Mississippi Code
Miss. Code Ann. § 99-37-1 (2024)
Definitions
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
As used in this chapter:
- (a) "Criminal activities" shall mean any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.
- (b) "Pecuniary damages" shall mean all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities and shall include, but not be limited to, the money equivalent of property taken, destroyed, broken or otherwise harmed, and losses such as medical expenses.
- (c) "Restitution" shall mean full, partial or nominal payment of pecuniary damages to a victim.
- (d) "Victim" shall mean any person whom the court determines has suffered pecuniary damages as a result of the defendant's criminal activities. "Victim" shall not include any coparticipant in the defendant's criminal activities, or any person knowingly participating in a criminal act at the time he became a victim.
Laws, 1978, ch. 400, § 1; Laws, 1992, ch. 422, § 1, eff. 5/4/1992.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1984–2021 · leading case: Butler v. State, 544 So. 2d 816 (Miss. 1989).
Butler v. State, 544 So. 2d 816 (Miss. 1989). “Miss. Code Ann. § 99-37-1 et seq. Victim restitution in the criminal process is an issue in this appeal.”
City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000). “Miss.Code Ann. § 99-37-1(a) (1994) ("Criminal activities" shall mean any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant).”
Aucoin v. State, 17 So. 3d 142 (Miss. Ct. App. 2009). “Restitution is only allowed to the victim as defined in Section 99-37-1 Mississippi Code Annotated 1972 and, if required, under Section 99-37-3 Mississippi Code Annotated 1972.”
Cummings v. State, 58 So. 3d 715 (Miss. Ct. App. 2011). “" Miss.Code Ann. § 99-37-1(a) (Rev.2007). ¶ 25.”
Salts v. State, 984 So. 2d 1050 (Miss. Ct. App. 2008). “Section 99-37-1(b) defines pecuniary damages as "all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the .”
Sims v. State, 134 So. 3d 300 (Miss. 2014). “On appeal, the defendant challenged the payments, arguing that they were outside the scope of Mississippi Code Section 99-37-1. Id. ¶ 16. Examining the statutory language, the Butler Court recognized that “it appears that the payment of restitution is not limited only to the…”
Johnny Ray Sims v. State of Mississippi, 227 So. 3d 1167 (Miss. Ct. App. 2017). “at 303 (¶ 7) (quoting Miss. Code Ann. § 99-37-1 (d) (Rev. 2015)).”
Weary v. State, 155 So. 3d 866 (Miss. Ct. App. 2013). “Even though not raised by Weary, we acknowledge that the oral pronouncement transcribed on February 1, 2008, contained no order of restitution, but the written order filed on February 11, 2008, indeed included restitution.”
Sims v. State, 134 So. 3d 317 (Miss. Ct. App. 2013). “” Miss.Code Ann. § 99-37-1 (a), (d) (Rev.2007).”
Moses I. Lewis, Jr. v. Morris Thigpen, Comm'r, Dep't of Corr., Defendants, 767 F.2d 252 (5th Cir. 1985). “Miss.Code Ann. §§ 99-37-1 through 99-37-19 provide for restitution to victims of crimes.”
Pratt v. State, 486 A.2d 1154 (Del. 1984). “-12(l)(a) (West 1979); Miss.Code Ann. § 99-37-1(d) (Supp.1981); N.”
In Interest of BD, 720 So. 2d 476 (Miss. 1998). “Although not controlling, it is helpful to note that Miss.Code Ann. § 99-37-1 (1994), mentioned earlier, does specifically *482 define "victim" for the purpose of that act to include "any person whom the court determines has suffered pecuniary damages as a result of the…”
Miss. Code Ann. § 99-37-1(1): 1 case
Yeatman v. State, 90 So. 3d 1239 (Miss. 2012).
Miss. Code Ann. § 99-37-1(a): 5 cases
City of Jackson v. Perry, 764 So. 2d 373 (Miss. 2000). “Miss.Code Ann. § 99-37-1(a) (1994) ("Criminal activities" shall mean any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant).”
Cummings v. State, 58 So. 3d 715 (Miss. Ct. App. 2011). “" Miss.Code Ann. § 99-37-1(a) (Rev.2007). ¶ 25.”
Weary v. State, 155 So. 3d 866 (Miss. Ct. App. 2013). “Even though not raised by Weary, we acknowledge that the oral pronouncement transcribed on February 1, 2008, contained no order of restitution, but the written order filed on February 11, 2008, indeed included restitution.”
Smith v. State, 130 So. 3d 1187 (Miss. Ct. App. 2014).
Steven Brooks Russell a/k/a Steve Russell v. State of Mississippi, 364 So. 3d 688 (Miss. Ct. App. 2021).
Miss. Code Ann. § 99-37-1(b): 1 case
Salts v. State, 984 So. 2d 1050 (Miss. Ct. App. 2008). “Section 99-37-1(b) defines pecuniary damages as "all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the .”
Miss. Code Ann. § 99-37-1(c): 1 case
Salts v. State, 984 So. 2d 1050 (Miss. Ct. App. 2008). “Section 99-37-1(b) defines pecuniary damages as "all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the .”
Miss. Code Ann. § 99-37-1(d): 3 cases
Sims v. State, 134 So. 3d 317 (Miss. Ct. App. 2013). “” Miss.Code Ann. § 99-37-1 (a), (d) (Rev.2007).”
Pratt v. State, 486 A.2d 1154 (Del. 1984). “-12(l)(a) (West 1979); Miss.Code Ann. § 99-37-1(d) (Supp.1981); N.”
Weary v. State, 155 So. 3d 866 (Miss. Ct. App. 2013). “Even though not raised by Weary, we acknowledge that the oral pronouncement transcribed on February 1, 2008, contained no order of restitution, but the written order filed on February 11, 2008, indeed included restitution.”
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