Mississippi Code

Miss. Code Ann. § 97-17-97 (2026)

Trespass; going into or upon, or remaining in or upon, buildings, premises or lands of another after being forbidden to do so

✓ current as of July 2026

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(1) Except as otherwise provided in Section 73-13-103, if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another, including the premises of any public housing authority after having been banned from returning to the premises of the housing authority, whether an individual, a corporation, partnership, or association, or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person, or by the administrators of a public housing authority regardless of whether or not having been invited onto the premises of the housing authority by a tenant, or after having been forbidden to do so by such sign or signs posted on, or in such building, premises or land, or part, or portion, or area thereof, at a place or places where such sign or signs may be reasonably seen, such person or persons shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail not exceeding six (6) months, or by both such fine and imprisonment.

(2) The provisions of this section are supplementary to the provisions of any other statute of this state.

Codes, 1942, § 2409.7; Laws, 1960, ch. 246, §§ 1, 2; Laws, 1997, ch. 471, § 1; Laws, 1997, ch. 425, § 4, eff. 7/1/1997.

Notes of Decisions

Cited in 5 cases, 1995–2006 · leading case: McMillan v. City of Jackson, 701 So. 2d 1105 (Miss. 1997).

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McMillan v. City of Jackson, 701 So. 2d 1105 (Miss. 1997). · cites it 3× “McMillan was charged with trespass on the premises pursuant to Miss. Code Ann. § 97-17-97 (1994). On February 18, 1994, before the County Court of the First Judicial District of Hinds County, counsel representing McMillan stipulated that McMillan's conduct did conform to the…”

Irby v. Travis, 935 So. 2d 884 (Miss. 2006). “Miss.Code Ann. § 97-17-97 states: Except as otherwise provided in Section 73-13-103, if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises, or land of another, including the premises of any public housing authority…”

Bates v. Wal-Mart Stores, Inc., 413 F. Supp. 2d 763 (S.D. Miss. 2006). · cites it 2× “These undisputed facts persuade this court as a matter of law, namely under Miss.Code Ann. § 97-17-97, 8 that plaintiffs status on the day of *769 the events alleged in the complaint was that of a criminal trespasser on Wal-Mart property.”

Beverly McMillan v. City of Jackson, Mississippi (Miss. 1995). · cites it 3× “McMillan was charged with trespass on the premises pursuant to Miss. Code Ann. § 97-17-97 (1994). On February 18, 1994, before the County Court of the First Judicial District of Hinds County, counsel representing McMillan stipulated that McMillan's conduct did conform to the…”

Arthur Irby v. Mary Travis (Miss. 2003). “Miss. Code Ann. § 97-17-97 states: Except as otherwise provided in Section 73-13-103, if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises, or land of another, including the premises of any public housing authority…”

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