reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 17 - CRIMES AGAINST PROPERTY (§§ 97-17-1 — 97-17-207) › IN GENERAL (§§ 97-17-1 — 97-17-103) › Section 97-17-103 - Prohibition of recovery for injuries sustained during criminal trespass

(1)
As used in this section:
(a)
"Perpetrator" means a person who has engaged in criminal trespass and includes a person convicted of trespass under applicable state law;
(b)
"Victim" means a person who was the object of another's criminal trespass and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm;
(c)
"Course of criminal conduct" includes the acts or omissions of a victim in resisting criminal conduct;
(d)
"Convicted" includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, an admission to a juvenile delinquency petition, or a disposition as an extended jurisdiction juvenile; and
(e)
"Trespass" means an offense named in Sections
97-17-1
through
97-17-97
, Mississippi Code of 1972, or any attempt to commit any of these offenses. Trespass includes crimes in other states or jurisdictions which would have been within the definition set forth in this subdivision if they had been committed in this state.
(2)
A perpetrator assumes the risk of loss, injury or death resulting from or arising out of a course of criminal trespass, as defined in this section, engaged in by the perpetrator or an accomplice, and the crime victim is immune from and not liable for any civil damages as a result of acts or omissions of the victim.
(3)
Notwithstanding other evidence which the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to the civil action, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.
(4)
In a civil action that is subject to this section, the court shall award reasonable expenses, including attorney's fees and disbursements, to the prevailing party.
(5)
Except to the extent needed to preserve evidence, any civil action in which the defense set forth in subsection (2) is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged trespass.
Laws, 1997, ch. 471, § 2, eff. 3/27/1997.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 17 - CRIMES AGAINST PROPERTY (§§ 97-17-1 — 97-17-207) › DEFENDANT'S LIABILITY FOR VALUE OF PROPERTY DAMAGED, DESTROYED, TAKEN OR CONVERTED [Repealed] (§ 97-17-121) › Section 97-17-121 - through 97-17-127 - [Repealed]

Repealed by Laws, 1978, ch. 400, § 11, eff. 7/1/1978.
Laws, 1977, ch. 403, §§ 1-4.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 17 - CRIMES AGAINST PROPERTY (§§ 97-17-1 — 97-17-207) › LARCENY OF CONSIGNED MOTOR FUEL (§§ 97-17-201 — 97-17-207) › Section 97-17-201 - Definition of consigned motor fuel

As used in Sections
97-17-201
through
97-17-207
, the term "consigned motor fuels" means all grades of gasoline including gasohol or any gasoline blend, any grade of diesel or kerosene and all aviation fuels that are delivered or caused to be delivered by one (1) merchant, hereinafter designated the consignor, to another merchant who deals in goods of that kind for the purpose of sale, hereinafter designated the consignee, and which are not owned by the consignee, but remain the property of the consignor.
Added by Laws, 2019, ch. 428, HB 940,§ 1, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 17 - CRIMES AGAINST PROPERTY (§§ 97-17-1 — 97-17-207) › LARCENY OF CONSIGNED MOTOR FUEL (§§ 97-17-201 — 97-17-207) › Section 97-17-203 - Written consignment agreement required

(1)
There shall be a written agreement between the consignor and the consignee, reflecting not only the consignment agreement between the parties, but that title to the consigned motor fuels and to the proceeds from the sale of the consigned motor fuels is always vested in the consignor and never the consignee.
(2)
Nothing in this section shall be construed to create a new or additional element necessary to prove the commission of theft of property in any degree.
Added by Laws, 2019, ch. 428, HB 940,§ 2, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 17 - CRIMES AGAINST PROPERTY (§§ 97-17-1 — 97-17-207) › LARCENY OF CONSIGNED MOTOR FUEL (§§ 97-17-201 — 97-17-207) › Section 97-17-205 - Taking consigned motor fuels without consent of consignor and in violation of written consignment agreement

