reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-15 - "Cyberstalking"; penalties

(1)
It is unlawful for a person to:
(a)
Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(b)
Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying or harassing any person.
(c)
Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to threaten, terrify or harass.
(d)
Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(2)
Whoever commits the offense of cyberstalking shall be punished, upon conviction:
(a)
Except as provided herein, the person is guilty of a felony punishable by imprisonment for not more than two (2) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(b)
If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both:
(i)
The offense is in violation of a restraining order and the person has received actual notice of that restraining order or posting the message is in violation of an injunction or preliminary injunction.
(ii)
The offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release or a condition of release on bond pending appeal.
(iii)
The offense results in a credible threat being communicated to the victim, a member of the victim's family, or another individual living in the same household as the victim.
(iv)
The person has been previously convicted of violating this section or a substantially similar law of another state, a political subdivision of another state, or of the United States.
(3)
This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including speech, protest or assembly.
Laws, 2003, ch. 562, § 6, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-17 - Posting of messages through electronic media for purpose of causing injury to any person; penalties

(1)
A person shall not post a message for the purpose of causing injury to any person through the use of any medium of communication, including the Internet or a computer, computer program, computer system or computer network, or other electronic medium of communication without the victim's consent, for the purpose of causing injury to any person.
(2)
A person who violates this section, upon conviction, shall be guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
Laws, 2003, ch. 562, § 7, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-19 - Identity theft

(1)
A person shall not obtain or attempt to obtain personal identity information of another person with the intent to unlawfully use that information for any of the following purposes without that person's authorization:
(a)
To obtain financial credit.
(b)
To purchase or otherwise obtain or lease any real or personal property.
(c)
To obtain employment.
(d)
To obtain access to medical records or information contained in medical records.
(e)
To commit any illegal act.
(2)
(a)
A person who violates this section is guilty of a felony punishable by imprisonment for not less than two (2) nor more than fifteen (15) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection (2), if the violation involves an amount of less than Two Hundred Fifty Dollars ($250.00), a person who violates this section may be found guilty of a misdemeanor punishable by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, in the discretion of the court.
(c)
For purposes of determining the amount of the violation, the value of all goods, property, services and other things of value obtained or attempted to be obtained by the use of an individual's identity information shall be aggregated.
(3)
This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by that person using information obtained in violation of this section.
(4)
This section does not apply to a person who obtains or attempts to obtain personal identity information of another person pursuant to the discovery process of a civil action, an administrative proceeding or an arbitration proceeding.
(5)
Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information to correct inaccuracies or errors in the person's credit report or other identifying information; however, no legal representation shall be afforded such person by the Office of the Attorney General.
(6)
A person convicted under this section or under Section
97-19-85
shall be ordered to pay restitution as provided in Section
99-37-1
et seq., and any legal interest in addition to any other fine or imprisonment which may be imposed.
Laws, 2003, ch. 562, § 8; Laws, 2004, ch. 526, § 1, eff. 7/1/2004.
Brought forward by Laws, 2014, ch. 457, HB 585, 35, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-21 - Jurisdiction for bringing criminal action

(1)
For purposes of bringing a criminal action under this chapter, a person who causes, by any means, the access of a computer, computer system or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system or computer network in each jurisdiction.
(2)
For offenses under Section
97-45-19
or Section
97-19-85
which occur in multiple jurisdictions but which do not involve a computer, computer system or computer network, jurisdiction is deemed to be proper in each jurisdiction where any element of the offense occurred.
Laws, 2003, ch. 562, § 9; Laws, 2004, ch. 526, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-23 - Investigations and prosecutions

Prosecutions for violations under Title 97, Chapter 45, or Section
97-5-33
, may be instituted by the Attorney General, his designee or the district attorney of the district in which the violation occurred, and shall be conducted in the name of the State of Mississippi. In the prosecution of any criminal proceeding in accordance with this subsection by the Attorney General, his designee, and in any proceeding before a grand jury in connection therewith, the Attorney General, or his designee, shall exercise all the powers and perform all the duties which the district attorney would otherwise be authorized or required to exercise or perform. The Attorney General, or his designee, shall have the authority to issue and serve subpoenas in the investigation of any matter which may violate Title 97, Chapter 45, or Section
97-5-33
.
Laws, 2003, ch. 562, § 10, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-27 - Identity theft; victim authorized to expunge record of false charges accrued on account of activities of the perpetrator

