Mississippi Code
Miss. Code Ann. § 97-21-33 (2026)
Penalty for forgery
✓ current as of July 2026
- (1) Except as provided in subsection (2) of this section for offenses under Sections 97-21-13, 97-21-15, 97-21-17 and 97-21-23, a person convicted of forgery shall be punished as follows:
- (a) When the amount of value involved is under One Thousand Dollars ($1,000.00), by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both. A person convicted of a third or subsequent offense under this paragraph (a), where the value of the property is not less than Five Hundred Dollars ($500.00), shall be punished by imprisonment in the Penitentiary for a term not exceeding three (3) years or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
- (b) When the amount of value involved is One Thousand Dollars ($1,000.00) or more but less than Five Thousand Dollars ($5,000.00), by imprisonment in the Penitentiary for a term not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
- (c) When the amount of value involved is Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the Penitentiary for a term not exceeding ten (10) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
- (d) When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment in the Penitentiary for a term not exceeding twenty (20) years, or be fined not more than Ten Thousand Dollars ($10,000.00), or both.
- (2) A person convicted of forgery under any of the following: Section 97-21-13, relating to counterfeiting of currency or treasury notes of the United States; Section 97-21-15, relating to the counterfeiting of currency of a foreign government; Section 97-21-17, relating to possession of counterfeited currency; or Section 97-21-23, relating to engraving or possessing a plate to counterfeit certain notes, bills, drafts, checks and other evidence of debt, shall be guilty of a felony and shall be punished as follows:
- (a) When the amount of value involved is less than Five Thousand Dollars ($5,000.00), by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
- (b) When the amount of value involved is Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
- (c) When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment for a term not exceeding twenty (20) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
- (3) The total value of the forgery by the person from a single victim shall be aggregated in determining the gravity of the offense.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(42); 1857, ch. 64, art. 124; 1871, § 2588; 1880, § 2840; 1892, § 1119; 1906, § 1200; Hemingway's 1917, § 930; 1930, § 957; 1942, § 2187; Laws, 1928, ch. 38; Laws, 1970, ch. 343, § 1; Laws, 2003, ch. 499, § 6, eff. 7/1/2003.
Amended by Laws, 2019, ch. 388, SB 2470,§ 1, eff. 7/1/2019.
Amended by Laws, 2014, ch. 457, HB 585, 25, eff. 7/1/2014.
Notes of Decisions
Cited in 16
cases, 1986–2010 · leading case: Burt v. State, 493 So. 2d 1325 (Miss. 1986).
Burt v. State, 493 So. 2d 1325 (Miss. 1986). “1985), and, if so, did it constitute cruel and unusual punishment? We now hold that the sentence was proper and in accordance with the appropriate statute. The defendant in the present case was indicted as a recidivist.”
Barnwell v. State, 567 So. 2d 215 (Miss. 1990). “Miss. Code Ann. § 97-21-33 (1972), provides that the penalty for forgery is a term of not less than two years, nor more than fifteen years.”
City of Jackson v. Brister, 838 So. 2d 274 (Miss. 2003). “Miss.Code Ann. § 97-21-33 (Rev. 2000) designates the penalty for a forgery: *282 Persons convicted of forgery shall be punished by imprisonment in the penitentiary for a term of not less than two (2) years nor more than fifteen (15) years, provided, however, that when the amount…”
Steed v. State, 752 So. 2d 1056 (Miss. Ct. App. 1999). “It must further be noted that no prejudice can be found in the actual sentence imposed in this matter since it was within the statutory sentencing guidelines and was within statutory guidelines imposed by Miss.Code Ann. § 97-21-33 (Rev.1994). So long as the sentence imposed is…”
Davis v. State, 758 So. 2d 463 (Miss. Ct. App. 2000). “However, Miss.Code Ann. § 97-21-33 (Rev.1994) grants the trial judge discretion in sentencing individuals.”
Jefferson v. State, 958 So. 2d 1276 (Miss. Ct. App. 2007). “Miss.Code Ann. § 97-21-33 (Rev.2003). During the 2003 legislative session, the Mississippi legislature reduced the maximum sentence from fifteen years to ten years.”
Alexander v. State, 879 So. 2d 512 (Miss. Ct. App. 2004). “See Miss. Code Ann. § 97-21-33 (Rev.2000). Because Alexander was not subjected to an undue burden or prejudice but to a significantly lesser sentence, the error by the trial court was harmless.”
Page v. State, 812 So. 2d 1039 (Miss. Ct. App. 2001). “" Miss.Code Ann. § 97-21-33 (Rev.2000). ¶ 12.”
Middleton v. State, 49 So. 3d 161 (Miss. Ct. App. 2010). “" Miss.Code Ann. § 97-21-33 (Rev.2006). Middleton should have received a ten-year sentence without eligibility for parole or probation.”
Tate v. State, 961 So. 2d 763 (Miss. Ct. App. 2007). “Miss.Code Ann. § 97-21-33 (emphasis added).”
Bowen v. State, 995 So. 2d 844 (Miss. Ct. App. 2008). “00) in lieu of the punishment above provided for, the person convicted may be punished by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.”
Kemp v. State, 904 So. 2d 1162 (Miss. Ct. App. 2004). “See Miss.Code Ann. § 97-21-33 (Rev.2000) (amended 2003).”
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