It shall be unlawful for any person to take, use, sell or dispose of consigned motor fuels, or the proceeds from the sale of consigned motor fuels, without the consent of the consignor and in violation of the written agreement required in Section
97-17-203
.
Added by Laws, 2019, ch. 428, HB 940,§ 3, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 17 - CRIMES AGAINST PROPERTY (§§ 97-17-1 — 97-17-207) › LARCENY OF CONSIGNED MOTOR FUEL (§§ 97-17-201 — 97-17-207) › Section 97-17-207 - Penalties

A person who violates Sections
97-17-201
through
97-17-207
shall be guilty of larceny of consigned motor fuels and subject to those penalties provided in Section
97-17-41
or
97-17-43
based on value of the property taken.
Added by Laws, 2019, ch. 428, HB 940,§ 4, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-1 - [Repealed]

Repealed by Laws, 1972, ch. 476, § 10, eff. 7/1/1972.
Codes, 1942, § 2153; Laws, 1932, ch. 299; 1948, ch. 403; 1950, ch. 316; 1958, ch. 282; 1970, ch. 342, § 1.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-3 - [Repealed]

Repealed by Laws, 1982, ch. 423, § 27, eff. 3/31/1982.
Codes, 1930, § 925; 1942, § 2154; Laws, 1924, ch. 172; 1981, ch. 471, § 53.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-5 - Citation of Sections 97-19-5 through 97-19-29

Sections
97-19-5
through
97-19-29
shall be known as the "Mississippi Credit Card Crime Law of 1968."
Codes, 1942, § 2148.7-01; Laws, 1968, ch. 345, § 1, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-7 - Credit cards; construction of provisions

Sections
97-19-5
through
97-19-29
shall not be construed so as to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates said sections, unless such provision is inconsistent with the terms of said sections.
Codes, 1942, § 2148.7-13; Laws, 1968, ch. 345, § 13, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-9 - Credit cards; definitions

The following words and phrases as used in Sections
97-19-5
through
97-19-29
shall have the following meanings ascribed to them, unless a different meaning is plainly required by the context:
(a)
"Cardholder" is defined as the person or organization named on the face of a credit card, as defined hereinafter, to whom or for whose benefit the credit card is issued by an issuer.
(b)
"Credit card" is defined as any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder or one authorized by him in obtaining money, goods, property, services or anything else of value on credit or in consideration of an undertaking or guaranty of the issuer of the payment of a check or draft drawn by the cardholder or one authorized by him, and shall include a card issued by a financial institution to be used in operating an automatic unmanned cash dispensing machine.
(c)
"Expired credit card" means a credit card which is no longer valid because the term shown on its face has elapsed.
(d)
"Issuer" is defined as any business organization or financial institution, including but not limited to merchants, state and national banks, and any and all other persons, firms, corporations, trusts, and organizations, or any duly authorized agent thereof, which issues a credit card.
(e)
"Receives" or "receiving" is defined as acquiring possession of or control of or accepting as security for a loan a credit card.
(f)
"Revoked credit card" is defined as a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
(g)
A credit card is "incomplete" if part of the matter other than the signature of the cardholder which an issuer requires to appear on the credit card before it can be used by a cardholder has not been stamped, embossed, imprinted or written on said card.
(h)
A person "falsely makes" a credit card when he makes or draws in whole or in part a device or instrument which purports to be the credit card of a named issuer, but which is not in fact such a credit card because the issuer did not authorize the making or drawing of said card; or when one materially alters a credit card which was validly issued.
(i)
A person "falsely embosses" a credit card when, without the authorization of the named issuer, he completes a credit card by adding any other matter than the signature of the cardholder which an issuer requires to appear on the credit card before it can be used by a cardholder.
Codes, 1942, § 2148.7-02; Laws, 1968, ch. 345, § 2; Laws, 1979, ch. 402, § 1, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-11 - Credit cards; procuring issuance by false statements

Any person who makes or causes to be made either directly or indirectly any false statement in writing with intent that it be relied upon with respect to his identity or that of any other person, firm or corporation, for the purpose of procuring the issuance of a credit card is guilty of a misdemeanor.
Codes, 1942, § 2148.7-03; Laws, 1968, ch. 345, § 3, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-13 - Credit cards; acquisition by theft or artifice; unlawful sales and purchases; receipt of cards issued in another's name