Any person whose name or other identification has been used without his consent or authorization by another person, with the use resulting in charges, an arrest record, or a conviction putatively on the record of the person whose name or other identification was appropriated, the person whose name or other identification has been used without his consent or authorization may file a petition for expunction of such charges or arrest record or conviction, or any of them, with any court which has jurisdiction over the matter.
Laws, 2004, ch. 526, § 4, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-29 - Identity theft; Attorney General authorized to issue "Identity Theft Passports" verifying that expunction order has been entered or police report has been filed; access to identity theft information

(1)
A person who has petitioned the court pursuant to Section
97-45-27
to expunge any charges, arrest record or conviction falsely entered against the person as a result of the appropriation of his name or other identifying information may submit to the Attorney General a certified copy of a court order obtained. The Office of the Attorney General may issue an "Identity Theft Passport" verifying that such order has been entered.
(2)
Any person who has filed a police report alleging that the person's name or other identification has been used without the person's consent or authorization by another person may submit a copy of the police report to the Attorney General. The Office of the Attorney General may issue an "Identity Theft Passport" stating that such police report has been submitted.
(3)
The Office of the Attorney General may provide access to identity theft information to law enforcement agencies and individuals who have submitted a police report or court order pursuant to this chapter and any other person or entity as appropriate.
Laws, 2004, ch. 526, § 5, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 45 - COMPUTER CRIMES AND IDENTITY THEFT (§§ 97-45-1 — 97-45-33) › Section 97-45-33 - Online impersonation; penalties

(1)
Nothwithstanding any other provision of law, any person who knowingly and without consent impersonates another actual person through or on an Internet website or by other electronic means for purposes of harming, intimidating, threatening or defrauding another person is guilty of a misdemeanor.
(2)
For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated.
(3)
For purposes of this section, "electronic means" shall include opening an email account or an account or profile on a social networking Internet website in another person's name.
(4)
A violation of this section is punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) and not exceeding One Thousand Dollars ($1,000.00) or by imprisonment for not less than ten (10) days and not more than one (1) year, or both.
(5)
This section shall not preclude prosecution under any other provision of law and shall be considered supplemental thereto.
Laws, 2011, ch. 340, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 47 - MISSISSIPPI UNMANNED AIRCRAFT SYSTEMS PROTECTION ACT OF 2021 (§§ 97-47-1 — 97-47-9) › Section 97-47-1 - Short title

This chapter shall be known and referred to as the "Mississippi Unmanned Aircraft Systems Protection Act of 2021."
Added by Laws, 2021, ch. 403, HB 974,§ 15, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 47 - MISSISSIPPI UNMANNED AIRCRAFT SYSTEMS PROTECTION ACT OF 2021 (§§ 97-47-1 — 97-47-9) › Section 97-47-3 - Definitions

For the purposes of this chapter, unless otherwise specified, the following terms shall have the following meanings:
(a)
"Correctional facility" means any:
(i)
Confinement facility operated or contracted by the Mississippi Department of Corrections;
(ii)
Confinement facility operated or contracted by the Federal Department of Prisons;
(iii)
Municipality or county jail;
(iv)
Confinement facility operated or contracted by the Federal Department of Prisons; or
(v)
Public or private youth detention facility.
(b)
"Critical infrastructure" means any of the following, whether public or private:
(i)
Petroleum refinery or petroleum tank farm;
(ii)
Electrical power generation facility which supports the Mississippi power grid system;
(iii)
Natural gas processing and terminal facility;
(iv)
Military installation owned by the federal or state government; or
(v)
Entity contracted by the Department of Defense or State Military Department to produce defense products.
(c)
"Unmanned aircraft" means an aircraft that is constructed or operated without the possibility of direct human intervention from within or on the aircraft, including every object that is on board or otherwise attached to the aircraft, or carried or operated during flight, regardless of weight. For purposes of this chapter, this term is synonymous with the term "drone."
(d)
"Unmanned aircraft system" means an unmanned aircraft and all associated elements, including, but not limited to, communication links, sensing devices, and components that control the unmanned aircraft.
Added by Laws, 2021, ch. 403, HB 974,§ 16, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 47 - MISSISSIPPI UNMANNED AIRCRAFT SYSTEMS PROTECTION ACT OF 2021 (§§ 97-47-1 — 97-47-9) › Section 97-47-5 - Offense of unlawful use of an unmanned aircraft system

