OF SUSPICIOUS ACTIVITY OR BEHAVIOR (§ 95-15-1) › Section 95-15-1 - Limitation of liability for report of suspicious activity or behavior

(1)
The School Safety Center within the State Department of Education shall develop and implement a statewide media campaign to prioritize and raise awareness for the "See Something, Say Something Act" established under this section, as well as the national campaign established by the United States Department of Homeland Security, as a measure to encourage good faith reporting of suspicious activity to law enforcement agencies. The media campaign shall inform the public of the protections provided by the law in addition to useful tools, resources, appropriate local law enforcement agencies and emergency services contact information, and partnering entities, including, the Mississippi Office of Homeland Security, the Mississippi Department of Public Safety and the Mississippi Department of Mental Health. In addition to the media campaign, the School Safety Center shall also make this information available on the Internet website of the State Department of Education.
(2)
A person who in good faith makes a report of suspicious activity or behavior shall be immune from civil and criminal liability for the making of the report if the report is based on objectively reasonable suspicion.
(3)
For purposes of this section, "report of suspicious activity or behavior" means any communication to a law enforcement officer or agency or other appropriate authority of the behavior or activity of another person if the report is made with the reasonable belief that the behavior or activity constitutes or is in furtherance of an act of terrorism.
(4)
This section does not apply to the intentional making of a report known to be false, including a violation of Section
97-35-47
, or to a report made with reckless disregard for the truth of the report.
Amended by Laws, 2019, ch. 427, HB 1283,§ 8, eff. 7/1/2019.
Added by Laws, 2016, ch. 427, HB 578, 1, eff. 4/18/2016.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 1 - CONSPIRACY, ACCESSORIES AND ATTEMPTS (§§ 97-1-1 — 97-1-9) › Section 97-1-1 - Conspiracy

(1)
If two (2) or more persons conspire either:
(a)
To commit a crime; or
(b)
Falsely and maliciously to indict another for a crime, or to procure to be complained of or arrested for a crime; or
(c)
Falsely to institute or maintain an action or suit of any kind; or
(d)
To cheat and defraud another out of property by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property or thing by false pretense; or
(e)
To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use of employment thereof; or
(f)
To commit any act injurious to the public health, to public morals, trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws; or
(g)
To overthrow or violate the laws of this state through force, violence, threats, intimidation, or otherwise; or
(h)
To accomplish any unlawful purpose, or a lawful purpose by any unlawful means; such persons, and each of them, shall be guilty of a felony and upon conviction may be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than five (5) years, or by both.
(2)
Where one (1) or more of the conspirators is a law enforcement officer engaged in the performance of official duty or a person acting at the direction of a law enforcement officer in the performance of official duty, any remaining conspirator may be charged under this section if the alleged conspirator acted voluntarily and willfully and was not entrapped by the law enforcement officer or person acting at the direction of a law enforcement officer.
(3)
Where the crime conspired to be committed is capital murder or murder as defined by law or is a violation of Section
41-29-139(b)(1)
, Section
41-29-139(c)(2)(D)
or Section
41-29-313(1)
, being provisions of the Uniform Controlled Substances Law, the offense shall be punishable by a fine of not more than Five Hundred Thousand Dollars ($500,000.00) or by imprisonment for not more than twenty (20) years, or by both.
(4)
Where the crime conspired to be committed is a misdemeanor, then upon conviction said crime shall be punished as a misdemeanor as provided by law.
Codes, 1892, § 1006; 1906, § 1084; Hemingway's 1917, § 810; 1930, § 830; 1942, § 2056; Laws, 1954, Ex. ch. 20; Laws, 1968, ch. 343, § 1; Laws, 1981, ch. 488, § 1; Laws, 2007, ch. 500, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 1 - CONSPIRACY, ACCESSORIES AND ATTEMPTS (§§ 97-1-1 — 97-1-9) › Section 97-1-3 - Accessories before the fact

