Mississippi Code
Miss. Code Ann. § 99-19-1 (2026)
Change of law not to affect prosecution or punishment of crime committed prior to change
✓ current as of July 2026
No statutory change of any law affecting a crime or its punishment or the collection of a penalty shall affect or defeat the prosecution of any crime committed prior to its enactment, or the collection of any penalty, whether such prosecution be instituted before or after such enactment; and all laws defining a crime or prescribing its punishment, or for the imposition of penalties, shall be continued in operation for the purpose of providing punishment for crimes committed under them, and for collection of such penalties, notwithstanding amendatory or repealing statutes, unless otherwise specially provided in such statutes.
Codes, 1906, § 1573; Hemingway's 1917, § 1335; 1930, § 1361; 1942, § 2608; Laws, 1902, ch. 63.
Notes of Decisions
Cited in 27
cases (2 in the last 5 years), 1983–2024 · leading case: Douglas Walters v. State of Mississippi, 206 So. 3d 524 (Miss. 2016).
Douglas Walters v. State of Mississippi, 206 So. 3d 524 (Miss. 2016). “Miss. Code Ann. § 99-19-1 (Rev. 2015). The amendment to Section 97-17-41 does not specifically provide that the Legislature intended it to apply retroactively to crimes that occurred before its effective date.”
Rubenstein v. State, 941 So. 2d 735 (Miss. 2006). “Miss.Code Ann. § 99-19-1 (1994) (emphasis added).”
Randy Charles Wilson v. State of Mississippi, 194 So. 3d 855 (Miss. 2016). “Miss. Code Ann. § 99-19-1 (Rev. 2015). ¶43.”
Zack Cozar v. State of Mississippi, 226 So. 3d 574 (Miss. 2017). “See Miss. Code Ann. § 99-19-1 (Rev. 2015). Unlike the circumstances in Barnett, it is neither clear that Cozart was aware that the thirty-year sentence would be an option, nor that he relied upon that option to escape the a potential harsher penalty.”
Timothy Allen Wilson v. State of Mississippi, 198 So. 3d 408 (Miss. Ct. App. 2016). “Nor is there any “great clarity” that the Legislature intended for the amendments to apply retroactively to pending prosecutions, such as this one.”
West v. State, 725 So. 2d 872 (Miss. 1998). “However, Miss.Code Ann. § 99-19-1(1972), expressly describes the effect of changes in the law upon the prosecution or punishment of a crime committed prior to the change.”
Brooks v. State, 18 So. 3d 833 (Miss. 2009). “See Miss.Code Ann. § 99-19-1 (Rev.2005) ("[cjhange of law not to affect prosecution or punishment of crime committed prior to change.”
King v. State, 656 So. 2d 1168 (Miss. 1995). “" Miss. Code Ann. § 99-19-1 (1972); Allen v.”
Dennis Tyrell Miller v. State of Mississippi, 225 So. 3d 12 (Miss. Ct. App. 2017). “Miss. Code Ann. § 99-19-1 (Rev. 2015). The Supreme Court has interpreted section 99-19-1 as follows: 14 This statute is a saving clause for every statute enacted which makes “a change of any law affecting a crime or its punishment” unless otherwise provided in the statute making…”
Gary v. State, 760 So. 2d 743 (Miss. 2000). “…added). Because this amendment took effect after the crime was committed, it does not apply to Gary's case. Miss.Code Ann. § 99-19-1 (1994).”
Kadarius White v. State of Mississippi, 223 So. 3d 859 (Miss. Ct. App. 2017). “at 867-68 (¶42) (quoting Miss. Code Ann. § 99-19-1 ). Concluding that “[s]ection 99-19-1 clearly requires the trial court to sentence an offender under a sentencing statute in place at the time of the crime[,]” the Wilson court held that the trial court properly sentenced the…”
Allen v. State, 440 So. 2d 544 (Miss. 1983). “Miss. Code Ann. § 99-19-1 (Supp. 1982), which has been on the books at least since 1902, provides as follows: No statutory change of any law affecting a crime or its punishment .”
— Miss. Code Ann. § 99-19-1(1972) — 1 case
West v. State, 725 So. 2d 872 (Miss. 1998). “However, Miss.Code Ann. § 99-19-1(1972), expressly describes the effect of changes in the law upon the prosecution or punishment of a crime committed prior to the change.”
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