A person who takes a credit card from the person, possession, custody or control of another by acts constituting statutory larceny, common law larceny by trespassory taking, common law larceny by trick, embezzlement, false pretense or extortion, or by any other method known to the criminal law of this state, without the cardholder's consent, or who, with knowledge that a credit card has been so taken, receives the credit card with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder or one authorized by him to receive it is guilty of credit card theft.
A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer violates Sections
97-19-5
to
97-19-29
.
Any person other than the issuer or cardholder or members of his immediate family who, during any consecutive twelve-month period, receives two (2) or more credit cards not issued in his name and which cards he has reason to know were taken or retained under circumstances which constitute credit card theft under this section or a violation of Section
97-19-11
is considered to be in violation of Sections
97-19-5
through
97-19-29
.
Codes, 1942, § 2148.7-04; Laws, 1968, ch. 345, § 4, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-15 - Credit cards; controlling card as security for debt

Any person, who, with intent to defraud the issuer, a person or organization providing money, goods, property, services or anything else of value, or any other person, obtains control of a credit card as security for debt is guilty of a misdemeanor.
Codes, 1942, § 2148.7-05; Laws, 1968, ch. 345, § 5, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-17 - Credit cards; forgery

Every person who, with intent to defraud a purported cardholder, issuer, or a person or organization providing money, goods, property, services or anything else of value, falsely makes or alters or embosses a card purporting to be a credit card or other such credit device is guilty of credit card forgery.
Codes, 1942, § 2148.7-06; Laws, 1968, ch 345, § 6, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-19 - Credit cards; signing with intent to defraud

Any person other than the cardholder or a person authorized by him, who, with intent to defraud the cardholder, issuer, or a person or organization providing money, goods, property, services, or anything else of value, signs a credit card, violates Sections
97-19-5
through
97-19-29
.
Codes, 1942, § 2148.7-07; Laws, 1968, ch. 345, § 7, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-23 - Credit cards; furnishing things of value on forged or unlawfully obtained card; failing to give value represented as given

Any person or any agent of said person who is authorized to furnish money, goods, property, services, or anything else of value upon presentation of a credit card by the cardholder or one authorized by him, who, with intent to defraud the issuer, furnishes money, goods, property, services, or anything of value upon presentation of a credit card which he knows to have been obtained in violation of Sections
97-19-5
through
97-19-29
or a credit card which he knows to be forged, is considered to be in violation of said sections.
Any person or any agent of said person who is authorized by an issuer to furnish money, goods, property, services, or anything else of value upon presentation of a credit card by the cardholder or one authorized by him, who with intent to defraud the issuer or the cardholder, fails to furnish money, goods, property, services, or anything else of value which he represents in writing to the issuer to have been furnished, is guilty of violation of Sections
97-19-5
through
97-19-29
.
Codes, 1942, § 2148.7-09; Laws, 1968, ch. 345, § 9, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-25 - Credit cards; possession of incomplete cards or plates and devices for their reproduction

Any person other than the cardholder or one authorized by him possessing two (2) or more incomplete credit cards, with the intent to complete them without the consent of the issuer or the cardholder, or a person possessing, with knowledge of their character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be credit cards of an issuer who has not in fact consented to the preparation of such credit cards, is guilty of a misdemeanor.
Codes, 1942, § 2148.7-10; Laws, 1968, ch. 345, § 10, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-27 - Credit cards; receipt of things of value in violation of law

Any person who receives money, goods, property, services, or anything else of value obtained in violation of Sections
97-19-5
through
97-19-29
and knowing or believing that it was so obtained violates said sections.
Codes, 1942, § 2148.7-11; Laws, 1968, ch. 345, § 11, eff. 10/7/1968.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-29 - Credit cards; penalty for violation of Sections 97-19-5 through 97-19-29

Except as otherwise provided in Section
97-19-21
, any person who violates any of the provisions of Sections
97-19-5
through
97-19-29
or commits any of the offenses described therein shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00), or to imprisonment for a term not to exceed one (1) year, or both.
Codes, 1942, § 2148.7-12; Laws, 1968, ch. 345, § 12; Laws, 1992, ch. 384, § 2, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-31 - Credit cards; use of credit numbers or other credit device to obtain credit, goods, property or services

