Mississippi Code

Miss. Code Ann. § 97-3-21 (2026)

Homicide; penalty for first- or second-degree murder or capital murder

✓ current as of July 2026

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(1) Except as otherwise provided for a juvenile offender in subsection (2) of this section, every person who is:
- (a) Convicted of first-degree murder shall be sentenced by the court to imprisonment for life in the custody of the Department of Corrections.
- (b) Convicted of second-degree murder shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) nor more than forty (40) years in the custody of the Department of Corrections.
- (c) Convicted of capital murder shall be sentenced ( i) to death;( ii) to imprisonment for life in the State Penitentiary without parole; or ( iii) to imprisonment for life in the State Penitentiary with eligibility for parole as provided in Section 47-7-3(1)( c)(iii).

(2)
- (a) For the purposes of this section, "juvenile offender" means a person who had not reached the age of eighteen (18) years at the time of the commission of the offense.
- (b) A juvenile offender who is convicted of first-degree murder after July 1, 2024, may be sentenced to life imprisonment in the custody of the Department of Corrections if the punishment is so fixed by the jury. If the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at not less than twenty (20) nor more than forty (40) years in the custody of the Department of Corrections.
- (c) A juvenile offender who is convicted of capital murder after July 1, 2024, may be sentenced to life imprisonment in the custody of the Department of Corrections or life imprisonment without eligibility for parole in the custody of the Department of Corrections if the punishment is so fixed by the jury. If the jury fails to fix the penalty at life imprisonment or life imprisonment without parole, the court shall fix the penalty at not less than twenty-five (25) nor more than fifty (50) years in the custody of the Department of Corrections.
- (d) For a juvenile offender who was convicted of first-degree murder or capital murder prior to July 1, 2024, and who is entitled to a hearing under this subsection, the judge who presided over the trial, or a judge appointed by the senior circuit judge, if the presiding judge is unavailable, shall fix the penalty.

Codes, Hutchinson's 1848, ch. 64, art. 12, Title 2 (1); 1857, ch. 64, art. 167; 1871, § 2630; 1880, § 2877; 1892, § 1151; 1906, § 1229; Hemingway's 1917, § 959, 1930, § 987; 1942, § 2217; Laws, 1974, ch. 576, § 7; Laws, 1977, ch. 458, § 1; Laws, 1994, ch. 566, § 3, eff. 7/1/1994.

Amended by Laws, 2024, ch. 526, SB 2022,§ 1, eff. 7/1/2024.

Amended by Laws, 2013, ch. 555, SB 2377, 2, eff. 7/1/2013.

Notes of Decisions

Cited in 232 cases (32 in the last 5 years), 1976–2026 · leading case: Rubenstein v. State, 941 So. 2d 735 (Miss. 2006).

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Rubenstein v. State, 941 So. 2d 735 (Miss. 2006). · cites it 28× “Miss.Code Ann. § 97-3-21 (1994) (emphasis added).”

Randy Charles Wilson v. State of Mississippi, 194 So. 3d 855 (Miss. 2016). · cites it 24× “It is true that this Court has no authority, absent a determination of unconstitutionality, to ignore duly enacted statutes. ¶70. In West v. State, this Court considered whether the trial court had committed reversible error by refusing the defendant’s “repeated requests to…”

Jones v. State, 122 So. 3d 698 (Miss. 2013). · cites it 20× “Miss. Code Ann. § 97-3-21 (Rev.2006) (“Every person who shall be convicted of murder shall be sentenced by the court to imprisonment for life in the State Penitentiary.”

West v. State, 725 So. 2d 872 (Miss. 1998). · cites it 19× “West first argues that the trial court committed reversible error in refusing his repeated requests to apply the amendments to Miss.Code Ann. §§ 97-3-21 and XX-XX-XXX, and to instruct the sentencing jury that it could sentence him to life imprisonment without parole.”

Frederick Bell v. State of Mississippi, 160 So. 3d 188 (Miss. 2015). · cites it 28× “2004) (citing Miss. Code Ann. § 97-3-21 (Rev. 2000)). 2 novo.”

Parker v. State, 119 So. 3d 987 (Miss. 2013). · cites it 14× “” Miss.Code Ann. § 97-3-21 (Rev. 2006). His sentencing order reads, in pertinent part, “the defendant is sentenced to serve the rest of his natural life in prison in the custody of the [MDOC].”

Foster v. State, 961 So. 2d 670 (Miss. 2007). · cites it 18× “On appeal, Foster argues that his sentence constitutes an impermissible ex post facto punishment since the only sentencing options available under Miss.Code Ann. § 97-3-21 (1991) at the time of sentencing were death or life with the possibility of parole.”

Parker v. State, 30 So. 3d 1222 (Miss. 2010). · cites it 9× “Miss.Code Ann. § 97-3-21 (Rev.2006). The trial court imposed a sentence of life imprisonment without parole, which exceeded the statutory maximum.”