A person commits the offense of unlawful use of an unmanned aircraft system if he or she knowingly:
(a)
Uses an unmanned aircraft system to conduct surveillance of, collect information or data, or photographically or electronically record a critical infrastructure or correctional facility without the prior written consent of the owner, or the owner's designee, of the critical infrastructure or correctional facility; or
(b)
Delivers or attempts to deliver contraband using an unmanned aircraft system on a correctional facility property or adjacent property for the purpose of introducing contraband into a correctional facility.
Added by Laws, 2021, ch. 403, HB 974,§ 17, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 47 - MISSISSIPPI UNMANNED AIRCRAFT SYSTEMS PROTECTION ACT OF 2021 (§§ 97-47-1 — 97-47-9) › Section 97-47-7 - Operation of unmanned aircraft system by law enforcement agency for lawful purpose permitted; operation of unmanned aircraft system by public agency or public contractor permitted under certain circumstances; applicability of chapter

(1)
Nothing in this chapter shall be deemed to prohibit the operation of an unmanned aircraft system by a law enforcement agency for any lawful purpose in this state.
(2)
A public agency or a public contractor, other than a law enforcement agency or contractor, may operate an unmanned aircraft system only if the public agency or contracted entity operates the unmanned aircraft system:
(a)
With the written consent of the owner, or the owner's designee, of the critical infrastructure or correctional facility; and
(b)
In accordance with the rules and regulations adopted by the Federal Aviation Administration.
(3)
This chapter shall not pertain to unmanned aircraft operating under Federal Aviation Administration Certificates of Waiver Authorization.
Added by Laws, 2021, ch. 403, HB 974,§ 18, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 47 - MISSISSIPPI UNMANNED AIRCRAFT SYSTEMS PROTECTION ACT OF 2021 (§§ 97-47-1 — 97-47-9) › Section 97-47-9 - Penalties

(1)
Any person who is convicted under Section
97-47-5(a)
shall be guilty of a misdemeanor, punishable up to one (1) year in prison or a fine not to exceed One Thousand Dollars ($1,000.00) for the first offense or both.
(2)
Any person convicted under Section
97-47-5(b)
shall be guilty of a felony, punishable by a term of no less than three (3) years and no more than fifteen (15) years in the State Penitentiary or a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or both.
Added by Laws, 2021, ch. 403, HB 974,§ 19, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-NEW-001 - [Newly enacted section not yet numbered] [Validity of application for a felony warrant or signature in electronic form - Issuance of electronic felony warrants - No-knock warrants]

(1)
An application for a felony warrant or signature utilized by the judicial branch of state government other than an application for a no-knock warrant shall not be denied legal effect or enforceability solely because it is in electronic form. An application, signature or record in electronic form shall have the full effect of law.
(2)
If a provision of law requires the application for a felony warrant to be in writing, an electronic version of the written record shall satisfy such provision of law.
(3)
If a provision of law requires a signature, an electronic signature satisfies such provision of law.
(4)
An application used to attach a digital signature to a felony warrant or affidavit must have security procedures in place that ensure the authenticity of the digital signature. The application must also be able to keep an electronic record of the warrant or affidavit, including the time and date of when the signature was attached. The application must also include encryption measures to ensure secure access of the application.
(5)
Unless otherwise agreed to by a sender of a warrant application and the judge, an electronic record is received when:
(a)
The record enters an information-processing system that the local court rules have designated and approved for the purpose of receiving electronic applications for warrants and from which the recipient is able to retrieve the electronic record; and
(b)
It is in a form capable of being processed by the system, and in a form that satisfies the provisions of the Mississippi Public Records Act of 1983.
(6)
In an instance where an affidavit is submitted to a judge electronically, the electronic signature of the affiant shall satisfy the constitutional requirement that the testimony of the affiant be made under oath, provided that such signature is made under penalty of perjury and in compliance with subsection (4) of this section. If the requirements of subsection (4) of this section are met, it shall not be necessary for the oath to be made orally for the affidavit to have legal effect.
(7)
An application for a felony warrant or signature made pursuant to this section shall contain a statement that the application is being made for a felony criminal investigation.
(8)
Before an electronic felony warrant shall be issued pursuant to this section, the applicant shall be required to meet with a judge. The meeting required by this subsection may be through the use of video or teleconference devices.
(9)
This section shall not authorize the issuance of no-knock warrants by the use of electronic warrant applications or electronic signatures for the applications.
Added by Laws, 2024, ch. 485, HB 295,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-1 - Applicability of statutes relating to procedure and appeals generally