(1)
It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property or service, by the use of any false, fictitious, counterfeit or expired telephone number, credit number or other credit device, or by the use of any telephone number, credit number or other credit device of another without the authority of the person to whom such number or device was issued, or by the use of any telephone number, credit number or other credit device in any case where such number or device has been revoked and notice of revocation has been given to the person to whom issued.
(2)
It shall be unlawful for any person to use or to assist another to use a credit number or other credit device in connection with any fraudulent scheme, means or method with intent to defraud the issuer of such credit number or other credit device.
(3)
It shall be unlawful for any person to obtain or attempt to obtain by the use of any false or fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph, or over telephone or telegraph facilities.
(4)
The word "notice" as used in subsection (1) of this section shall be construed to include either notice given in person or notice given in writing to the person to whom the number or device was issued. The sending of a notice in writing personally signed by the issuer or his duly authorized agent or employee by registered or certified mail in the United States mail, duly stamped and addressed to such person at his last address known to the issuer, shall be prima facie evidence that such notice was duly received.
(5)
Any person who violates any provision of subsections (1), (2) or (3) of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or imprisonment for not more than one (1) year, or by both such fine and imprisonment.
Codes, 1942, § 2148.5; Laws, 1960, ch. 248, §§ 1-5; Laws, 1968, ch. 345, § 15; Laws, 1986, ch. 326, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-33 - False personation; personating another to marry, become bail or surety, confess judgment, acknowledge recorded instrument, or act in suit

Every person who shall falsely represent or personate another, and in such assumed character shall marry another, or become bail or surety for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety; or confess any judgment, or acknowledge the execution of any conveyance of real estate, or of any other instrument which by law may be recorded; or do any other act in the course of any suit, proceeding, or prosecution, whereby the person so represented or personated might be made liable in any event to the payment of any debt, damages, costs, or sum of money, or his rights or interests in any manner be affected if the same were legal shall, upon conviction, be punished by imprisonment in the penitentiary for a term not exceeding ten years. An indictment under this section for marrying shall not be found unless on the complaint of the injured party, before cohabitation, after knowledge of the fraud.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(48, 49); 1857, ch. 64, arts. 100, 101; 1871, §§ 2564, 2565; 1880, §§ 2806, 2807; 1892, § 1082; 1906, § 1162; Hemingway's 1917, § 889; 1930, § 915; 1942, § 2145.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-35 - False personation; personating another to receive money or property

Every person who shall falsely represent or personate another, and, in such assumed character, shall receive any money or valuable property of any description, intended to be delivered to the individual so personated, shall, upon conviction, be punished in the same manner and to the same extent as for feloniously stealing the money or property so received.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(50); 1857, ch. 64, art. 102; 1871, § 2566; 1880, § 2808; 1892, § 1083; 1906, § 1163; Hemingway's 1917, § 890; 1930, § 916; 1942, § 2146.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-37 - False personation; masquerading as deaf person

No person in this state shall engage in the business of peddling finger alphabet cards or printed matter stating that the person is deaf or use finger alphabet cards or such printed matter or masquerade as a deaf person in any way as a means of inducement in the sale of merchandise. Any person who peddles finger alphabet cards or such printed matter or uses the same or masquerades as a deaf person in any way as a means of inducement in the sale of merchandise in this state shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed two hundred fifty dollars ($250.00) or imprisoned for a term not to exceed three (3) months, or in the discretion of the court, shall be subject to both such fine and imprisonment.
Codes, 1942, § 2314.5; Laws, 1962, ch. 313, eff. 6/1/1962.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-39 - Obtaining signature or thing of value with intent to defraud

(1)
Every person who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by another false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, or valuable thing, with a value of less than Five Hundred Dollars ($500.00), upon conviction thereof, shall be guilty of a misdemeanor and punished by imprisonment in the county jail not exceeding six (6) months, and by fine not exceeding One Thousand Dollars ($1,000.00).
(2)
Every person, who with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by another false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, or valuable thing, with a value of Five Hundred Dollars ($500.00) or more, upon conviction thereof shall be guilty of a felony and punished by imprisonment in the State Penitentiary not exceeding ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00).
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(53); 1857, ch. 64, art. 105; 1871, § 2569; 1880, § 2811; 1892, § 1086; 1906, § 1166; Hemingway's 1917, § 893; 1930, § 919; 1942, § 2149; Laws, 2003, ch. 499, § 5, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-41 - Obtaining signature or thing of value with intent to defraud; penalty for using false negotiable instrument

