Mississippi Code
Title 99 - Criminal Procedure

§ 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...

§ 99-3-15. Escaped offender may be pursued and retaken without warrant - If an offender escape or be rescued, the person from...

§ 99-3-17. Offender must be taken before proper officer without delay - Every person making an arrest shall take the offender before...

§ 99-3-19. Warrant good across county line - When a person accused of any offense removes or escapes...

§ 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...

§ 99-3-23. No liability for legal arrest - Officers and others who make arrests as authorized or required...

§ 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,...

§ 99-3-27. Tramps; arrest by any person; proceedings - Any person may arrest a tramp and take him before...

§ 99-3-29. Perjury; court may commit wilful perjurer to prison immediately - Whenever it shall appear to any court that a witness...

§ 99-3-31. Perjury; witnesses to be bound over for grand jury and trial - When a person has been committed to custody under Section...

§ 99-3-33. Perjury; court may detain documents - If, on the hearing of any cause, matter or proceeding...

§ 99-3-35. Reward for arrest and delivery of fleeing killer - A person who shall arrest anyone who kills another and...

§ 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...

§ 99-3-45. Requisite notice to be given to persons under the age of twenty-one released following arrest under certain circumstances - A person under the age of twenty-one (21) who is...

Chapter 5 - Bail

§ 99-5-1. Form of bail; professional and soliciting bail agents to provide certain additional information; penalties - Bail may be taken in the following form, viz: "State...

§ 99-5-3. Form of bail; taken in open court by entry on minutes - Bail taken in open court may be entered on the...

§ 99-5-5. Bonds to be made payable to state; effect; expiration and renewal - All bonds and recognizances taken for the appearance of any...

§ 99-5-7. Fidelity or surety insurance company may give bail - Bail may be given to the sheriff or officer holding...

§ 99-5-13. Court may make adjustments to excessive or insufficient bail - When it shall appear to the committing court or the...

§ 99-5-15. Duty of officer to release defendant from custody; approval of sureties - It is the duty of the sheriff or other officer...

§ 99-5-17. Sheriff to return bail-bond to clerk - It is the duty of the sheriff taking a bail-bond...

§ 99-5-19. Person who takes insufficient bail-bond, etc., to stand special bail - If any person, except a properly authorized judge, authorized to...

§ 99-5-21. Bond good though it does not describe offense - All bonds and recognizances taken in criminal cases, whether they...

§ 99-5-23. Bonds, recognizances, etc., to be valid and binding whether or not properly taken or recited in return of officer - All bonds, recognizances, or acknowledgments of indebtedness, conditioned for the...

§ 99-5-29. Surety may cause arrest of principal by officer - The sheriff or a constable in a proper case, upon...

§ 99-5-31. Mittimus in bailable cases to fix the bail - When a defendant charged with a criminal offense shall be...

§ 99-5-33. Accused committed to prison if injured party is dangerously wounded - If a person be dangerously wounded the party accused shall...

§ 99-5-35. When prisoner charged with capital offense entitled to bail - Any person having been twice tried on an indictment charging...

Chapter 7 - Indictment

§ 99-7-1. Indictment may charge offenses according to common law or statute - Offenses at common law, indictable and punishable by special statutory...

§ 99-7-3. Formal or technical words not necessary - The words "force and arms" or the words "contrary to...

§ 99-7-5. Allegations of time; want of perfect venue - An indictment for any offense shall not be insufficient for...

§ 99-7-7. How instruments pleaded - Whenever it shall be necessary to make an averment in...

§ 99-7-9. Presentment; entry on minutes of court; warrant to issue; copy of indictment to be served on defendant; informing victim as to status of charge - All indictments and the report of the grand jury must...

§ 99-7-11. Concurrence of twelve grand jurors required for finding - The concurrence of twelve of the grand jurors shall be...

§ 99-7-13. Secret record book; accused may be tried on copy made from record book - The clerk of the circuit court shall, within ten days...

§ 99-7-15. Authority to inspect indictment limited to certain officers until arrest made - An indictment returned into the clerk of the circuit court,...

§ 99-7-17. Dilatory pleas; must be verified by oath - A plea in abatement, or other dilatory plea to an...

§ 99-7-19. Dilatory pleas; amendment of indictment or information - An indictment or information shall not be abated by reason...

§ 99-7-21. Demurrers; when filed; amendment of indictment - All objections to an indictment for a defect appearing on...

§ 99-7-23. Motions to quash - All objections to an indictment for any defect dehors the...

§ 99-7-25. Amendment where name of unknown defendant is discovered - If any indictment describes a defendant as a person whose...

§ 99-7-27. Gambling or gaming - In an indictment for gambling or gaming it shall be...

§ 99-7-29. Intoxicating beverage offenses - An indictment for a violation of any of the provisions...

§ 99-7-33. Libel - An indictment for libel need not set forth any extrinsic...

§ 99-7-35. Lotteries - An indictment for any of the crimes defined in Sections...

§ 99-7-39. Perjury - In an indictment for perjury it shall be sufficient to...

§ 99-7-41. Perjury; subornation of perjury - In an indictment for subornation of perjury it shall be...

Chapter 9 - Process

§ 99-9-1. Capias or alias issued for arrest on indictment - The process for arrest on an indictment shall be a...

§ 99-9-3. Corporations; summons issued on indictment; execution on judgment - When an indictment shall be found against a corporation, a...

§ 99-9-5. Corporations; summons issued to other counties - If the summons be returned not executed, and the officer...

§ 99-9-7. Corporations; order to appear mailed and published if corporation not found; appearance and plea entered; execution - If it be made known to the court, by affidavit...