Every person who shall be an accessory to any felony, before the fact, shall be deemed and considered a principal, and shall be indicted and punished as such; and this whether the principal have been previously convicted or not.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8 (6); 1857, ch. 64, art. 2; 1871, § 2484; 1880, § 2698; 1892, § 950; 1906, § 1026; Hemingway's 1917, § 751; 1930, § 769; 1942, § 1995.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 1 - CONSPIRACY, ACCESSORIES AND ATTEMPTS (§§ 97-1-1 — 97-1-9) › Section 97-1-5 - Accessories after the fact; punishment

(1)
Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a felony, with intent to enable the felon to escape or to avoid arrest, trial, conviction or punishment after the commission of the felony, on conviction thereof shall be imprisoned in the custody of the Department of Corrections as follows:
(a)
If the felony was a violent crime:
(i)
If the maximum punishment was life, death or twenty (20) years or more, for a period not to exceed twenty (20) years; or
(ii)
If the maximum punishment for the violent felony was less than twenty (20) years, for a period not to exceed the maximum punishment.
(b)
If the felony was a nonviolent crime:
(i)
If the maximum punishment for the nonviolent felony was ten (10) years or more, for a period not to exceed ten (10) years; or
(ii)
If the maximum punishment for the nonviolent felony was less than ten (10) years, for a period not to exceed the maximum punishment.
(2)
For the purposes of this section, "violent crime" means homicide, robbery, manslaughter, sex crimes, burglary of an occupied dwelling, aggravated assault, kidnapping, drive-by shooting, armed robbery, felonious abuse of a vulnerable person, felonies subject to an enhanced penalty, felony child abuse or exploitation, or any violation of Section
97-5-33
relating to exploitation of children, Section
97-5-39(1)(b)
,
97-5-39(1)(c)
or
97-5-39(2)
relating to child neglect or abuse, or Section
63-11-30(5)
relating to aggravated DUI.
(3)
In the prosecution of an offense under this section, it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8 (7); 1857, ch. 64, art. 3; 1871, § 2485; 1880, § 2699; 1892, § 951; 1906, § 1027; Hemingway's 1917, § 752; 1930, § 770; 1942, § 1996; Laws, 2012, ch. 496, § 1, eff. 4/30/2012.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 1 - CONSPIRACY, ACCESSORIES AND ATTEMPTS (§§ 97-1-1 — 97-1-9) › Section 97-1-6 - Directing or causing felony to be committed by person under age of seventeen years

In addition to any other penalty and provision of law, any person over the age of seventeen (17) who shall direct or cause any person under the age of seventeen (17) to commit any crime which would be a felony if committed by an adult shall be guilty of a felony and upon conviction shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned for not more than twenty (20) years, or both.
Laws, 1994, ch. 595, § 7, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 1 - CONSPIRACY, ACCESSORIES AND ATTEMPTS (§§ 97-1-1 — 97-1-9) › Section 97-1-7 - Attempt to commit offense; punishment

(1)
Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no other specific provision is made by law for the punishment of the attempt, be punished by imprisonment and fine for a period and for an amount not greater than is prescribed for the actual commission of the offense so attempted.
(2)
Every person who shall design and endeavor to commit an act which, if accomplished, would constitute an offense of murder under Section
97-3-19
, but shall fail therein, or shall be prevented from committing the same, shall be guilty of attempted murder and, upon conviction, shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) years in the custody of the Department of Corrections.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 8 (3); 1857, ch. 64, art. 20; 1871, § 2809; 1880, § 2713; 1892, § 973; 1906, § 1049; Hemingway's 1917, § 777; 1930, § 793; 1942, § 2017.
Amended by Laws, 2013, ch. 510, HB 28, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 1 - CONSPIRACY, ACCESSORIES AND ATTEMPTS (§§ 97-1-1 — 97-1-9) › Section 97-1-9 - Attempt to commit offense; no conviction if offense completed

