Mississippi Code
Miss. Code Ann. § 97-3-109 (2026)
Drive-by shooting; drive-by bombing
✓ current as of July 2026
- (1) A person is guilty of a drive-by shooting if he attempts, other than for lawful self-defense, to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life by discharging a firearm while in or on a vehicle.
- (2) A person is guilty of a drive-by bombing if he attempts to cause serious bodily injury to another or attempts to cause damage to the property of another, or causes such injury or damage purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life by throwing or ejecting any bomb or explosive device from a vehicle while in or on the vehicle.
- (3) A person convicted of violating subsection (1) or (2) of this section shall be punished by commitment to the custody of the State Department of Corrections for a term not to exceed thirty (30) years and a fine not to exceed Ten Thousand Dollars ($10,000.00). A drive-by shooting or a drive-by bombing shall be a felony.
- (4) This section shall not be construed to restrict the power to apprehend or arrest a person committing an offense if such apprehension or arrest is otherwise lawful.
Laws, 1993, ch. 376, § 1; Laws, 1994, ch. 373, § 1; Laws, 1995, ch. 608, § 2, eff. 7/1/1995.
Notes of Decisions
Cited in 31
cases (7 in the last 5 years), 1996–2025 · leading case: Boyd v. State, 977 So. 2d 329 (Miss. 2008).
Boyd v. State, 977 So. 2d 329 (Miss. 2008). “Miss.Code Ann. § 97-3-109(1) (Rev.2006) ¶ 19.”
Smith v. State, 754 So. 2d 1159 (Miss. 2000). “Miss.Code Ann. § 97-3-109 (Supp.1999). They also take issue with the trial court's use of Instruction S-1 on the elements of the charge, asserting that it does not track the language in the drive-by shooting statute.”
Sylvester v. State, 113 So. 3d 618 (Miss. Ct. App. 2013). “Miss.Code Ann. § 97-3-109 (Rev.2006). . Miss.”
Fox v. State, 724 So. 2d 968 (Miss. Ct. App. 1998). “Elger Russell Fox appeals to this court from his conviction and sentence in the Lafayette County Circuit Court of drive-by-shooting in violation of Miss.Code Ann. § 97-3-109 (Rev.1994). He was sentenced to serve a term of fifteen years in the custody of the Mississippi…”
State v. Tafoya, 2012 NMSC 30 (N.M. 2012). “”; Miss. Code Ann. § 97-3-109 (1) (West 1993) (“A person is guilty of drive-by shooting .”
Wallace v. State, 166 So. 3d 520 (Miss. Ct. App. 2014). “The crime of drive-by shooting is defined by Mississippi Code Annotated section 97-3-109(1) (Rev.2006) as follows: A person is guilty of a drive-by shooting if he attempts, other than for lawful self-defense, to cause serious bodily injury to another, or causes such injury…”
Byers v. State, 107 So. 3d 1071 (Miss. Ct. App. 2013). “On May 10, 2007, a grand jury before the Warren County Circuit Court indicted Byers for drive-by shooting under Mississippi Code Annotated section 97-3-109(1) (Rev.2006). Byers’s indictment stated, in part, as follows: INDICTMENT DRIVE[-JBY SHOOTING The Grand Jurors of the State…”
Gilmore v. State, 796 So. 2d 1037 (Miss. Ct. App. 2001). “Furthermore, Gilmore argues that the prosecution failed to prove that he intended to cause serious bodily injury to another person as required under Miss.Code Ann. § 97-3-109 (Rev.2000). Gilmore’s allegations are without merit as they fail to recognize the importance of purely…”
Bruce v. State, 35 So. 3d 1236 (Miss. Ct. App. 2010). “-Mississippi Code Annotated section 97-3-109(1) provides: A person is guilty of a drive-by shooting if he attempts, other than for lawful self-defense, to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances…”
Bell v. State, 812 So. 2d 235 (Miss. Ct. App. 2001). “Bell was convicted of a driveby shooting under Miss.Code Ann. § 97-3-109 (Rev.2000) and was sentenced to five years incarceration with five more years of supervised probation.”
Ross v. State, 87 So. 3d 484 (Miss. Ct. App. 2011). “, through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (d)(ii) shall also apply to any person who shall commit robbery, attempted robbery, earjack-ing[,] or a drive-by shooting on or after October 1,1994, through…”
Mims v. State, 730 So. 2d 76 (Miss. Ct. App. 1998). “Albert Mims was originally charged in the Circuit Court of the Second Judicial District of Jones County with drive-by shooting pursuant to Miss.Code Ann. § 97-3-109 (Rev.1994). After being convicted of the lesser-included-offense aggravated assault, Mims was sentenced to serve a…”
— Miss. Code Ann. § 97-3-109(1) — 11 cases
Boyd v. State, 977 So. 2d 329 (Miss. 2008). “Miss.Code Ann. § 97-3-109(1) (Rev.2006) ¶ 19.”
Smith v. State, 754 So. 2d 1159 (Miss. 2000). “Miss.Code Ann. § 97-3-109 (Supp.1999). They also take issue with the trial court's use of Instruction S-1 on the elements of the charge, asserting that it does not track the language in the drive-by shooting statute.”
Wallace v. State, 166 So. 3d 520 (Miss. Ct. App. 2014). “The crime of drive-by shooting is defined by Mississippi Code Annotated section 97-3-109(1) (Rev.2006) as follows: A person is guilty of a drive-by shooting if he attempts, other than for lawful self-defense, to cause serious bodily injury to another, or causes such injury…”
Fox v. State, 724 So. 2d 968 (Miss. Ct. App. 1998). “Elger Russell Fox appeals to this court from his conviction and sentence in the Lafayette County Circuit Court of drive-by-shooting in violation of Miss.Code Ann. § 97-3-109 (Rev.1994). He was sentenced to serve a term of fifteen years in the custody of the Mississippi…”
Byers v. State, 107 So. 3d 1071 (Miss. Ct. App. 2013). “On May 10, 2007, a grand jury before the Warren County Circuit Court indicted Byers for drive-by shooting under Mississippi Code Annotated section 97-3-109(1) (Rev.2006). Byers’s indictment stated, in part, as follows: INDICTMENT DRIVE[-JBY SHOOTING The Grand Jurors of the State…”
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