§ 99-9-9. Corporations; proceeding before justice of the peace - Process and proceedings like those described in Sections 99-9-3 through...

§ 99-9-11. Subpoenas for witnesses - The first process, in all criminal causes, and in all...

§ 99-9-13. Issuance of subpoena for witness to give deposition for use in another state - Any commissioner or other person appointed, or to whom a...

§ 99-9-15. Subpoena to compel attendance of witness from nearby county during term - If, during the session of any circuit court, there shall...

§ 99-9-17. Service of subpoena - Subpoenas shall be served personally as a summons is required...

§ 99-9-19. Attachment for non-appearing subpoenaed witness - If any person subpoenaed as a witness shall fail to...

§ 99-9-21. Subpoenaed witness to attend until discharged; scire facias for defaulters - Every witness subpoenaed in any criminal case, shall attend, from...

§ 99-9-23. Witness subpoenaed in vacation to appear before grand jury - Any district attorney or conservator of the peace may apply...

§ 99-9-25. Attachment of subpoenaed witnesses failing to appear before grand jury - In all cases where process to bring witnesses before the...

§ 99-9-27. Uniform witness attendance law; short title - Sections 99-9-27 through 99-9-35 may be cited as "uniform law...

§ 99-9-29. Definitions - "Witness" as used in Sections 99-9-27 through 99-9-35 shall include...

§ 99-9-31. Summoning witnesses in this state to testify in another state - If a judge of a court of record in any...

§ 99-9-33. Witness from another state summoned to testify in this state - If a person in any state, which by its laws...

§ 99-9-35. Exemption from arrest and service of process - If a person comes into this state in obedience to...

§ 99-9-37. Uniformity of interpretation - Sections 99-9-27 to 99-9-35 shall be so interpreted and construed...

Chapter 11 - Jurisdiction and Venue

§ 99-11-1. Jurisdiction of crimes generally - The several courts of justice organized under the constitution and...

§ 99-11-5. Extent of criminal jurisdiction of State of Mississippi - The criminal jurisdiction of the State of Mississippi is hereby...

§ 99-11-7. Concurrent jurisdiction with Arkansas - The State of Mississippi, and her sister state, Arkansas, have...

§ 99-11-9. Jurisdiction of paternity proceedings - The circuit court of the county in which an illegitimate...

§ 99-11-11. Embezzlement - When an embezzlement is committed it may be prosecuted in...

§ 99-11-13. Kidnapping - Every person who shall be accused of kidnapping may be...

§ 99-11-15. Offenses commenced out of and consummated in state - Where an offense is commenced out of this state and...

§ 99-11-17. Offenses commenced in and consummated out of state - Where an offense is commenced in this state and consummated...

§ 99-11-19. Offenses committed partly in one county and partly in another - When an offense is committed partly in one county and...

§ 99-11-21. Occurrence in one jurisdiction causing death in another - Where the mortal stroke or other cause of death occurs...

§ 99-11-23. Stolen property carried into state or carried from one county to another - Where property is stolen in another state or country and...

§ 99-11-25. Aiding, encouraging or causing commission of crime within state by person while out of state - A person who being out of this state causes, aids,...

§ 99-11-27. Former acquittal or conviction in another jurisdiction - Every person charged with an offense committed in another state,...

§ 99-11-29. Acquittal for variance between indictment and proof or on exception to form - Where a defendant is acquitted of a criminal charge upon...

§ 99-11-31. Acquittal on the merits - When a defendant is acquitted on the merits of his...

§ 99-11-33. Acquittal or conviction by justice of the peace for misdemeanor not to bar prosecution for felony - The acquittal or conviction of a person by a justice...

§ 99-11-35. No acquittal for defects of form - A person shall not be acquitted or discharged in a...

Chapter 13 - Insanity Proceedings

§ 99-13-1. Definition of "person with an intellectual disability." - The term "person with an intellectual disability," within the meaning...

§ 99-13-3. Disposition of offender who is insane or a person with an intellectual disability brought before conservator of the peace - When any prisoner or any person charged with a crime...

§ 99-13-5. Disposition of an accused who grand jury has found to be insane or a person with an intellectual disability - When any person is held in prison or on bail,...

§ 99-13-9. Acquittal on the ground of having an intellectual disability - When any person is indicted for an offense and acquitted...

§ 99-13-11. Mental examination of person charged with felony; cost - In any criminal action in which the mental competency of...

Chapter 15 - Pretrial Proceedings

In General

§ 99-15-1. Conservators of peace; defined - The judges of the Supreme, circuit and chancery courts and...

§ 99-15-3. Conservators of peace; power to take bonds and recognizances; forfeiture - Any conservator of the peace has power to take all...

§ 99-15-5. Conservators of the peace; arrest and commitment of offenders - Any conservator of the peace may, upon a finding of...

§ 99-15-7. Conservators of the peace; prosecutor and witnesses may be required to give bond - The conservator of the peace may require the prosecutor and...

§ 99-15-9. Conservators of the peace; subpoenas - A conservator of the peace, in all examinations had before...

§ 99-15-11. Conservators of the peace; search warrant for stolen property - Any conservator of the peace, on the affidavit of a...

§ 99-15-15. Appointment of counsel for indigents - When any person shall be charged with a felony, misdemeanor...

§ 99-15-17. Compensation of counsel; amount - The compensation for counsel for indigents appointed as provided in...

§ 99-15-19. Compensation of counsel; reimbursement of county in certain cases - Any county paying counsel fees and expenses incurred on appeal...

§ 99-15-21. Compensation of counsel; method of payment - All compensation and reimbursements allowed by the judge shall be...