All statutes of this state relating to practice and procedure and appeals which, prior to the adoption of this Mississippi Code of 1972, were applicable to criminal cases shall continue to be applicable to criminal cases in the same manner and to the same extent as before, notwithstanding the classification and arrangement of such statutes in this code.
[No history available for this section.].
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-3 - Common-law offenses recognized

Every offense not provided for by the statutes of this state shall be indictable as heretofore at common law.
Codes, Hutchinson's 1848, ch. 64, art. 1(48); 1857, ch. 64, art. 355; 1871, § 2862; 1880, § 3097; 1892, § 1452; 1906, § 1525; Hemingway's 1917, § 1287; 1930, § 1312; 1942, § 2560.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-7 - Time limitation on prosecutions; commencement of prosecution

A prosecution may be commenced, within the meaning of Section
99-1-5
by the issuance of a warrant, or by binding over or recognizing the offender to compel his appearance to answer the offense, as well as by indictment or affidavit.
Codes, 1857, ch. 64, art. 248; 1871, § 2767; 1880, § 3003; 1892, § 1343; 1906, § 1415; Hemingway's 1917, § 1171; 1930, § 1195; 1942, § 2438.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-9 - Time limitation on prosecutions; additional year allowed in certain cases

When an indictment shall be lost or destroyed, or quashed or abated, or the judgment thereon arrested or reversed for any defect therein or in the record, or for any matter of form or other cause, not being an acquittal on the merits, the further time of one year from the time when such indictment shall be lost, destroyed, quashed or abated, or the judgment thereon arrested or reversed, shall be allowed for the finding of a new indictment.
Codes, 1857, ch. 64, art. 249; 1871, § 2768; 1880, § 3004; 1892, § 1344; 1906, § 1416; Hemingway's 1917, § 1172; 1930, § 1196; 1942, § 2439.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-11 - Costs of search warrant and certain criminal prosecutions

The person who procures a search warrant, or who charges another with any crime or misdemeanor against his person or property before any court, without reasonable cause, may be required by the court to pay the costs incurred; and judgment may be entered and execution issued therefor.
Codes, 1880, § 3119; 1892, § 888; 1906, § 965; Hemingway's 1917, § 674; 1930, § 681; 1942, § 1592.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-13 - and 99-1-15 - [Repealed]

Repealed by Laws, 1977, ch. 408, § 2, eff. 3/29/1977, and further providing that any funds previously collected under said section shall be paid to the circuit clerk of each county and utilized in accordance with the provisions of this section.
§ 99-1-13. [Codes, 1942, § 1594.5; Laws, 1962, chs. 298, 304; 1964, ch. 321; 1968, ch. 331, § 1; ch. 332, § 1; 1969, Ex Sess, ch. 21, § 1; 1971, ch. 420, § 1; 1972, ch. 442, §§ 1, 2] § 99-1-15. [Codes, 1942, § 1594.7; Laws, 1970, ch. 338, § 1]
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-17 - through 99-1-21 - [Repealed]

Repealed by Laws, 1990, ch. 329 § 12, eff. 10/1/1990.
§ 99-1-17. [Laws, 1983, ch. 545, § 1; 1985, ch. 440, § 7, 1986, ch. 502, § 5] § 99-1-19. [Laws, 1983, ch. 545, § 2; 1986, ch. 502, § 6] § 99-1-21. [Laws, 1983, ch. 545, § 3; 1986, ch. 502, § 7; 1987, ch. 456, § 18]
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-23 - Appearance in court by means of closed circuit television or Web cam