If the false token by which any money, personal property, or valuable thing shall be obtained, as specified in Section
97-19-39
, be a promissory note, or other negotiable evidence of debt, purporting to have been issued by or under the authority of any person, banking company, or moneyed corporation not in existence, the person convicted of such cheat shall be punished by imprisonment in the penitentiary not exceeding seven years.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(54); 1857, ch. 64, art. 106; 1871, § 2570; 1880, § 2812; 1892, § 1087; 1906, § 1167; Hemingway's 1917, § 894; 1930, § 920; 1942, § 2150.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-43 - Patriotic and fraternal organizations; unauthorized use of membership buttons, insignia, etc

Any person not being a member of the Confederate Veterans, of the Daughters of the Confederacy, of the Sons of Confederate Veterans, of the Sons of the American Revolution, of the Daughters of the American Revolution, of the Colonial Dames, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Military Order of the Foreign Wars of the United States, or the American Legion, of the American Legion Auxiliary, Veterans of Foreign Wars, Veterans of Foreign Wars Auxiliary, Disabled American Veterans, Disabled American Veterans Auxiliary, American Veterans of World War II, American Veterans of World War II Auxiliary, of the Masons, of the Woodmen of the World, of the Knights of Pythias, or of any other patriotic or fraternal organization, who shall wilfully wear the insignia, distinctive ribbons or membership rosette or button or any imitation thereof, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. Provided however that these emblems may be worn, by consent, by those nearest of kin.
Codes, 1930, § 899; 1942, § 2125; Laws, 1922, ch. 272; Laws, 1948, ch. 507.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-45 - Producing child with intent to intercept inheritance

Every person who shall fraudulently produce an infant, falsely pretending it to have been born of parents whose child would have been entitled to a share of any personal estate, or to inherit any real estate, with the intent of intercepting the inheritance of any such real estate, or the distribution of any such personal property from any person lawfully entitled thereto, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding ten years.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(51); 1857, ch. 64, art. 103; 1871, § 2567; 1880, § 2809; 1892, § 1084; 1906, § 1164; Hemingway's 1917, § 891; 1930, § 917; 1942, § 2147.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-47 - Receiving deposits when bank is insolvent

The officers or employees of any bank or branch bank who shall receive any deposit knowing or having reason to believe that such bank or branch bank is insolvent, and the owners of any bank or branch bank who shall receive any deposit knowing that such bank or branch bank is insolvent, shall be deemed guilty of a felony and punished, upon conviction therefor, by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the state penitentiary for not more than two years, nor less than one year, or by both such fine and imprisonment at the discretion of the court, for each offense.
Codes, 1880, § 2814; 1892, § 1089; 1906, § 1169; Hemingway's 1917, § 896; 1930, § 922; 1942, §§ 2152, 5239; Laws, 1914, ch. 124, § 52; Laws, 1934, ch. 146.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-49 - Registering animal falsely; giving false pedigree

If any person shall, by any false pretense whatever, obtain from any person, club, association, society, or company for improving the breed of cattle, horses, sheep, swine, or goats, or other domestic animal, the registration of any animal in the herd register, or other register of such person, club, association, society, or company, or a transfer of any such registration, and every person who shall knowingly publish or give to any person, club, association, society, or company a false pedigree of any animal, shall be guilty of a misdemeanor, and, on conviction, shall be fined not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or both.
Codes, 1892, § 1090; 1906, § 1170; Hemingway's 1917, § 899; 1930, § 926; 1942, § 2155; Laws, 1888, p. 90.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-51 - Selling property previously sold or encumbered