§ 99-15-23. Plea entered when defendant stands mute - If the defendant, on arraignment, refuses or neglects to plead,...

§ 99-15-24. Where to make motions or enter guilty pleas - In criminal cases in circuit courts, unless otherwise provided by...

§ 99-15-27. Copy of indictment and special venire to be given defendant in capital cases - Any person indicted for a capital crime shall, if demanded...

§ 99-15-28. Accused entitled to copy of affidavit or indictment without cost - Any person alleged to have committed a criminal offense in...

§ 99-15-29. Continuance; application - On all applications for a continuance the party shall set...

§ 99-15-31. Continuance; capital cases - Application for continuance in capital cases shall not be entertained...

§ 99-15-33. Continuance; admission of facts in absence of witness - In all cases of application for continuance, it shall be...

§ 99-15-35. Change of venue; how need shown; grounds - On satisfactory showing, in writing, sworn to by the prisoner,...

§ 99-15-37. Change of venue; transfer of records to removal court - Upon the order being made changing the venue in a...

§ 99-15-39. Change of venue; defendant to be tried on copy of indictment; specific objections to defects in transcript required - The defendant, on a change of venue, shall be tried...

§ 99-15-41. Change of venue; correcting errors in record - On suggestion to the court, with satisfactory showing, it may...

§ 99-15-43. Change of venue; capital cases - In capital cases the application for change of venue must...

§ 99-15-45. Change of venue; costs paid by county from which venue is changed - The county from which the venue is changed shall pay...

§ 99-15-47. Joint indictments; severance in felonies - Any of several persons jointly indicted for a felony may...

§ 99-15-49. Joint indictments; severance in misdemeanors - Persons jointly indicted for misdemeanors may be tried jointly or...

§ 99-15-51. Dismissal of petty misdemeanor charge upon satisfaction of injured party - In prosecutions for petty misdemeanors, if the party injured appear...

§ 99-15-53. Prosecutions not compromised or nol prossed without consent of court, or dismissed, except at defendant's cost - A district attorney, or other prosecuting attorney, shall not compromise...

§ 99-15-55. Trial where it appears that accused is only guilty of misdemeanor - If, on the examination into the case of any person...

§ 99-15-59. Expunction of misdemeanor charges - Any person who is arrested, issued a citation, or held...

Pretrial Intervention Program

§ 99-15-101. Citation of Sections 99-15-101 through 99-15-127 - Sections 99-15-101 through 99-15-127 shall be known and may be...

§ 99-15-103. Definitions - For purposes of Sections 99-15-101 through 99-15-127, the following words...

§ 99-15-107. Ineligibility for intervention - A person shall not be considered for intervention if he...

§ 99-15-111. Information required from offender prior to admittance into program - Prior to admittance of an offender into an intervention program,...

§ 99-15-113. Recommendations of victim and law enforcement agency as to offender's admittance into program - Prior to any person's admittance to a pretrial intervention program...

§ 99-15-115. Waiver and agreements required of offender who enters program - An offender who enters an intervention program shall: Waive, in...

§ 99-15-117. Agreement between district attorney and offender outlining terms of program; approval by court - In any case in which an offender agrees to an...

§ 99-15-119. Written reports retained for all offenders accepted into program; information furnished to Mississippi Justice Information Center - In all cases where an offender is accepted for intervention...

§ 99-15-121. Restitution required prior to completion of program - Prior to the completion of the pretrial intervention program the...

§ 99-15-125. Law enforcement officer precluded from referring to program as inducement to any statement, confession or waiver by offender; exception - No law enforcement officer shall refer to, mention and/or offer...

§ 99-15-127. Department of Corrections, Division of Community Corrections to support program - The Department of Corrections, Division of Community Corrections, is directed...

Chapter 17 - Trial

§ 99-17-1. Indictments to be tried within 270 days of arraignment - Unless good cause be shown, and a continuance duly granted...

§ 99-17-3. Peremptory challenges; number allowed - In capital cases the defendant and the state shall each...

§ 99-17-5. Peremptory challenges; joint defendant must agree - Defendants tried jointly must agree in their challenges made without...

§ 99-17-7. Interpreters - In criminal cases wherein the defendant has been declared indigent,...

§ 99-17-9. Trial in the absence of accused - In criminal cases the presence of the prisoner may be...

§ 99-17-11. Only two counsel to a side heard - Only two counsel for the state, one of whom shall...

§ 99-17-13. Variance between indictment and proof; amendment of record and indictment; continuance - Whenever, on the trial of an indictment for any offense,...

§ 99-17-15. Variance between indictment and proof; amendment of record and indictment; order for amendment - The order of the court for amendment of the indictment,...

§ 99-17-17. Joint defendants are competent witnesses for one another in separate trials - Where parties jointly indicted are tried separately, the party not...

§ 99-17-19. Assaults; insulting words admissible - In all trials for assault and battery, or for an...

§ 99-17-20. Capital murder or other crimes punishable by death - No person shall be tried for capital murder, or any...

§ 99-17-21. Bribery; certain proof not necessary - Upon the trial of an indictment for bribery, it shall...

§ 99-17-23. Dueling; offender compelled to testify against another - If any person offend against any of the provisions of...

§ 99-17-25. Gambling and futures contracts; state not confined to proof of single violation - On the trial of all indictments for gambling or gaming...

§ 99-17-27. Gambling and futures contracts; witness compelled to testify; immunity granted; penalty for refusing - No person shall be excused from attending and testifying before...

§ 99-17-29. Lotteries; purchaser of ticket compelled to testify against seller - The purchaser of any lottery ticket, or device in the...

§ 99-17-31. Offenses affecting legislature; witness denied privilege against self-incrimination - Upon the trial of a person charged with any of...