(1)
When the physical appearance in person in court is required of any person who is represented by counsel and held in a place of custody or confinement operated by the state or any of its political subdivisions, upon waiver of any right such person may have to be physically present, such personal appearance may be made by means of closed circuit television or Web cam from the place of custody or confinement, provided that such television or Web cam facilities provide two-way audio-visual communication between the court and the place of custody or confinement and that a full record of such proceedings be made by split-screen imaging and recording of the proceedings in the courtroom and the place of confinement or custody in addition to such other record as may be required, in the following proceedings:
(a)
Initial appearance before a judge on a criminal complaint;
(b)
Waiver of preliminary hearing;
(c)
Arraignment on information or indictment where a plea of not guilty is entered;
(d)
Arraignment on information or indictment where a plea of guilty is entered;
(e)
Any pretrial or post-trial criminal proceeding not allowing the cross-examination of witnesses;
(f)
Sentencing after conviction at trial;
(g)
Sentencing after entry of a plea of guilty; and
(h)
Any civil proceeding other than trial by jury.
(2)
This section shall not prohibit other appearances via closed circuit television or Web cam upon waiver of any right such person held in custody or confinement might have to be physically present.
(3)
Nothing contained in this section shall be construed as establishing a right for any person held in custody to appear on television or Web cam or as requiring that a place of custody shall provide a two-way audio-visual communication system.
(4)
The provisions of this section shall apply to all courts.
Laws, 2001, ch. 316, § 1; Laws, 2008, ch. 394, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-25 - Entrapment; affirmative defense to criminal prosecution; burden of proof

(1)
It is an affirmative defense to a criminal charge that the person was entrapped. To claim entrapment, the person must admit by the person's testimony or other evidence the substantial elements of the offense charged.
(2)
A person who asserts an entrapment defense has the burden of proving each of the following by clear and convincing evidence:
(a)
The idea of committing the offense was initiated by law enforcement officers or their agents rather than by the person.
(b)
The law enforcement officers or their agents urged and induced the person to commit the offense.
(c)
The person was not predisposed to commit the type of offense charged before the law enforcement officers or their agents urged and induced the person to commit the offense.
(3)
A person does not establish entrapment if the person was predisposed to commit the offense and the law enforcement officers or their agents merely provided the person with an opportunity to commit the offense. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity, nor is it entrapment for law enforcement officers or their agents to supply, furnish or sell contraband to an individual where:
(a)
There is a reasonable indication, based on information developed through informants or other means, that the subject is engaging, has engaged, or is likely to engage in illegal activity of a similar type; or
(b)
The opportunity for illegal activity has been structured so that there is reason for believing that persons drawn to the opportunity, or brought to it, are predisposed to engage in the contemplated illegal activity.
(4)
The issue of entrapment shall be tried by the trier of fact. The conduct of law enforcement officers and their agents may be considered in determining if a person has proven entrapment.
Laws, 2005, ch. 463, § 7, eff. 7/1/2005.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-27 - Victim of sex offenses not required to submit to truth telling devices as condition for proceeding with investigation of offense

(1)
No law enforcement officer, prosecutor or other government official shall ask or require an adult, youth or child victim of a sex offense to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of the offense.
(2)
The refusal of a victim to submit to an examination described above shall not prevent the investigation of the offense.
(3)
For purposes of this section, a "sex offense" shall have the meaning ascribed in Section
45-33-23(h)
.
Laws, 2008, ch. 391, § 4, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 1 - GENERAL PROVISIONS; TIME LIMITATIONS; COSTS (§§ 99-NEW-001 — 99-1-29) › Section 99-1-29 - Certain reproduction during discovery of property or material that constitutes child pornography prohibited

(1)
In any criminal proceeding, evidence that constitutes child pornography prohibited under Sections
97-5-31
and
97-5-33
, Mississippi Code of 1972, shall remain in the care, custody, and control of either the prosecution or the court.
(2)
(a)
Notwithstanding Rule 9.04 of the Mississippi Uniform Circuit and County Court Rules, a court shall deny any request by the defendant in a criminal proceeding to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography; however, the prosecution shall be required to make the property or material reasonably available to the defendant.
(b)
For the purposes of this section, property or material shall be deemed to be reasonably available to the defendant if the prosecution provides ample opportunity at a government facility for inspection, viewing, and examination of the property or material by the defendant, the defendant's attorney, and any person the defendant may seek to qualify to furnish expert testimony at trial.
Laws, 2008, ch. 393, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-1 - Who may make arrests