If any person shall sell, barter, or exchange or mortgage, or give deed of trust on, any property, real or personal, which he had before sold, bartered, or exchanged, or obligated himself to sell, barter, or exchange, or which he had mortgaged, or in any manner encumbered, or on which he knows there is a lien of any kind by contract or by law, without informing the person to whom he so sells, barters, exchanges, or bargains, or mortgages or gives deed of trust on it, of the exact state of the property as affected by said acts or of the lien or incumbrance thereon, he shall be guilty of obtaining under false pretenses whatever he received from the person dealing with him, and shall, on conviction, be punished therefor, as for obtaining goods under false pretenses.
Codes, 1880, § 2813; 1892, § 1088; 1906, § 1168; Hemingway's 1917, § 895; 1930, § 921; 1942, § 2151; Laws, 1900, ch. 96.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-53 - Substituting child to deceive parent or guardian

Every person to whom an infant, under the age of six years, shall be confided for nursing, education, or any other purpose, who shall, with intent to deceive any parent or guardian of such child, substitute and produce to such parent or guardian another child in the place of the one so confided, shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding seven years.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(52); 1857, ch. 64, art. 104; 1871, § 2568; 1880, § 2810; 1892, § 1085; 1906, § 1165; Hemingway's 1917, § 892; 1930, § 918; 1942, § 2148.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-59 - [Repealed]

Repealed by Laws, 1983, ch. 523, §§ 7, 9, eff.1/1/1984.
Codes, 1942, § 2153-03; Laws, 1972, ch. 476, § 3.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-61 - Bad checks, electronically converted check, electronic commercial debit; when notice need not be given

Such notice as is provided for in Section
97-19-57
is dispensed with:
(a)
in the event the situs of the drawee is not in the State of Mississippi;
(b)
if the drawer or payor is not a resident of the State of Mississippi or has left the State of Mississippi at the time such check, draft, order, electronically converted check, or electronic commercial debit is dishonored; or
(c)
if the drawer or payor of such check, draft, order, electronically converted check, or electronic commercial debit did not have an account with the drawee or payor bank of such check, draft, order, electronically converted check, or electronic commercial debit at the time the same was issued or dishonored, or payment of the same is denied because the account was closed at the time the check, draft, order, or electronically converted check, or electronic commercial debit was issued or dishonored.
Codes, 1942, § 2153-04; Laws, 1972, ch. 476, § 4; Laws, 1983, ch. 523, § 3; Laws, 2001, ch. 328, § 2, eff. 7/1/2001.
Amended by Laws, 2015, ch. 323, HB 272, 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-62 - Bad checks, electronically converted checks, electronic commercial debits; evidence of identity of party issuing, uttering or delivering check or party authorized to draw upon named account

(1)
In any prosecution or action under the provisions of Section
97-19-55
, a check, draft, order, or electronically converted check for which the information required in subsections (2) and (3) of this section is available at the time of issuance, utterance or delivery shall constitute prima facie evidence of the identity of the party issuing, uttering or delivering the check, draft, order, or electronically converted check and that such person was a party authorized to draw upon the named account.
(2)
To establish prima facie evidence of the identity of the party presenting such check, draft, order, or electronically converted check, the following information regarding such identity shall be requested by the party receiving such instrument: The presenter's name, residence address and home phone number. Such information may be provided in the following manner:
(a)
The information may be recorded upon the check, draft or order, or electronically converted check itself; or
(b)
The number of a check-cashing identification card issued by the receiving party may be recorded on the check, draft, order, or electronically converted check. Such check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.
(3)
In addition to the information required in subsection (2) of this section, the party receiving the check, draft, order, or electronically converted check shall witness the signature or endorsement of the party presenting such instrument and, as evidence of such, the receiving party shall initial the instrument.
(4)
In any prosecution or action under the provisions of Section
97-19-55
for an electronic commercial debit, the following shall constitute prima facie evidence that the payee was a party authorized to draw upon the named account for the electronic commercial debit:
(i)
the existence of an enforceable written agreement between the payor and the payee whereby the payee agrees to provide a good or service to the payor conditioned and in reliance upon the payor's provision of its account and bank information and agreement to pay for the good or service through an electronic commercial debit, and
(ii)
an invoice, bill of lading, or other business record evidencing the delivery of the good or service by the payee to the payor.
Laws, 1983, ch. 523, § 4, eff. 1/1/1984.
Amended by Laws, 2015, ch. 323, HB 272, 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-63 - Bad checks, electronically converted checks, electronic commercial debits; statement of reason for dishonor