§ 99-17-33. Perjury; no variance between "sworn" and "affirmed." - In prosecutions for perjury, where the indictment charges that the...

§ 99-17-35. Instructions to jury - The judge in any criminal cause, shall not sum up...

§ 99-17-37. Papers may be carried out by jury - All papers read in evidence on the trial of any...

§ 99-17-39. Bills of exceptions; duty of judge to sign - On the trial of prosecutions for any crime or misdemeanor,...

§ 99-17-41. Bills of exceptions; when tendered and signed; incapacity of judge - Bills of exceptions to any ruling of the court, made...

§ 99-17-43. Bills of exceptions; attorneys may sign if judge refuses - If the judge shall refuse to sign a bill of...

§ 99-17-45. Bills of exception; amendment - Bills of exception, with the approval of the trial judge,...

§ 99-17-47. New trials; terms directed by court; number limited - Every new trial granted shall be on such terms as...

§ 99-17-49. New trials; grant or refusal assignable for error - When a motion for a new trial shall be granted...

Chapter 18 - Office of State Public Defender

§ 99-18-3. Capital Defense Counsel Division created; personnel; appointment to office; qualifications; removal - There is hereby created the Capital Defense Counsel Division within...

§ 99-18-5. Purpose of Capital Defense Counsel Division - The Capital Defense Counsel Division is created within the Office...

§ 99-18-7. Duties of division; attorneys appointed to office to be full time - The Capital Defense Counsel Division shall limit its activities to...

§ 99-18-9. Compensation - The Capital Defense Director appointed under this chapter shall be...

§ 99-18-11. Office hours of operation - The Capital Defense Counsel Division shall be open Monday through...

§ 99-18-15. Director to keep a docket of all indicted death eligible cases in Mississippi - The Capital Defense Director shall keep a docket of all...

Chapter 19 - Judgment, Sentence, and Execution

In General

§ 99-19-1. Change of law not to affect prosecution or punishment of crime committed prior to change - No statutory change of any law affecting a crime or...

§ 99-19-7. Verdict as to some, disagreement as to other defendants - On the trial of two or more persons jointly indicted,...

§ 99-19-9. No special form of verdict required - No special form of verdict is required, and where there...

§ 99-19-11. Verdict may be reformed at the bar if informal or defective - If the verdict is informal or defective the court may...

§ 99-19-15. Sentence; felon under age sixteen - When the court shall be satisfied that a person who...

§ 99-19-18. Mandatory minimum sentence for embezzlement or other unlawful conversion of public funds - When any person is convicted of a felony or felonies...

§ 99-19-20. Sentence; imposition of fine; payment; imprisonment for nonpayment; indigent defendants - This subsection shall be limited as follows:

§ 99-19-23. Sentence; credit for time of prisoner's pre-trial or pre-appeal confinement - The number of days spent by a prisoner in incarceration...

§ 99-19-25. Sentence; circuit and county judges and justice courts may suspend in misdemeanor cases; suspension of sentence or execution of sentence subsequent to original sentencing authorized under certain circumstances - The circuit courts and the county courts, in misdemeanor cases,...

§ 99-19-27. Convicts who violate terms of suspended sentence or parole are subject to arrest - Every convicted offender of a criminal law who receives a...

§ 99-19-29. Vacation of suspended sentence and annulment of conditional pardon for violation of terms - Whenever any court granting a suspended sentence, or the governor...

§ 99-19-31. Penalty where none fixed elsewhere by statute - Offenses for which a penalty is not provided elsewhere by...

§ 99-19-33. Where penalty modified milder penalty may be imposed - If any statute shall provide a punishment of the same...

§ 99-19-35. Person convicted of certain crimes not to practice medicine or dentistry, or hold office - A person convicted of bribery, burglary, theft, arson, obtaining money...

§ 99-19-39. Detention of convict pending appeal - If the defendant appeal from the conviction and be not...

§ 99-19-41. Delivery of appellant to county where supreme court is held - When any person shall be convicted of an offense and...

§ 99-19-42. Post-conviction proceeding; time for hearing and return to Department of Corrections - Any offender in the custody of the Department of Corrections...

§ 99-19-43. Duty of judge when convict sentenced to penitentiary - It shall be the duty of the judge, when any...

§ 99-19-45. Commitment to penitentiary; duties of clerks of circuit court; fees - The clerks of the circuit court of the counties in...

§ 99-19-47. Commitment to penitentiary; form - The following form, to be furnished by the county, shall...

§ 99-19-48. Placement of person on probation; form for report - The following form, to be furnished by the county, shall...

§ 99-19-53. Execution of death sentence; state executioner - The state executioner, or his duly authorized representative, shall supervise...

§ 99-19-61. Cost of trial and/or execution of one committing crime within confines of penitentiary, or of inmate committing crime outside bounds of penitentiary - The commissioner of corrections is hereby authorized and empowered to...

§ 99-19-65. Collection of fines, penalties, and list reported - The clerk of the circuit court shall, immediately after the...

§ 99-19-67. Remedy against officer, in reference to fines - If any sheriff or other officer shall return on any...

§ 99-19-69. Liability of officers for default as to fines - Clerks, sheriffs, and other officers shall be liable to the...

§ 99-19-71. Expunction of misdemeanor conviction of first offender upon petition; expunction of certain felony convictions upon petition - A person is eligible for only one (1) felony expunction...

§ 99-19-73. Standard State monetary assessment for certain violations, misdemeanors and felonies; suspension or reduction of assessment prohibited; collection and deposit of assessments; refunds - Click to view Click to view Click to view Click...