(1)
Arrests for crimes and offenses may be made by the sheriff or his deputy or by any constable or conservator of the peace within his county, or by any marshal or policeman of a city, town or village within the same, or by any United States Marshal or Deputy United States Marshal, or, when in cooperation with local law enforcement officers, by any other federal law enforcement officer who is employed by the United States government, authorized to effect an arrest for a violation of the United States Code, and authorized to carry a firearm in the performance of his duties. Private persons may also make arrests.
(2)
(a)
Any person authorized by a court of law to supervise or monitor a convicted offender who is under an intensive supervision program may arrest the offender when the offender is in violation of the terms or conditions of the intensive supervision program, without having a warrant if:
(i)
The arrest is authorized or ordered by a judge of the court;
(ii)
The person making the arrest has been trained at the Law Enforcement Officers Training Academy established under Section
45-5-1
et seq. or at a course approved by the Board on Law Enforcement Officer Standards and Training; and
(iii)
The judge identifies the person making the arrest in his order and a copy of the order is served upon the person being arrested.
(b)
For the purposes of the subsection, the term "intensive supervision program" means an intensive supervision program of the Department of Corrections as described in Section
47-5-1001
et seq., of any similar program authorized by a court for offenders who are not under jurisdiction of the Department of Corrections.
Codes, 1857, ch. 64, art. 273; 1871, § 2773; 1880, § 3023; 1892, § 1372; 1906, § 1444; Hemingway's 1917, § 1201; 1930, § 1224; 1942, § 2467; Laws, 1987, ch. 390, § 2; Laws, 1993, ch. 547, § 1; Laws, 1995, ch. 604, § 1; Laws, 2000, ch. 555, § 1, eff. 7/2/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-2 - Authorization for federal law enforcement officers to make arrests

Any United States Marshal or Deputy United States Marshal is authorized in the performance of his duties to bear arms, to make arrests and to make searches and seizures. Whenever any other federal law enforcement officer who is employed by the United States government, authorized to effect an arrest for a violation of the United States Code, and authorized to carry a firearm in the performance of his duties is working in cooperation with local law enforcement officers, the agent shall have the authority in the performance of his duties to bear arms, to make arrests and to make searches and seizures. Any right granted under this section in no way relieves the requirements of appropriate affidavit and search warrant from the appropriate jurisdiction and authority pursuant to the laws of this state.
Laws, 1987, ch. 390, § 1; Laws, 1993, ch. 547, § 2; Laws, 1995, ch. 604, § 2, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-3 - Time or place

Arrests for criminal offenses, and to prevent a breach of the peace, or the commission of a crime, may be made at any time or place.
Codes, 1857, ch. 64, art. 275; 1871, § 2775; 1880, § 3025; 1892, § 1374; 1906, § 1446; Hemingway's 1917, § 1203; 1930, § 1226; 1942, § 2469.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-5 - All persons must aid arresting officer when commanded

Every person when commanded to do so by an officer seeking to arrest an offender, must aid and assist in making the arrest, and must obey the commands of the officer in respect thereto.
Codes, 1857, ch. 64, art. 274; 1871, § 2774; 1880, § 3024; 1892, § 1373; 1906, § 1445; Hemingway's 1917, § 1202; 1930, § 1225; 1942, § 2468.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-9 - Arrest of defendants in presence of court without process

After an indictment is returned into court by the grand jury, the court may direct any defendant who has not been arrested to be taken into custody in the presence of the court, without process therefor.
Codes, 1857, ch. 64, art. 261; 1871, § 2798; 1880, § 3009; 1892, § 1350; 1906, § 1422; Hemingway's 1917, § 1178; 1930, § 1202; 1942, § 2445.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-11 - Arresting officer or person may break into house

To make an arrest an officer or private person, after notice of his office and object, if admittance is refused, may break open a window or outer or inner door of any dwelling or house in which he has reason to believe the offender may be found.
Codes, 1857, ch. 64, art. 277; 1871, § 2777; 1880, § 3027; 1892, § 1376; 1906, § 1448; Hemingway's 1917, § 1205; 1930, § 1228; 1942, § 2471.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-13 - Officer may pursue and apprehend offender any place in state; jailing prisoner for safekeeping

