Mississippi Code
Miss. Code Ann. § 97-17-93 (2024)
Entering lands of another without permission; enforcement; relation to other statutes; dismissal of prosecution
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of Two Hundred Fifty Dollars ($250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment. This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, or to persons entering upon such lands for lawful business purposes.
- (2)
- (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.
- (b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.
- (3) The provisions of this section are supplementary to the provisions of any other statute of this state.
- (4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.
Codes, 1892, § 1318; 1906, § 1392; Hemingway's 1917, § 1135; 1930, § 1166; 1942, § 2409; Laws, 1962, ch. 323, § 1; Laws, 1976, ch. 404; Laws, 1978, ch. 417, § 1; Laws, 1984, ch. 504; Laws, 1987, ch. 331; Laws, 1997, ch. 425, § 3; Laws, 2008, ch. 545, § 2, eff. 7/1/2008.
Notes of Decisions
Cited in 5
cases, 1984–2012 · leading case: Pharr v. State, 465 So. 2d 294 (Miss. 1984).
Pharr v. State, 465 So. 2d 294 (Miss. 1984). “1983), for which each has been sentenced to 30 days imprisonment, fined $1,000 on each count, and stripped of all hunting privileges for the next twelve months; (b) on one count of trespassing in violation of Miss. Code Ann. § 97-17-93 (Supp. 1983), for which each has been fined…”
Ladd v. State, 87 So. 3d 1108 (Miss. Ct. App. 2012). “See Miss Code Ann. § 97-17-93 (Supp.2011). Trespass is a lesser-included *1116 offense of burglary.”
Corry v. State, 710 So. 2d 853 (Miss. 1998). “Trespass is not a strict liability crime as the defendants would like for us to believe.”
Chaney v. State, 802 So. 2d 113 (Miss. Ct. App. 2001). “Miss Code Ann. § 97-17-93 (Rev.2000) (trespass); Miss.”
David B Corry v. State of MS, No. 96-KA-01251-SCT (Miss. Oct. 18, 1996). “Trespass is not a strict liability crime as the defendants would like for us to believe.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.