§ 97-3-7. Simple assault; aggravated assault; simple domestic violence; aggravated domestic violence
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against a current or former spouse or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant, other persons related by consanguinity or affinity who reside with or formerly resided with the defendant or a child of that person, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child and, upon conviction, the defendant shall be punished as provided under subsection (2) of this section; however, upon a third or subsequent offense of aggravateddomestic violence, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than five (5) nor more than twenty (20) years. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4).
Tag Archives: crime
§ 97-3-79. Robbery; use of deadly weapon
Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be guilty of robbery and, upon conviction, shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life in the state penitentiary the court shall fix the penalty at imprisonment in the state penitentiary for any term not less than three (3) years.
§ 99-19-81. Sentencing of habitual criminals to maximum term of imprisonment
Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.
Miss. Code Ann. § 97-3-117 defines carjacking as “knowingly or recklessly, by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means taking a motor vehicle from another person’s immediate actual possession.” .
To obtain a conviction for the charge of carjacking, the prosecution must show that, 1) a vehicle was forcibly or sneakily taken; 2) from another person; and; 3) that the other person was in immediate possession of the vehicle when it was taken
However, the first requirement does not necessarily require that the car be taken through a violent act or even through fear and intimidation. If the defendant took control of the vehicle while the owner was pumping gas, the first requirement is applicable.
The victim does not necessarily have to be in the car to be convicted of car jacking. In the Mississippi case of Young v. State, a husband and wife were washing their cars at a local car wash. As the couple was washing the husband’s car, the defendant took the keys from the wife and took her car parked in the next bay. The defendant was charged with carjacking. His defense to the charge was that the wife was not actually inside of the vehicle and not in “immediate possession” of the vehicle. So, therefore, the actual crime of carjacking did not occur. The court held that “we cannot agree that the legislature intended the statute be construed so literally as to mean that a person commits a carjacking only when an individual is physically inside the vehicle.” Young v. State, 962 So.2d 110 (Miss.Ct.App.2007).
A conviction of carjacking carries a fine of up to $5,000 and up to 15 years incarceration. Miss. Code Ann. § 97-3-117 (1) (a).
Mississippi statute further holds that anyone convicted for attempted carjacking will receive the same punishment as an actual carjacking . Miss. Code Ann. § 97-3-117 (1) (b).
If someone is convicted twice of armed robbery in connection with a carjacking or even for simple carjacking the punishment doubles. A second offense of armed carjacking could result in 60 years incarceration Miss. Code Ann. § 97-3-117 (3).
The use of a dangerous or deadly weapon, including imitations of deadly weapons, will enhance the crime of carjacking into Armed Carjacking. Miss. Code Ann. § 97-3-117 (2), A conviction for armed carjacking can result in increased penalties. The fine for armed carjacking can be as high as $10,000 in fines and up to 30 years in prison. Miss. Code Ann. § 97-3-117 (2) (a).
§ 97-19-21. Credit cards; use to obtain things of value or to operate automatic cash dispensing machines with intent to defraud; penalties.
Mississippi Statutes
Title 97. CRIMES
Chapter 19. FALSE PRETENSES AND CHEATS
Current through 2014 Second Extraordinary Session
§ 97-19-21. Credit cards; use to obtain things of value or to operate automatic cash dispensing machines with intent to defraud; penalties
(1) It is unlawful for any person, with intent to defraud the cardholder, the issuer, a person or organization providing money, goods, property, services or anything else of value, or any other person, (a) to use a credit card or credit card number obtained or retained in violation of Sections 97-19-5 through 97-19-29 , or a credit card which he knows is forged, for the purpose of obtaining money, goods, property, services or anything else of value, or (b) to obtain money, goods, property, services or anything else of value (i) by representing without the consent of the cardholder that he is the holder of a specified card, or (ii) by representing that he is the holder of a card when he has reason to know that such card has not in fact been issued, or (iii) by representing that he has been authorized to use the credit card or credit card number.
(2) It is unlawful for any person, with intent to defraud the cardholder or issuer of a credit card used in the operation of an automatic unmanned cash dispensing machine, to use such card for the purpose of obtaining money from such machine.
(3) Any person convicted for a violation of subsection (1) or (2) of this section shall be punished as follows:
(a) For a first offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($ 100.00), the person committing the offense shall be punished by a fine not to exceed One Thousand Dollars ($ 1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.
(b) For a second or subsequent offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($ 100.00), the person committing the offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($ 100.00) nor more than One Thousand Dollars ($ 1,000.00), or by imprisonment in the State Penitentiary for a term not to exceed three (3) years, or by both such fine and imprisonment.
(c) Whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is One Hundred Dollars ($ 100.00) or more, the person committing the offense, whether the offense is a first, second or subsequent offense, shall be guilty of a felony and such person, upon conviction, shall be punished as provided in paragraph (3)(b) of this section.
(4) For the purpose of determining the punishment to be imposed under subsection (3) of this section, the value of all money, goods, property, services and other things of value obtained or attempted to be obtained by two (2) or more uses of the same credit card shall be aggregated.
§ 97-37-35. Stolen firearms; possession, receipt, acquisition or disposal; offense; punishment.
(1) It is unlawful for any person knowingly or intentionally to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm or attempt to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm.
(2) It is unlawful for any person knowingly or intentionally to sell, deliver or transfer a stolen firearm or attempt to sell, deliver or transfer a stolen firearm.
(3) Any person convicted of violating this section shall be guilty of a felony and shall be punished as follows:
(a) For the first conviction, punishment by commitment to the Department of Corrections for five (5) years;
(b) For the second and subsequent convictions, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.
(c) For a conviction where the offender possesses two (2) or more stolen firearms, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.
(4) Any person who commits or attempts to commit any other crime while in possession of a stolen firearm shall be guilty of a separate felony of possession of a stolen firearm under this section and, upon conviction thereof, shall be punished by commitment to the Department of Corrections for five (5) years, such term to run consecutively and not concurrently with any other sentence of incarceration.