If a person commit an offense and be pursued by a sheriff or constable, and escape from the county of the officer, the officer may pursue and apprehend him in any county and take him to the county in which the offense was committed; and in all cases an officer or other person having the lawful custody of a prisoner, passing through any county on his route, may lodge the prisoner in any jail for safekeeping, as circumstances require. In like manner if a person commit an offense within the corporate limits of an incorporated municipality and be pursued by a marshal or any other municipal peace or police officer and shall escape from the municipality, such municipal peace or police officer may pursue and apprehend such offender to places without the corporate limits of the municipality and to any place within the State of Mississippi to which such person may flee and may return such person to the municipality in which such offense was committed.
Codes, 1880, § 3034; 1892, § 1382; 1906, § 1454; Hemingway's 1917, § 1211; 1930, § 1234; 1942, § 2477; Laws, 1948, ch. 434.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-15 - Escaped offender may be pursued and retaken without warrant

If an offender escape or be rescued, the person from whose possession or custody he escaped or was rescued, may immediately pursue and retake him at any time and in any county without warrant.
Codes, 1857, ch. 64, art. 278; 1871, § 2778; 1880, § 3028; 1892, § 1377; 1906, § 1449; Hemingway's 1917, § 1206; 1930, § 1229; 1942, § 2472.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-17 - Offender must be taken before proper officer without delay

Every person making an arrest shall take the offender before the proper officer without unnecessary delay for examination of his case, except as otherwise provided in Section
99-3-18
.
Codes, 1857, ch. 64, art. 279; 1871, § 2779; 1880, § 3029; 1892, § 1378; 1906, § 1450; Hemingway's 1917, § 1207; 1930, § 1230; 1942, § 2473; Laws, 1980, ch. 446, § 2, eff. 7/1/1980.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-19 - Warrant good across county line

When a person accused of any offense removes or escapes to another county, a warrant issued by a justice of the peace in the county in which the offense was committed shall authorize the arrest of such offender, and his removal to the county in which the offense was committed or is triable.
Codes, 1857, ch. 64, art. 333; 1871, § 2826; 1880, § 3032; 1892, § 1380; 1906, § 1452; Hemingway's 1917, § 1209; 1930, § 1232; 1942, § 2475.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-21 - Justice of the peace may issue warrant for offender coming into his jurisdiction

A justice of the peace of any county into which an offender may have removed himself or escaped, on the oath of some credible person, may issue his warrant for the arrest of such offender, returnable before any justice of the peace of the county where the offense is cognizable, which shall authorize the arrest and removal of such offender to the proper county for examination.
Codes, 1857, ch. 64, art. 335; 1871, § 2828; 1880, § 3033; 1892, § 1381; 1906, § 1453; Hemingway's 1917, § 1210; 1930, § 1233; 1942, § 2476.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-23 - No liability for legal arrest

Officers and others who make arrests as authorized or required by law, shall not be liable on account thereof, civilly or criminally, notwithstanding it may appear that the party arrested was innocent of any offense.
Codes, 1857, ch. 64, art. 280; 1871, § 2780; 1880, § 3030; 1892, § 1379; 1906, § 1451; Hemingway's 1917, § 1208; 1930, § 1231; 1942, § 2474.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-25 - Duty of officers to arrest gamblers, bucket-shop operators and futures dealers

It shall be the duty of the sheriff, justices, constables, and all other civil officers of the county, and of every police officer of any city, town or village, when they know or have reason to suspect any person to be guilty of a violation of the provisions of law in reference to gambling or gaming, or operating a bucket-shop or any business dealing in contracts commonly called "futures," to apprehend such person, and bring him before some officer having jurisdiction thereof, and to appear and prosecute such offender.
Codes, Hutchinson's 1848, ch. 64, art. 11(4); 1857, ch. 64, art. 149; 1871, § 2612; 1880, § 2858; 1892, § 1383; 1906, 1455; Hemingway's 1917, § 1212; 1930, § 1235; 1942, § 2478; Laws, 1950, ch. 344.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-27 - Tramps; arrest by any person; proceedings