(1)
It shall be the duty of the drawee of any check, draft or other order for the payment of money, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed, or stamped in plain language thereon or attached thereto, the reason for drawee's dishonor or refusal of the same. In all prosecutions under Sections
97-19-55
through
97-19-69
, the introduction in evidence of any unpaid and dishonored check, draft or other order for the payment of money, having the drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the making or uttering of said check, draft or other order for the payment of money and the dishonor thereof, and that the same was properly dishonored for the reasons written, stamped or attached by the drawee on such dishonored check, draft or other such order for the payment of money.
(2)
It shall be the duty of the drawee or the payor's bank in an electronically converted check or electronic commercial debit transaction, before refusing to pay the same to the payee's bank and the payee thereof upon initiation of such a transaction through the ACH Network, to provide such notice for the reason for dishonor or refusal of the same by the payor's bank as would be required by the NACHA Operating Rules Guidelines for the reasons of insufficient funds, account closed, no account or unable to locate account, payment stopped, or uncollected funds. In all prosecutions under Sections
97-19-55
through
97-19-69
, the introduction in evidence of any such notice of an unpaid and dishonored electronically converted check or electronic commercial debit properly given under the NACHA rules with the reason of insufficient funds, account closed, no account or unable to locate account, payment stopped, or uncollected funds shall be prima facie evidence of the dishonor of said electronically converted check or electronic commercial debit for the reasons recorded and noticed pursuant to the NACHA Operating Rules & Guidelines.
(3)
In the case of an electronically converted check, the introduction into evidence of a check payable to the payee and signed by the drawer to authorize the transaction is prima facie evidence of the making or uttering of said electronically converted check for the payment of money.
Codes, 1942, § 2153-05; Laws, 1972, ch. 476, § 5, eff. 7/1/1972.
Amended by Laws, 2015, ch. 323, HB 272, 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-65 - Bad checks, electronically converted checks, electronic commercial debits; each violation constitutes a separate offense

Each making, drawing, issuing, uttering, delivering, or initiation of any such check, draft, order, electronically converted check, or electronic commercial debit as aforesaid shall constitute a separate offense.
Codes, 1942, § 2153-07; Laws, 1972, ch. 476, § 7, eff. 7/1/1972.
Amended by Laws, 2015, ch. 323, HB 272, 6, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-69 - Bad checks, electronically converted checks, electronic commercial debits; non-liability for causing arrest or imprisonment of drawer

In the event of the existence of prima facie evidence of fraudulent intent as defined in Section
97-19-57
and the giving of notice under Section
97-19-57
, if required, any person, firm or corporation causing the arrest of the drawer of such check, draft, order, electronically converted check, or electronic commercial debit shall not be criminally or civilly liable for false arrest or false imprisonment.
Codes, 1942, § 2153-08; Laws, 1972, ch. 476, § 8; Laws, 1983, ch. 523, § 6, eff. 1/1/1984.
Amended by Laws, 2015, ch. 323, HB 272, 8, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-73 - District attorney authorized to assist in recovery and distribution of restitution from persons issuing bad checks; construction of Sections 97-19-73 through 97-19-79

(1)
In addition to such powers and duties as may be otherwise provided by law, the district attorney of each circuit court district in the state is hereby authorized, in his discretion, and in accordance with the provisions of Sections
97-19-73
through
97-19-79
, to assist complainants in the recovery and distribution of restitution from persons accused of violating Section
97-19-55
, Mississippi Code of 1972, relating to the issuance of bad checks, whether conviction for such violation may constitute a misdemeanor or a felony.
(2)
Sections
97-19-73
through
97-19-79
shall not be construed as amending or repealing the provisions of Sections
97-19-55
through
97-19-69
, Mississippi Code of 1972, nor the provisions of any other law prohibiting and prescribing penalties for similar violations, but shall be supplementary and in addition thereto.
Laws, 1988, ch. 551, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-77 - Accounting and distribution of monies received with respect to bad check complaint