A person shall not be convicted of an assault with intent to commit a crime, or of any other attempt to commit an offense, when it shall appear that the crime intended or the offense attempted was perpetrated by such person at the time of such assault or in pursuance of such attempt.
Codes, 1857, ch. 64, art. 19; 1880, § 2712; 1892, § 974; 1906, § 1050; Hemingway's 1917, § 778; 1930, § 794; 1942, § 2018.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-1 - Abduction for purposes of marriage

Every person who shall take any person over the age of fourteen (14) years unlawfully, against his or her will, and by force, menace, fraud, deceit, stratagem or duress, compel or induce him or her to marry such person or to marry any other person, or to be defiled, and shall be thereof duly convicted, shall be punished by imprisonment in the penitentiary not less than five (5) years and not more than fifteen (15) years.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (24); 1857, ch. 64, art. 1; 1871, § 2483; 1880, § 2697; 1892, § 949; 1906, § 1025; Hemingway's 1917, § 750; 1930, § 768; 1942, § 1994; Laws, 1980, ch. 356, eff. 4/23/1980.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-2 - Crimes of violence defined

(1)
The following shall be classified as crimes of violence:
(a)
Driving under the influence as provided in Sections
63-11-30(5)
and
63-11-30(12)(d)
;
(b)
Murder and attempted murder as provided in Sections
97-1-7(2)
,
97-3-19
,
97-3-23
and
97-3-25
;
(c)
Aggravated assault as provided in Sections
97-3-7(2)(a) and (b)
and
97-3-7(4)(a)
;
(d)
Manslaughter as provided in Sections
97-3-27
,
97-3-29
,
97-3-31
,
97-3-33
,
97-3-35
,
97-3-39
,
97-3-41
,
97-3-43
,
97-3-45
and
97-3-47
;
(e)
Killing of an unborn child as provided in Sections
97-3-37(2)(a)
and
97-3-37(2)(b)
;
(f)
Kidnapping as provided in Section
97-3-53
;
(g)
Human trafficking as provided in Section
97-3-54.1
;
(h)
Poisoning as provided in Section
97-3-61
;
(i)
Rape as provided in Sections
97-3-65
and
97-3-71
;
(j)
Robbery as provided in Sections
97-3-73
and
97-3-79
;
(k)
Sexual battery as provided in Section
97-3-95
;
(l)
Drive-by shooting or bombing as provided in Section
97-3-109
;
(m)
Carjacking as provided in Section
97-3-117
;
(n)
Felonious neglect, abuse or battery of a child as provided in Section
97-5-39
;
(o)
Burglary of a dwelling as provided in Sections
97-17-23
and
97-17-37
;
(p)
Use of explosives or weapons of mass destruction as provided in Section
97-37-25
;
(q)
Statutory rape as provided in Section
97-3-65(1)
, but this classification is rebuttable on hearing by a judge;
(r)
Exploitation of a child as provided in Section
97-5-33
;
(s)
Gratification of lust as provided in Section
97-5-23
; and
(t)
Shooting into a dwelling as provided in Section
97-37-29
.
(2)
In any felony offense with a maximum sentence of no less than five (5) years, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while not listed in subsection (1) of this section, shall be classified as a crime of violence if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act. No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court.
Added by Laws, 2014, ch. 457, HB 585, 39, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-3 - Abortion; causing abortion or miscarriage

(1)
Any person wilfully and knowingly causing, by means of any instrument, medicine, drug or other means whatever, any woman pregnant with child to abort or miscarry, or attempts to procure or produce an abortion or miscarriage shall be guilty of a felony unless the same were done by a duly licensed, practicing physician:
(a)
Where necessary for the preservation of the mother's life;
(b)
Where pregnancy was caused by rape.
Said person shall, upon conviction, be imprisoned in the State Penitentiary not less than one (1) year nor more than ten (10) years; provided, however, if the death of the mother results therefrom, the person procuring, causing or attempting to procure or cause the illegal abortion or miscarriage shall be guilty of murder.
(2)
No act prohibited in subsection (1) of this section shall be considered exempt under the provisions of paragraph (a) thereof unless performed upon the prior advice in writing, of two (2) reputable licensed physicians.
(3)
The license of any physician or nurse shall be automatically revoked upon conviction under the provisions of this section.
(4)
Nothing in this section shall be construed as conflicting with Section
41-41-73
.
Codes, 1942, § 2223; Laws, 1952, ch. 260, §§ 1-3; Laws, 1966, ch. 358, § 1; Laws, 1997, ch. 350, § 3, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-4 - Failed abortion; unlawful for physician to intentionally allow or cause living child to die; care of living child mandated; penalties

