Mississippi Code
Miss. Code Ann. § 97-3-51 (2024)
Interstate removal of child under age fourteen by noncustodial parent or relative
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) For the purposes of this section, the following terms shall have the meaning herein ascribed unless the context otherwise clearly requires:
- (a) "Child" means a person under the age of fourteen (14) years at the time a violation of this section is alleged to have occurred.
- (b) "Court order" means an order, decree or judgment of any court of this state which is competent to decide child custody matters.
- (2) It shall be unlawful for any noncustodial parent or relative with intent to violate a court order awarding custody of a child to another to remove the child from this state or to hold the child out of state after the entry of a court order.
- (3) Any person convicted of a violation of subsection (2) of this section shall be guilty of a felony and may be punished by a fine of not more than Two Thousand Dollars ($2,000.00), or by imprisonment in the state penitentiary for a term not to exceed three (3) years, or by both such fine and imprisonment.
- (4) The provisions of this section shall not be construed to repeal, modify or amend any other criminal statute of this state.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (27, 29); 1857, ch. 64, arts. 186, 188; 1871, §§ 2649, 2651; 1880, §§ 2897, 2899; 1892, § 1171; 1906, § 1249; Hemingway's 1917, § 979; 1930, § 1007; 1942, § 2237; Former § 97-3-51, repealed, 1980, ch. 394; added, 1984, ch. 469; Laws, 1995, ch. 583, § 1, eff. 7/1/1995.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1979–2024 · leading case: Hughes v. State, 401 So. 2d 1100 (Miss. 1981).
Hughes v. State, 401 So. 2d 1100 (Miss. 1981). “Defendant was indicted for kidnapping under section 97-3-51 Mississippi Code Annotated (1972) which follows: Every person who shall, without lawful authority, forcibly seize and confine any other, or shall inveigle or kidnap any other with intent to cause such person to be…”
Paul R. Ferrell v. State of Mississippi, 158 So. 3d 1204 (Miss. Ct. App. 2015). “See Miss. Code Ann. § 97-3-51 . 4. Interstate Removal Indictment – Temporary Custody ¶14.”
White v. State, 374 So. 2d 225 (Miss. 1979). “The only assignment of error is that defendant should have been sentenced under section 97-3-51 Mississippi Code Annotated (1972) instead of section 97-3-53 Mississippi Code Annotated (Supp.”
Jenkins v. State, 507 So. 2d 89 (Miss. 1987). “Put otherwise, the elements of the offense of attempted kidnapping are (1) an attempt to (2) forcibly seize or confine (3) another person (4) with intent to cause such person to be confined (5) against his will (6) without authority of law.”
Killen v. State, 958 So. 2d 172 (Miss. 2007). “Now kidnaping, under Section 97-3-51, that's removal of a child aged fourteen by a non-custodial parent.”
Brewer v. State, 459 So. 2d 293 (Miss. 1984). “1983), which defines the offense as follows: "Any person who shall without lawful authority forcibly seize and confine any other person, or shall inveigle or kidnap any other person with intent to cause such person to be secretly confined or imprisoned against his or her will…”
Owens v. Huffman, 481 So. 2d 231 (Miss. 1985). “§ 1201 , § 97-3-51 Miss. Code Ann. (1972). It is appalling that Mrs.”
Ulmer v. State, 406 So. 2d 828 (Miss. 1981). “SMITH, Presiding Justice, for the Court: George Ronald Ulmer was indicted for the crime of kidnapping pursuant to Mississippi Code Annotated section 97-3-51 (1972). 1 He was tried and convicted in the Circuit Court of Smith County, and was sentenced to serve a term of six years…”
Sims v. State, 93 So. 3d 37 (Miss. Ct. App. 2011). “1981), the supreme court restated Mississippi Code Annotated section 97-3-51 (Rev.2006) in order to clearly set forth the different elements that may constitute kidnapping under the statute: Every person who shall, without lawful authority, (1) forcibly seize and confine any…”
Arious Turner v. State of Mississippi, 387 So. 3d 1009 (Miss. 2024). “” Miss. Code Ann. § 97-3-51 (2) (Rev. 2020).”
Edgar Ray Killen v. State of Mississippi, No. 2005-KA-01393-SCT (Miss. June 23, 2005). “Now kidnaping, under Section 97-3-51, that’s removal of a child aged fourteen by a non-custodial parent.”
George David Tokman v. State of MS, No. 95-CA-00593-SCT (Miss. May 9, 1995). “Miss. Code Ann. § 97-3-51 (1972) sets out the elements of kidnapping: Every person who shall, without lawful authority, forcibly seize and confine any other, or shall inveigle or kidnap any other with intent to cause such person to be secretly confined .”
Miss. Code Ann. § 97-3-51(1)(b): 1 case
Paul R. Ferrell v. State of Mississippi, 158 So. 3d 1204 (Miss. Ct. App. 2015). “See Miss. Code Ann. § 97-3-51 . 4. Interstate Removal Indictment – Temporary Custody ¶14.”
Miss. Code Ann. § 97-3-51(2): 2 cases
Paul R. Ferrell v. State of Mississippi, 158 So. 3d 1204 (Miss. Ct. App. 2015). “See Miss. Code Ann. § 97-3-51 . 4. Interstate Removal Indictment – Temporary Custody ¶14.”
Arious Turner v. State of Mississippi, 387 So. 3d 1009 (Miss. 2024). “” Miss. Code Ann. § 97-3-51 (2) (Rev. 2020).”
Miss. Code Ann. § 97-3-51(4): 1 case
Arious Turner v. State of Mississippi, 387 So. 3d 1009 (Miss. 2024). “” Miss. Code Ann. § 97-3-51 (2) (Rev. 2020).”
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