Any person may arrest a tramp and take him before a justice of the peace, who shall at once take the affidavit of such person charging the offense, and shall then try the accused for being a tramp, and deal with him accordingly, if found guilty.
Codes, 1880, § 2962; 1892, § 1311; 1906, § 1385; Hemingway's 1917, § 1128; 1930, § 1158; 1942, § 2395.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-29 - Perjury; court may commit wilful perjurer to prison immediately

Whenever it shall appear to any court that a witness or party who has been sworn or examined in any case, matter, or proceeding pending before the court, has testified in such manner as to induce a reasonable presumption that he has wilfully and corruptly testified falsely to some material point or matter, the court may immediately commit such party or witness, by an order of process for that purpose, to prison, to take bond or recognizance with sureties for his appearing and answering to an indictment for perjury.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 5(5); 1857, ch. 64, art. 207; 1871, § 2663; 1880, § 2924; 1892, § 1384; 1906, § 1456; Hemingway's 1917, § 1213; 1930, § 1236; 1942, § 2479.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-31 - Perjury; witnesses to be bound over for grand jury and trial

When a person has been committed to custody under Section
99-3-29
the court shall thereupon bind over the witnesses necessary to establish the perjury to appear at the proper court to testify before the grand jury and on the trial, in case an indictment be found for such perjury.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 5(6); 1857, ch. 64, art. 208; 1871, § 2664; 1880, § 2925; 1892, § 1385; 1906, § 1457; Hemingway's 1917, § 1214; 1930, § 1237; 1942, § 2480.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-33 - Perjury; court may detain documents

If, on the hearing of any cause, matter or proceeding in which perjury shall be suspected to have been committed, any paper or document produced by either party be deemed necessary to be used in the prosecution for perjury, the court may by order detain the paper or document from the party producing it, and direct that it be delivered to the district attorney.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 5(7); 1857, ch. 64, art. 209; 1871, § 2665; 1880, § 2926; 1892, § 1386; 1906, § 1458; Hemingway's 1917, § 1215; 1930, § 1238; 1942, § 2481.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-35 - Reward for arrest and delivery of fleeing killer

A person who shall arrest anyone who kills another and is fleeing, or attempting to flee, before arrest, and shall deliver him up for trial, shall be entitled to the sum of one hundred dollars out of the treasury of the county in which the homicide occurred, upon the allowance of the circuit court and the board of supervisors of the county in the manner provided by law.
Codes, 1857, ch. 64, art. 286; 1871, § 2786; 1880, § 3035; 1892, § 1387; 1906, § 1459; Hemingway's 1917, § 1216; 1930, § 1239; 1942, § 2482; Laws, 1910, ch. 187.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-37 - Reward for arrest and delivery of fleeing killer; sheriff and other officers may receive

The sheriff or other officers who shall arrest anyone who kills another and is fleeing, or attempting to flee, shall be entitled to the reward provided for in Section
99-3-35
the same as other persons, provided the killing is not done in the county in which the officer making the arrest resides. But the court adjudging such award to be due may, in its discretion, order the reward to be divided equally between the officer making the arrest and any person or persons, giving him information leading to such arrest.
Codes, Hemingway's 1917, § 1217; 1930, § 1240; 1942, § 2483; Laws, 1910, ch. 187.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 3 - ARRESTS (§§ 99-3-1 — 99-3-45) › Section 99-3-39 - Rewards for information may be offered by counties and municipalities

(1)
Boards of supervisors of the various counties of this state and the governing authorities of the municipalities, may either separately or in conjunction with each other, within their discretion, offer monetary rewards, the amount of which shall be fixed by the aforesaid governing authorities, within their discretion, for information leading to the apprehension of any person subsequently convicted of any crime or misdemeanor committed within this state; information regarding the whereabouts of missing persons; the ascertaining or divulging of any information necessary or helpful for the governing or the tranquility of any municipality or county of this state or for any like purpose, provided said reward shall not exceed the sum of Fifteen Thousand Dollars ($15,000.00) and provided further, that said reward shall not be paid to any law enforcement officer or any employee of the governing authority offering such reward or any member of the immediate family of either.
(2)
The aforesaid rewards may be paid from the general fund of the respective counties or municipalities.
Codes, 1942, § 2482.5; Laws, 1966, ch. 313, §§ 1, 2; Laws, 1970, ch. 345, §§ 1, 2; Laws, 2007, ch. 513, § 1, eff. 7/1/2007.