Upon conviction for a second or subsequent offense, the person shall be guilty of a felony and punished by a fine of not less than Five Thousand Dollars ($5,000.00), nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than three (3) years, nor more than ten (10) years, or both.
In determining whether an object is paraphernalia, a court shall consider any prior convictions under federal or state law relating to animal fighting, the proximity of the object in time and space to the direct violation of this section, direct or circumstantial evidence of the intent of the person to deliver the object to persons whom he or she knows or should reasonably know intends to use the object to facilitate a violation of this section, oral or written instructions provided with or in the vicinity of the object concerning its use, descriptive materials accompanying the object which explain or depict its use, and any other relevant factors.
Structure Mississippi Code
Chapter 41 - Cruelty to Animals
§ 97-41-1. Living creatures not to be cruelly treated
§ 97-41-5. Carrying creature other than dog or cat in a cruel manner
§ 97-41-7. Confining creatures other than dogs or cats without food or water
§ 97-41-9. Failure of owner or custodian to provide sustenance to creatures other than dogs or cats
§ 97-41-11. Fighting animals or cocks
§ 97-41-13. Penalty for violating certain sections