§ 99-19-75. Assessment on certain offenses against children to be deposited in Mississippi Children's Trust Fund - In addition to any monetary penalties and any other penalties...

§ 99-19-77. Assessment against convicted criminal defendants to cover costs of investigations; use of assessments - In addition to any criminal penalties or fines, the court...

Sentencing of Habitual Criminals

§ 99-19-81. Sentencing of habitual criminals to maximum term of imprisonment - Every person convicted in this state of a felony who...

§ 99-19-83. Sentencing of habitual criminals to life imprisonment - Every person convicted in this state of a felony who...

§ 99-19-84. Electronic monitoring as condition of probation for offense requiring registration as a sex offender; rules and regulations - Whenever probation is a part of a sentence prescribed for...

§ 99-19-85. Governor's pardoning power unaffected - Nothing in Sections 99-19-81 through 99-19-87 shall be construed or...

§ 99-19-87. Punishment by death unaffected - Nothing in Sections 99-19-81 through 99-19-87 shall abrogate or affect...

Separate Sentencing Proceeding to Determine Punishment in Capital Cases

§ 99-19-101. Jury to determine punishment in capital cases in separate sentencing proceeding; aggravating and mitigating circumstances to be considered - In each case in which the jury imposes the death...

§ 99-19-103. Instructions; aggravating circumstances shall be designated by jury in writing upon recommending death; effect of jury's failure to agree on punishment - The statutory instructions as determined by the trial judge to...

§ 99-19-106. Date of execution of death sentence - When judgment of death becomes final and a writ of...

§ 99-19-107. Life sentence to be imposed if death penalty held to be unconstitutional - In the event the death penalty is held to be...

Victim Impact Statement Act

§ 99-19-151. Short title - Sections 99-19-151 through 99-19-161 shall be known and may be...

§ 99-19-155. Definitions - For the purposes of Sections 99-19-151 through 99-19-161, the following...

§ 99-19-161. Notice to victim prior to sentencing - The prosecuting attorney shall notify the victim or the victim...

HIV and AIDS Testing of Persons Convicted of Sex Offenses

§ 99-19-201. Definitions - The following terms shall have the meanings ascribed to them...

§ 99-19-203. Testing of persons convicted of sex offenses for HIV and AIDS - Any person who is convicted of a sex offense on...

Enhanced Penalties for Offenses Committed for Discriminatory Reasons

§ 99-19-307. Amount penalty may be enhanced - If it is found beyond a reasonable doubt that the...

§ 99-19-309. Freedom of speech and freedom of assembly not abridged by Sections 99-19-301 through 99-19-307 - Nothing in Sections 99-19-301 through 99-19-307 shall abridge freedom of...

Enhanced Penalties for Crimes Committed Against Elderly Persons

§ 99-19-351. Penalties subject to enhancement - The penalty for any felony or misdemeanor which is a...

§ 99-19-357. Amount penalty may be enhanced - The penalty for the offense may be enhanced by punishment...

Enhanced penalties for unlawful use of financial instruments or identifying information taken from owner by means of violent crime or burglary -

Chapter 20 - Community Service Restitution

§ 99-20-1. Short title; purpose - This chapter shall be known as the Mississippi Community Service...

§ 99-20-3. Participation in community service restitution program - Any defendant who qualifies for participation as set out in...

§ 99-20-5. Qualifications for participation in program - In order to qualify for participation in a community service...

§ 99-20-7. Determining persons eligible for participation; review of district attorney's files - Department of Corrections personnel shall review the incoming files in...

§ 99-20-9. Notification of eligible persons; request for sentence to program; recommendations of victim - When a case appears to meet the eligibility criteria established...

§ 99-20-11. Agreement to and acceptance of sentence by defendant; conditional discharge - If a determination is made to use the community service...

§ 99-20-13. Participant informed of possible criminal sentence; consequences of failure to perform community service sentence - Upon sentencing to the community service restitution program, the judge...

§ 99-20-15. Written agreement between program participant and department of corrections - If the court imposes the community service sentence, a written...

§ 99-20-17. Failure to complete sentence; consequences - Upon failure to complete the community service sentence, the case...

§ 99-20-19. Availability of program - This alternative method of punishment shall be available only in...

Chapter 21 - Fugitives From Other States

§ 99-21-1. Warrant for arrest of fugitives - Any conservator of the peace, upon complaint on oath made...

§ 99-21-3. Bail - If it shall appear to the conservator of the peace...

§ 99-21-5. Bonds to be filed with circuit clerk - Any bond or recognizance taken shall be delivered at once...

§ 99-21-7. Committing officer to notify governor - The conservator of the peace bailing or committing such person...

§ 99-21-9. Appearance before circuit court - If the person bound appear before the circuit court according...

§ 99-21-11. Person causing arrest liable for costs; deposit or security may be required - The person making complaint to procure the arrest of any...

Chapter 23 - Peace Bonds

§ 99-23-1. Complaint; warrant of arrest; condition of bond - Whenever complaint is made under oath by a credible person...

§ 99-23-3. Payment of costs - If, on examination, it shall not appear that there is...

§ 99-23-5. Discharge or commitment of accused - If the bond, when required, be given, and the costs...

§ 99-23-7. Appeal to circuit court and proceedings therein - Any person aggrieved by a requirement to give security to...

§ 99-23-9. Costs in circuit court - The circuit court shall render such judgment for costs on...

§ 99-23-11. Judgment after failure to prosecute appeal - If the appellant take an appeal and do not prosecute...

§ 99-23-13. Certain bonds to be delivered to justice court; proceeding for breach; delivery to circuit court on appeal - When the bond required shall not exceed One Thousand Dollars...

