Mississippi Code
Miss. Code Ann. § 97-17-87 (2024)
Trespass; willful or malicious; penalty; enhanced penalties for willful trespass upon airport operations area
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) Any person who shall be guilty of a willful or malicious trespass upon the real or personal property of another, for which no other penalty is prescribed, shall, upon conviction, be fined not exceeding Five Hundred Dollars ($500.00), or imprisoned not longer than six (6) months in the county jail, or both.
- (2)
- (a) Any person who shall willfully trespass upon any air operations area or sterile area of an airport serving the general public shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for up to one (1) year, or both.
- (b) For the purposes of this subsection (2), "air operations area" means a portion of an airport designed and used for landing, taking off, or surface maneuvering of airplanes; "sterile area" means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program.
Codes, 1880, §§ 969, 2967; 1892, § 1315; 1906, § 1389; Hemingway's 1917, § 1132; 1930, § 1163; 1942, § 2406; Laws, 2001, ch. 475, § 1, eff. 3/23/2001.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 2004–2025 · leading case: Biglane v. Under the Hill Corp., 949 So. 2d 9 (Miss. 2007).
Biglane v. Under the Hill Corp., 949 So. 2d 9 (Miss. 2007). “2001) (definition of civil trespass); Miss.Code Ann. § 97-17-87 (Rev.2006) (criminal trespass).”
Jackson v. State, 90 So. 3d 597 (Miss. 2012). “Miss.Code Ann. § 97-17-87 (Rev. 2000).” However, a reading of the statute above reveals that the elements “without permission or remaining on his or her property after being told to leave” are not found in Section 97-17-87.”
Stewart v. State, 909 So. 2d 52 (Miss. 2005). “Pursuant to Miss.Code Ann. § 97-17-87(1) (Supp.2004), trespass requires that a person commit "a willful or malicious trespass upon the real or personal property of another .”
United States v. Terry Kitchen, 428 F. App'x 593 (6th Cir. 2011). “See Miss.Code Ann. § 97-17-87. Thus, the single point assessed for defrauding an innkeeper may not have been appropriate and, because excluding it would have placed Kitchen in a lower criminal-history category, the Guidelines range may have been improperly calculated.”
Jefferson v. State, 977 So. 2d 431 (Miss. Ct. App. 2008). “Miss.Code Ann. § 97-17-87 (Rev.2006). ¶ 18.”
Jefferson v. State, 95 So. 3d 709 (Miss. Ct. App. 2012). “Miss. Code Ann. § 97-17-87 (1) (Rev.2006).”
Joseph Snow Schrotz v. State of Mississippi, 179 So. 3d 1200 (Miss. Ct. App. 2015). “Miss.Code Ann. § 97-17-87(1) (Rev.2014). Given the circumstances, we find that it was a reasonable trial strategy to admit guilt to misdemean- or failure to stop a motor vehicle in an attempt to avoid conviction on the burglary-of-a-dwelling charge.”
Secherest v. City of Lexington, No. 3:24-cv-00034 (S.D. Miss. June 17, 2025). “See Miss. Code Ann. § 97-17-87 (making “willful or malicious trespass” a crime); Ladd v.”
Benjamin Stewart v. State of Mississippi, No. 2004-KA-01242-SCT (Miss. June 8, 2004). “Pursuant to Miss. Code Ann. § 97-17-87 (1) (Supp. 2004), trespass requires that a person commit “a willful or malicious trespass upon the real or personal property of another.”
James M. Biglane v. Under the Hill Corp., No. 2005-CA-01751-SCT (Miss. June 22, 2005). “2001) (definition of civil trespass); Miss. Code Ann. § 97-17-87 (Rev. 2006) (criminal trespass).”
Miss. Code Ann. § 97-17-87(1): 2 cases
Stewart v. State, 909 So. 2d 52 (Miss. 2005). “Pursuant to Miss.Code Ann. § 97-17-87(1) (Supp.2004), trespass requires that a person commit "a willful or malicious trespass upon the real or personal property of another .”
Joseph Snow Schrotz v. State of Mississippi, 179 So. 3d 1200 (Miss. Ct. App. 2015). “Miss.Code Ann. § 97-17-87(1) (Rev.2014). Given the circumstances, we find that it was a reasonable trial strategy to admit guilt to misdemean- or failure to stop a motor vehicle in an attempt to avoid conviction on the burglary-of-a-dwelling charge.”
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