(1)
It shall be unlawful for any physician performing an abortion that results in the delivery of a living child to intentionally allow or cause the child to die.
(2)
If the child is viable, such child shall be immediately provided appropriate medical care and comfort care necessary to sustain life. If the child is not viable, such child shall be provided comfort care. The provision of this section shall include, but not be limited to, a child born with physical or mental handicapping conditions which, in the opinion of the parent, the physician or other persons, diminishes the quality of the child's life, a child born alive during the course of an attempted abortion and a child not wanted by the parent.
(3)
As used in this section the term "child" includes every infant member of the species homo sapiens who is born alive at any stage of development.
(4)
Any person who violates this section shall be guilty of a felony and, upon conviction, be imprisoned for not less than one (1) year nor more than ten (10) years in the State Penitentiary and fined not more than Fifty Thousand Dollars ($50,000.00) but not less than Twenty-five Thousand Dollars ($25,000.00).
Laws, 2004, ch. 436, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-5 - Abortion; advertisement, sale or gift of drugs or instruments

A person who sells, lends, gives away, or in any manner exhibits, or offers to sell, lend, or give away, or has in his possession with intent to sell, lend, or give away, or advertises or offers for sale, loan or distribution any instrument or article, or any drug or medicine, for causing unlawful abortion; or who writes or prints, or causes to be written or printed, a card, circular, pamphlet, advertisement, or notice of any kind, or gives information orally, stating when, where, how, of whom, or by what means such article or medicine can be purchased or obtained, or who manufactures any such article or medicine, is guilty of a misdemeanor, and, on conviction, shall be punished by fine not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00), and by imprisonment in the county jail not exceeding three (3) months.
Codes, 1892, § 1217; 1906, § 1293; Hemingway's 1917, § 1026; 1930, § 1057; 1942, § 2289; Laws, 1970, ch. 344, § 1, eff. 3/4/1970.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-9 - and 97-3-11 - [Repealed]

Repealed by Laws, 1974, ch. 458, § 2, eff. 7/1/1974.
§ 97-3-9. [Codes, 1880, § 2983; 1892, § 968; 1906, § 1044; Hemingway's 1917, § 772; 1930, § 788; 1942, § 2012] § 97-3-11. [Codes, 1880, § 2984; 1892, § 969; 1906, § 1045;Hemingway's 1917, § 773; 1930, § 789; 1942, § 2013]
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-13 - False confinement; sending sane person to psychiatric hospital or institution

Every person or officer who maliciously sends to or confines in a psychiatric hospital or institution or other place, any sane person as a person with mental illness, knowing the person to be sane, shall be guilty of a felony, and, on conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the Penitentiary not more than one (1) year, or in the county jail not more than six (6) months.
Codes, 1892, § 1316; 1906, § 1390; Hemingway's 1917, § 1133; 1930, § 1164; 1942, § 2407; Laws, 2008, ch. 442, § 32, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 3 - CRIMES AGAINST THE PERSON (§§ 97-3-1 — 97-3-NEW-006) › Section 97-3-17 - Homicide; excusable homicide

The killing of any human being by the act, procurement, or omission of another shall be excusable:
(a)
When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent;
(b)
When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation;
(c)
When committed upon any sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (3); 1857, ch. 64, art. 169; 1871, § 2632; 1880, § 2879; 1892, § 1153; 1906, § 1231; Hemingway's 1917, § 961; 1930, § 989; 1942, § 2219; Laws, 1985, ch. 380, eff. 7/1/1985.