§ 99-23-15. Bonds over two hundred dollars returned to circuit clerk - All bonds taken as provided in this chapter, and exceeding...

§ 99-23-17. Grand jury to inquire and report on breach of bonds - It shall be the duty of the clerk of the...

§ 99-23-19. District attorney to institute proceedings to forfeit bonds - It shall be the duty of the district attorney whenever...

§ 99-23-21. Proceedings to collect forfeited bonds - The mode of proceeding in the case of a breach...

§ 99-23-23. What constitutes breach of bond; proof - Any offense committed on the person or property of another...

§ 99-23-25. Sureties may surrender their principal - The sureties of any person bound to keep the peace,...

§ 99-23-27. Person convicted of crime less than felony may be made to give peace bond - Every court before which any person shall be convicted of...

§ 99-23-29. Form of affidavit to obtain security to keep the peace - "State of Mississippi, County. "Before me, Andrew Sims, a justice...

§ 99-23-31. Form of bond to keep the peace - "We, Junius Brown, principal, and Joseph Thorn and Daniel Alderson,...

Chapter 25 - Forms

§ 99-25-1. Forms provided - Proceedings may be in accordance with the forms set forth...

§ 99-25-3. Affidavit charging crime of murder - "The State of Mississippi, County. "Before me, Andrew Sims, a...

§ 99-25-5. Warrant - "The State of Mississippi. "To any lawful officer of County:...

§ 99-25-7. Mittimus where bail is denied - "The State of Mississippi. "To the sheriff of County: "We...

§ 99-25-9. Mittimus where bail is allowed and not given - "The State of Mississippi. "To the sheriff of County: "We...

§ 99-25-11. Entry on docket - "The State of Mississippi v. Charged with murder. John Jones....

§ 99-25-13. Proceedings certified to circuit court - "The State of Mississippi v. Charged with murder. John Jones....

§ 99-25-15. Affidavit to obtain search warrant - "State of Mississippi, County. "Before me, Andrew Sims, a justice...

§ 99-25-17. Search warrant and capias - "The State of Mississippi. "To any lawful officer of County:...

Chapter 27 - Proceedings for Intoxicating Beverage Offenses

§ 99-27-1. Petition to subpoena witnesses having knowledge of violations - When any officer or five or more reputable citizens of...

§ 99-27-3. Taking testimony and filing for delivery to grand jury - When said mayor or justice shall be ready to take...

§ 99-27-5. Grand jury not prevented from making investigation - The taking of such testimony by such mayor or justice...

§ 99-27-7. Duty of mayor or justice of the peace to issue warrant for offender - If, on investigation before such mayor or justice of the...

§ 99-27-9. Statement not limited to proof of single violation at trial - On the trial of all prosecutions for the violation of...

§ 99-27-11. Seizure and destruction of intoxicating liquors and appliances permitted; writ of seizure for vehicles, etc. - No property rights shall exist in any person, natural or...

§ 99-27-13. Owner may interpose claim to seized property; jurisdiction and procedure - If any person claims the intoxicating liquors seized on any...

§ 99-27-15. Affidavit for search warrant; contents of warrant; service and return - Upon the affidavit of any credible person that he has...

§ 99-27-17. Affidavit for search warrant; form - The form of affidavit may be as follows: Affidavit for...

§ 99-27-19. Search warrant; form - The form of search warrant may be as follows: Search...

§ 99-27-21. Search of motor vehicles, etc. and seizure of liquor without warrant - It shall be the duty of any sheriff or constable...

§ 99-27-23. Clubs, boats, places where liquor found may be abated as nuisance - Except as authorized in Section 67-1-51(1), any club, vessel or...

§ 99-27-25. Club to forfeit charter; boat may be sold - Any chartered club or incorporated association of persons under the...

§ 99-27-27. Common carriers, etc., required to produce books for examination - In the prosecutions of violations of Chapter 31 of Title...

§ 99-27-29. Common carriers, etc. to keep record of alcohol and wine deliveries; inspection by officers; competent evidence at trial - It shall be the duty of every railroad company, express...

§ 99-27-31. Common carriers, etc. to file statement of deliveries with circuit clerk; procedure to compel compliance - It shall be the duty of every railroad company, express...

§ 99-27-33. Circuit clerk to file and record statement; inspection by officers; competent evidence at trial; grand jury to investigate compliance - It shall be the duty of the circuit clerk to...

§ 99-27-35. Venue of prosecutions for unlawful shipment - In all prosecutions under Chapter 31 of Title 97, Mississippi...

§ 99-27-37. Counties and municipalities may appropriate money to procure evidence of liquor and narcotics violations - The board of supervisors of any county in this state...

§ 99-27-39. Payment by liquor dealers of penalty to state, county, or municipality - Any person who may sell or give away malt, vinous...

§ 99-27-41. Concurrent jurisdiction given chancery courts for enforcing § 99-27-39 - The chancery court shall have concurrent jurisdiction with courts of...

§ 99-27-43. Justices of the peace not to suspend sentences - It shall be unlawful for any justice of the peace,...

§ 99-27-45. Witnesses compelled to testify; disclosure not to be used against witness - No person shall be excused from testifying before the grand...

Chapter 33 - Prosecutions Before Justice Court Judges

§ 99-33-3. Procedures in criminal cases; minimum fine which may be imposed - On affidavit of the commission of any crime, of which...

§ 99-33-5. Subpoena may issue to any county - A justice of the peace may issue a subpoena for...

§ 99-33-7. Appearance bond may be taken - It is lawful for any officer having a person in...

§ 99-33-9. Trial by jury - A defendant in a criminal case before a justice court...

