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Mississippi Code

Miss. Code Ann. § 97-17-5 (2026)

Arson; second degree; other buildings or structures

✓ current as of July 2026
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Any person who wilfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any building or structure of whatsoever class or character, whether the property of himself or of another, not included or described in Section 97-17-1 or Section 97-17-3, shall be guilty of arson in the second degree, and upon conviction thereof, be sentenced to the penitentiary for not less than one nor more than ten years.

Codes, 1942, § 2007; Laws, 1932, ch. 272.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1986–2025 · leading case: Weaver v. State, 497 So. 2d 1089 (Miss. 1986).
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Weaver v. State, 497 So. 2d 1089 (Miss. 1986). · cites it 2× “The Circuit Court considered — and the State argues here — that this indictment charges an offense under our second decree arson statute, Miss. Code Ann. § 97-17-5 (1972), which reads as follows: Any person who willfully and maliciously sets fire to or burns or causes to be…”
Page v. State, 495 So. 2d 436 (Miss. 1986). · cites it 2× “Miss. Code Ann. § 97-17-5 (1972). Each entered a plea of not guilty.”
Brooks v. State, 18 So. 3d 833 (Miss. 2009). “(citing Miss.Code Ann. § 97-17-5 (Rev.2006)). ¶ 21.”
Dowbak v. State, 666 So. 2d 1377 (Miss. 1996). “STATEMENT OF THE CASE Dowbak was indicted in the Oktibbeha County Circuit Court and charged with violation of Miss. Code Ann. § 97-17-5 (1972) (second degree arson).”
Wells v. State, 521 So. 2d 1274 (Miss. 1987). “1986), where the appellant, advancing the same argument, urged that the evidence, admitted at trial, impermissibly spoke both to his attempt to defraud an insurer and second degree arson, Miss. Code Ann. § 97-17-5 (1972), the Court stated, "That [§ 97-17-11] might also have…”
White v. State, 940 So. 2d 958 (Miss. Ct. App. 2006). · cites it 2× “§ 97-17-7 rather than Miss.Code Ann. § 97-17-5 and that some degree of confusion prevailed at the plea hearing.”
Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi (Miss. 2025). “Miss. Code Ann. § 97-17-5 (Rev. 2014). Moreover, the element of felonious intent may be shown by the facts surrounding the crime.”
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