Jackson v. State, 337 So. 2d 1242 (Miss. 1976). · cites it 9× “The present penalties for murder and capital murder are found in section 97-3-21: Every person who shall be convicted of murder shall be sentenced by the court to imprisonment for life in the state penitentiary.”

Conley v. State, 790 So. 2d 773 (Miss. 2001). · cites it 6× “At this time two sentencing options were available under Miss.Code Ann. § 97-3-21: death or life in prison.”

Watts v. State, 733 So. 2d 214 (Miss. 1999). · cites it 8× “§ 97-3-21(1994) provides that Every person who shall be convicted of capital murder shall be sentenced (a) to death; (b) to imprisonment for life in the State Penitentiary without parole; or (c) to imprisonment for life in the State Penitentiary with eligibility for parole as…”

Branch v. State, 882 So. 2d 36 (Miss. 2004). · cites it 6× “The trial court erred in failing to instruct the jury on all three sentencing options available under Miss.Code Ann. §§ 97-3-21 and 99-19-101. XVII.”

Show all 232 citing cases →

— Miss. Code Ann. § 97-3-21(1) — 6 cases

Boyce Willard v. Mississippi State Parole Bd., 212 So. 3d 80 (Miss. Ct. App. 2016).

Cortez Deontae Bass v. State of Mississippi, 273 So. 3d 768 (Miss. Ct. App. 2018).

Cutrell Varnado a/k/a Cutrell Smith Varnado a/k/a Cutrell S. Varnado v. State of Mississippi (Miss. Ct. App. 2023).

Jameco Davis a/k/a Jameco Aerion Davis v. State of Mississippi (Miss. 2024).

Ja'Cory Hampton a/k/a Ja'Corey Hampton a/k/a Jacory Hampton v. State of Mississippi (Miss. Ct. App. 2024).

— Miss. Code Ann. § 97-3-21(1)(b) — 1 case

Anfernee Harris a/k/a Lil Mack a/k/a Thiro v. State of Mississippi (Miss. Ct. App. 2026).

— Miss. Code Ann. § 97-3-21(1994) — 1 case

Watts v. State, 733 So. 2d 214 (Miss. 1999). “§ 97-3-21(1994) provides that Every person who shall be convicted of capital murder shall be sentenced (a) to death; (b) to imprisonment for life in the State Penitentiary without parole; or (c) to imprisonment for life in the State Penitentiary with eligibility for parole as…”

— Miss. Code Ann. § 97-3-21(2) — 4 cases

Bennie Beal v. State of Mississippi, 225 So. 3d 1276 (Miss. Ct. App. 2016).

Charlie Harris a/k/a Charlie C. Harris v. State of Mississippi (Miss. 2023).

Michael Joseph Johnson a/k/a Michael J. Johnson a/k/a Michael Johnson v. State of Mississippi (Miss. 2024).

Dwayna Porche Hickerson a/k/a Dwayna Hickerson a/k/a Dwanya Hickerson v. State of Mississippi (Miss. Ct. App. 2022).

— Miss. Code Ann. § 97-3-21(2)(a) — 1 case

Michael Joseph Johnson a/k/a Michael J. Johnson a/k/a Michael Johnson v. State of Mississippi (Miss. 2024).

— Miss. Code Ann. § 97-3-21(2)(d) — 1 case

Michael Joseph Johnson a/k/a Michael J. Johnson a/k/a Michael Johnson v. State of Mississippi (Miss. 2024).

— Miss. Code Ann. § 97-3-21(2)(e) — 1 case

Evans v. State, 725 So. 2d 613 (Miss. 1997).

— Miss. Code Ann. § 97-3-21(2000) — 1 case

Burns v. State, 813 So. 2d 668 (Miss. 2001).

— Miss. Code Ann. § 97-3-21(3) — 7 cases

Natyyo Gray v. State of Mississippi, 202 So. 3d 243 (Miss. Ct. App. 2015).

Thomas v. State, 130 So. 3d 157 (Miss. Ct. App. 2014).

James Earnest Watts v. State of Mississippi, 264 So. 3d 829 (Miss. Ct. App. 2018).

Oren Joseph Lewis v. State of Mississippi (Miss. Ct. App. 2019).

Gerome Moore v. State of Mississippi (Miss. 2019).

— Miss. Code Ann. § 97-3-21(3)(b) — 1 case

Oren Joseph Lewis v. State of Mississippi (Miss. Ct. App. 2019).

— Miss. Code Ann. § 97-3-21(3)(e) — 1 case

Baxter v. State, 177 So. 3d 423 (Miss. 2014).

— Miss. Code Ann. § 97-3-21(b) — 2 cases

Ryals v. State, 881 So. 2d 933 (Miss. Ct. App. 2004).

Dustin Michael Gray a/k/a Dustin M. Gray v. State of Mississippi (Miss. Ct. App. 2026).

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