§ 99-33-13. Procedure when accused is guilty of felony; remand - If on the trial of any criminal case the justice...

§ 99-33-15. Authority to sentence misdemeanant to imprisonment on weekends or other nonworking hours - Upon conviction of any person of a misdemeanor in a...

§ 99-33-17. Transfer of criminal case from justice court to municipal court in case of conflict - A justice court judge shall not dismiss a criminal case...

Chapter 35 - Appeals

Article 1 - Appeals to Circuit Courts

§ 99-35-1. Right of appeal; requirement to post bond; trial de novo on appeal - In all cases of conviction of a criminal offense against...

§ 99-35-3. Appearance bond - The appellant if sentenced to imprisonment for an offense or...

§ 99-35-5. Sheriff empowered to take appeal bond from misdemeanant convicted in justice court - The sheriff of any county is empowered and directed to...

§ 99-35-7. Appeals without bond or supersedeas - Any person who shall have been convicted of a criminal...

§ 99-35-9. Papers to be transmitted to circuit court clerk - The clerk of the justice court or municipal court from...

§ 99-35-11. Amendment of affidavit, pleading, or proceedings - When an appeal is presented to the circuit court in...

§ 99-35-13. Remittance of fines and forfeitures - In the event there is an acquittal or the case...

Article 3 - Appeals to Supreme Court and Related Procedures

§ 99-35-101. Right of appeal - Any person convicted of an offense in a circuit court...

§ 99-35-103. When state or municipality may appeal - The state or any municipal corporation may prosecute an appeal...

§ 99-35-105. Prepayment of costs; appeal without prepayment; reimbursement of successful appellants - Appeals in criminal cases shall not stay the judgment or...

§ 99-35-107. Deposit for costs; security for jail fees - A deposit with the clerk of the court from which...

§ 99-35-109. Bail after conviction of misdemeanor - In all cases of conviction of a misdemeanor, an appeal...

§ 99-35-111. Bail after conviction of misdemeanor; judge may fix amount of bond - The circuit judge of the district or presiding on the...

§ 99-35-113. Failure of appellant on bond to appear in misdemeanor cases - If the judgment in a case of misdemeanor be affirmed,...

§ 99-35-117. Bail after conviction of felony; judge to fix amount of bond; judge or sheriff may approve bond - Where an order shall be made as provided in Section...

§ 99-35-119. Failure of appellant on bond to appear in felony cases - If the appellant in a case of felony do not...

§ 99-35-127. Sheriff of Hinds County to receive prisoners; fees - The sheriff of Hinds County shall receive and safely keep,...

§ 99-35-129. Execution of sentence; counsel may prosecute appeal - The sentence of the supreme court in all criminal cases...

§ 99-35-131. Appellant granted credit for time served in prison pending appeal - In case of an affirmance by the supreme court of...

§ 99-35-135. Remand and custody of prisoner on affirmance of sentence - If the judgment be affirmed, on appeal, and the offense...

§ 99-35-137. Copy of death sentence to be delivered to sheriff - It shall be the duty of the clerk of the...

§ 99-35-139. Prisoner to be delivered to sheriff of proper county if new trial ordered - If any person found guilty of a felony shall be...

§ 99-35-141. Clerk to notify penitentiary of reversals - The clerk of the supreme court shall, within five days...

§ 99-35-143. Errors which are not grounds for reversal - A judgment in a criminal case shall not be reversed...

Chapter 36 - Victim Assistance Coordinator

§ 99-36-1. Purpose - The purpose of this chapter is to ensure the fair...

§ 99-36-3. Definitions - The following terms shall have the meanings ascribed herein, unless...

Chapter 37 - Restitution to Victims of Crimes

§ 99-37-1. Definitions - As used in this chapter: "Criminal activities" shall mean any...

§ 99-37-9. Term of imprisonment for contempt - The term of imprisonment for contempt for failure to make...

§ 99-37-11. Relief from payment - If it appears to the satisfaction of the court that...

§ 99-37-13. Enforcement of judgment - A default in the payment of a fine or costs...

§ 99-37-15. Resumption of payment upon release from custody - Whenever an offender in the custody of the Department of...

§ 99-37-19. Restitution centers - The boards of supervisors of the several counties and the...

§ 99-37-23. Restitution in delinquency cases - In delinquency cases before the youth court, the disposition order...

Chapter 38 - Crime Victim's Escrow Account Act

§ 99-38-1. Short title - This chapter shall be known and may be cited as...

§ 99-38-3. Definitions - As used in this chapter the following terms shall have...

§ 99-38-5. Obligation to submit contract with respect to reenactment of crime or expression of defendant's thoughts regarding crime, and to pay over funds due under contract, to Treasurer - Every person, firm, corporation, partnership, association or other legal entity...

Chapter 39 - Post-Conviction Proceedings

Article 1 - Mississippi Uniform Post-Conviction Collateral Relief Act

§ 99-39-1. Short title - This article shall be known and may be cited as...

§ 99-39-7. Filing motion in trial court; filing motion to proceed in trial court with supreme court - The motion under this article shall be filed as an...

§ 99-39-13. Answer; affirmative defenses - The answer shall respond to all of the allegations of...

§ 99-39-28. Supreme Court to establish rules for post-conviction proceedings in capital cases - If application to proceed in the trial court is granted,...

§ 99-39-29. Stay of death penalty execution - If the prisoner or prisoners shall be under sentence of...

Article 3 - Mississippi Capital Post-Conviction Counsel Act

§ 99-39-101. Short title - This article may be cited as the "Mississippi Capital Post-Conviction...

§ 99-39-103. Office of Post-Conviction Counsel created; personnel; appointment to office; qualifications; removal - There is created the Mississippi Office of Capital Post-Conviction Counsel....

