Mississippi Code

Miss. Code Ann. § 97-17-9 (2026)

Arson; fourth degree; attempt to burn

✓ current as of July 2026

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(1) Any person who wilfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in the foregoing sections, or who commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree and upon conviction thereof be sentenced to the penitentiary for not less than one nor more than two years or fined not to exceed one thousand dollars.

(2) The placing or distributing of any flammable, explosive or combustible material or substance, or any device in any building or property mentioned in the foregoing sections in an arrangement or preparation with intent to eventually, wilfully and maliciously set fire to or burn same, or to procure the setting fire to or burning of same shall, for the purposes of this section constitute an attempt to burn such building or property.

Codes, 1942, § 2009; Laws, 1932, ch. 272.

Notes of Decisions

Cited in 4 cases, 1986–2010 · leading case: Thomas v. State, 48 So. 3d 460 (Miss. 2010).

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Thomas v. State, 48 So. 3d 460 (Miss. 2010). · cites it 4× “Miss.Code Ann. § 97-17-9(1) (Rev.2006). ¶ 16.”

Brooks v. State, 18 So. 3d 859 (Miss. Ct. App. 2008). · cites it 2× “" Miss.Code Ann. § 97-17-9(1) (Rev.2006). On appeal, Jackson argued that the indictment was substantially defective for failing to allege an overt act toward the commission of the crime charged.”

Weaver v. State, 497 So. 2d 1089 (Miss. 1986). “Weaver argues that the testimony did not indicate that he was in Maben on Sunday night and, at best, if he attempted to burn the Hi-Lo Dollar Store on Saturday night, he would be guilty of fourth degree arson under Miss.”

Tonnie L. Thomas v. State of Mississippi (Miss. 2009). · cites it 4× “Miss. Code Ann. § 97-17-9 (1) (Rev. 2006).”

— Miss. Code Ann. § 97-17-9(1) — 3 cases

Thomas v. State, 48 So. 3d 460 (Miss. 2010). “Miss.Code Ann. § 97-17-9(1) (Rev.2006). ¶ 16.”

Brooks v. State, 18 So. 3d 859 (Miss. Ct. App. 2008). “" Miss.Code Ann. § 97-17-9(1) (Rev.2006). On appeal, Jackson argued that the indictment was substantially defective for failing to allege an overt act toward the commission of the crime charged.”

Tonnie L. Thomas v. State of Mississippi (Miss. 2009). “Miss. Code Ann. § 97-17-9 (1) (Rev. 2006).”

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