(1)
All monies collected by the district attorney from any complainant under subsection (2) of Section
97-19-75
and from any accused as a service charge under subsection (4) of Section
97-19-75
may be expended by the district attorney for any of the purposes authorized for the expenditure of money under Section
25-31-8
, Mississippi Code of 1972 or for any law enforcement related purpose including, but not limited to, the purchase of equipment and supplies and the payment of training costs for any local law enforcement agency within the district attorney's judicial district at the discretion of the district attorney.
(2)
Each district attorney in the state shall establish a clearing account in a state depository of any county within his circuit court district in which shall be deposited all such monies which the district attorney's office shall receive from an accused pursuant to any restitution agreement executed in accordance with the provisions of Section
97-19-75
. The district attorney, or his designee, shall account for all monies deposited in and disbursed from such clearing account and shall be authorized and empowered to draw and issue checks on such account to such persons, in such amounts and at such times as provided for in the restitution agreement executed by the accused.
(3)
If a complainant on whose behalf a restitution agreement has been executed cannot, upon diligent efforts and after a reasonable time be located, all such restitution monies as shall have been collected on his behalf shall escheat to the state and shall be forwarded by the district attorney to the State Treasurer for deposit in the special fund of the State Treasury created under Section
99-19-32
, Mississippi Code of 1972, known as the "Criminal Justice Fund."
(4)
All books, documents, records and transactions relating to the receipt and expenditure of monies under the provisions of Sections
97-19-73
through
97-19-79
shall be subject to audit by the State Auditor in the same manner and in accordance with the same procedure as provided by law for other monies received and expended by the office of the district attorney.
Laws, 1988, ch. 551, § 3; Laws, 1994, ch. 389, § 3, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-79 - District attorney to file court complaint upon failure of accused to make restitution

If, after receiving notice as provided for by subsection (3) of Section
97-19-75
, the accused fails to timely surrender himself to the district attorney as prescribed in the notice or, if having timely surrendered himself, the accused fails to pay the service charge prescribed by subsection (4) of Section
97-19-75
and/or fails to execute or comply with the terms of any restitution agreement executed in accordance with the provisions of Section
97-19-75
, then the district attorney shall file the complaint, along with the arrest warrant, if any, which the district attorney may be holding against the accused, with the municipal court, justice court, county court or circuit court in his district having jurisdiction, and prosecution against the accused may be commenced in accordance with the provisions of Sections
97-19-55
through
97-19-69
, Mississippi Code of 1972, or as otherwise provided by law. If such prosecution is commenced, the court may assess the defendant the service charge payable to the district attorney as provided in Section
97-19-75(4)
, Mississippi Code of 1972.
Laws, 1988, ch. 551, § 4; Laws, 1990, ch. 566, § 2; Laws, 1991, ch. 435, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-81 - Right of lender to add fee to amount of loan when payment on loan made with bad check

When an entity that is authorized by the laws of this state to make loans or grant extensions of credit is paid by check to retire all or a part of a loan or extension of credit, and such check is returned because of insufficient funds, and the lender is charged a fee or service charge as a result of such return, the lender shall be authorized to add the actual amount of such fee or service charge up to a maximum amount of Fifteen Dollars ($15.00) to the principal of the unpaid balance of the loan or extension of credit.
Laws, 1988, ch. 551, § 5, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 97 - CRIMES (§§ 97-1-1 — 97-47-9) › Chapter 19 - FALSE PRETENSES AND CHEATS (§§ 97-19-1 — 97-19-87) › Section 97-19-83 - Fraud by mail or other means of communication

(1)
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money, property or services, or for unlawfully avoiding the payment or loss of money, property or services, or for securing business or personal advantage by means of false or fraudulent pretenses, representations or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, transmits or causes to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across county or state jurisdictional lines, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
(2)
For the purposes of venue under the provisions of this section, any violation of this section may be prosecuted in the county in which the delivery or transmission originated, the county in which the delivery or transmission was made, or the county in which any act in execution or furtherance of the scheme occurred.
(3)
This section shall not prohibit the prosecution under any other criminal statute of the state.
Laws, 1988, ch. 511, § 3, eff. 7/1/1988.
Brought forward by Laws, 2014, ch. 457, HB 585, 75, eff. 7/1/2014.