§ 99-39-105. Purpose of office - The Office of Capital Post-Conviction Counsel is created for the...

§ 99-39-107. Duties of office; attorneys appointed to office to be full time - The Office of Capital Post-Conviction Counsel shall limit its activities...

§ 99-39-109. Compensation - The director appointed under this article shall be compensated at...

§ 99-39-111. Office hours of operation - The Director of the Office of Post-Conviction Counsel shall keep...

§ 99-39-113. Powers and duties of director; requirement of surety bond - In addition to the authority to represent persons under sentence...

§ 99-39-115. Director to keep a docket of all death penalty cases in Mississippi - The director shall keep a docket of all death penalty...

§ 99-39-119. Director authorized to solicit funds for purpose of funding and operating office - The director is further authorized to solicit and accept monies,...

Chapter 40 - Indigent Appeals Division -

Chapter 41 - Mississippi Crime Victims' Compensation Act

§ 99-41-1. Short title - This chapter shall be known and may be cited as...

§ 99-41-3. Legislative intent - It is the intent of the Legislature to provide a...

§ 99-41-5. Definitions - As used in this chapter, unless the context otherwise requires,...

§ 99-41-7. Division of Victim Compensation; Director of Victim Compensation; duties; appointment - There is hereby created in the Attorney General's Office the...

§ 99-41-9. Powers and duties of division - In addition to any other powers and duties specified elsewhere...

§ 99-41-13. Appeals - Any claimant aggrieved by a final decision of the Attorney...

§ 99-41-19. Proof of conviction as evidence; suspension of proceedings pending prosecution - Proof of conviction of a person whose acts give rise...

§ 99-41-25. Advance award - If the director determines that the claim is one with...

§ 99-41-31. Disclosure of records as to claims; confidentiality of records - It is unlawful, except for purposes directly connected with the...

Chapter 43 - Mississippi Crime Victims' Bill of Rights

§ 99-43-1. Short title and purpose - This chapter may be cited as the "Mississippi Crime Victims'...

§ 99-43-3. Definitions - As used in this chapter, the following words shall have...

§ 99-43-8. Victim's right to receive copy of initial incident report - Upon request, the victim has the right to receive, from...

§ 99-43-11. Prosecutor's duty to confer with victim prior to disposition - The prosecuting attorney shall confer with the victim prior to...

§ 99-43-13. Prosecutor's duty to confer with victim prior to trial; confidentiality - The prosecuting attorney shall confer with the victim before the...

§ 99-43-15. Trial transcripts; right to receive if pay costs - The victim has the right to receive a transcript of...

§ 99-43-17. Victim not entitled to direct prosecution of case - The rights of the victim do not include the authority...

§ 99-43-19. Freedom from delay; continuances - The victim shall have the right to a final disposition...

§ 99-43-21. Right to be present at criminal proceedings - The victim has the right to be present throughout all...

§ 99-43-23. Separate waiting area; minimizing contact with defendant, defendant's relatives and defense witnesses - The court shall provide a waiting area for the victim...

§ 99-43-27. Negotiated plea agreements; notice and presence - The victim has the right to be present at any...

§ 99-43-29. Notice regarding disposition and sentencing - The prosecuting attorney shall provide to the victim the date...

§ 99-43-31. Victim impact statements to probation officers; duty to consider victim impact - The victim may submit a written impact statement or make...

§ 99-43-33. Victim impact statements during court proceedings - The victim has the right to present an impact statement...

§ 99-43-35. Post-arrest release or escape and post-sentencing information - The victim has the right to the following information: As...

§ 99-43-37. Presence at court proceedings; oral or written statements by victim - It is the discretion of the victim to exercise the...

§ 99-43-41. Custodial agency notice requirements - Any custodial agency having physical custody of the prisoner, if...

§ 99-43-45. Testimony and preparation for criminal proceeding free from threat or fear of losing employment - The victim shall respond to a subpoena to testify in...

§ 99-43-47. Prosecutor assertion of victims' rights - The prosecuting attorney may assert any right to which the...

§ 99-43-49. Failure to provide victim's right; effect; reasonable attempts to provide notice - The failure to provide a right, privilege or notice to...

§ 99-43-101. Rights of children testifying in criminal proceedings - The defendant shall be afforded the rights applicable to defendants...

Chapter 45 - Statewide Automated Victim Information and Notification System

§ 99-45-1. System established to inform crime victims regarding status of criminal offenders - The Department of Corrections shall establish a statewide automated victim...

§ 99-45-3. Law enforcement obligation to notify crime victims satisfied through participation in SAVIN program - Participation in the SAVIN program and making offender and case...

§ 99-45-5. Department of Corrections required to update offender information frequently; no cause of action created by failure of automated system to provide notice to victim - The Department of Corrections must ensure that the offender information...

§ 99-45-7. Cooperation among law enforcement agencies - Law enforcement officers shall cooperate with the Department of Corrections...

Chapter 47 - Victim of Domestic Violence, Sexual Assault or Stalking Address Confidentiality Program

§ 99-47-1. Definitions; Address Confidentiality Program established; application contents; certification as program participant; penalties for knowingly providing false or incorrect information on application; cancellation of certification; use of su... - 1. Law enforcement, court or other local, state or federal...

Chapter 49 - Preservation and Accessibility of Biological Evidence

§ 99-49-1. Legislative intent; definitions; preservation of evidence procedures; remedies for noncompliance - 1. All persons who remain in custody as a result...

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Mississippi Code Title 99 - Criminal Procedure

Mississippi Code
Title 99 - Criminal Procedure