Mississippi Code

Miss. Code Ann. § 99-37-3 (2026)

Imposition and amount of restitution

✓ current as of July 2026

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(1) When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim; provided, however, that the justice court shall not order restitution in an amount exceeding Five Thousand Dollars ($5,000.00).

(2) In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:
- (a) The financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant;
- (b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and
- (c) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.

(3) If the defendant objects to the imposition, amount or distribution of the restitution, the court shall, at the time of sentencing, allow him to be heard on such issue.

(4) If the court determines that restitution is inappropriate or undesirable, an order reciting such finding shall be entered, which should also state the underlying circumstances for such determination.

Laws, 1978, ch. 400, § 2; Laws, 1990, ch. 379, § 1; Laws, 2003, ch. 314, § 1, eff. 7/1/2003.

Notes of Decisions

Cited in 28 cases (3 in the last 5 years), 1986–2023 · leading case: John Lee Franklin v. State of Mississippi, 170 So. 3d 481 (Miss. 2015).

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John Lee Franklin v. State of Mississippi, 170 So. 3d 481 (Miss. 2015). · cites it 15× “” Miss. Code Ann. § 99-37-3 (1). Section 99-37-3(2) requires the trial court to consider the following: (a) The financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant; (b) The ability…”

Cummings v. State, 58 So. 3d 715 (Miss. Ct. App. 2011). · cites it 16× “Mississippi Code Annotated section 99-37-3(1) (Rev.2007) allows the court to order restitution, stating: When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the court may order that the…”

Green v. State, 631 So. 2d 167 (Miss. 1994). · cites it 5× “Miss. Code Ann. §§ 99-37-3 (1) and 99-37-1(a), (b), and (c) (Supp.”

Harris v. State, 757 So. 2d 195 (Miss. 2000). · cites it 8× “Miss.Code Ann. § 99-37-3 (1994) grants authority to the trial court to order restitution as well as serve time for a criminal offense.”

Powell v. State, 536 So. 2d 13 (Miss. 1988). · cites it 8× “With regard to the claim of expenses, Section 99-37-3, Mississippi Code Annotated (1972), as Amended, provides in part as follows: (1) When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the…”

Butler v. State, 544 So. 2d 816 (Miss. 1989). · cites it 4× “Under § 99-37-3, the restitution statute specifically provides that a convicted defendant may be required to pay restitution in addition to any other sentence that the trial court may impose.”

Aucoin v. State, 17 So. 3d 142 (Miss. Ct. App. 2009). · cites it 4× “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.”

Sims v. State, 134 So. 3d 300 (Miss. 2014). · cites it 6× “Miss.Code Ann. § 99-37-3 (Rev.2007). The restitution statute includes the following definitions: "Criminal activities” shall mean any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.”

Shook v. State, 552 So. 2d 841 (Miss. 1989). · cites it 2× “Section 99-37-3(3), MCA (1972), as amended, states: If the defendant objects to the imposition, amount or distribution of the restitution the court shall, at the time of sentencing, allow him to be heard on such issue.”

Willis v. State, 904 So. 2d 200 (Miss. Ct. App. 2005). · cites it 2× “Specifically, Willis argues that it was error for the court to order restitution for the victim's children and that it was also error for the court to banish him from Marion County.”

William Travis Lowell v. State of Mississippi, 229 So. 3d 1054 (Miss. Ct. App. 2017). · cites it 2× “But the statute, Mississippi Code Annotated section 99-37-3 (Rev. 2015), only places such a limitation on justice courts.”

Sims v. State, 134 So. 3d 317 (Miss. Ct. App. 2013). · cites it 6× “Miss.Code Ann. § 99-37-3(1) (Rev.2007). Section 99-37-3(1) states that restitution may be ordered “[w]hen a person is convicted of criminal activities which have resulted in pecuniary damages.”

Show all 28 citing cases →

— Miss. Code Ann. § 99-37-3(1) — 11 cases

Cummings v. State, 58 So. 3d 715 (Miss. Ct. App. 2011). “Mississippi Code Annotated section 99-37-3(1) (Rev.2007) allows the court to order restitution, stating: When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the court may order that the…”

John Lee Franklin v. State of Mississippi, 170 So. 3d 481 (Miss. 2015). “” Miss. Code Ann. § 99-37-3 (1). Section 99-37-3(2) requires the trial court to consider the following: (a) The financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant; (b) The ability…”

Sims v. State, 134 So. 3d 317 (Miss. Ct. App. 2013). “Miss.Code Ann. § 99-37-3(1) (Rev.2007). Section 99-37-3(1) states that restitution may be ordered “[w]hen a person is convicted of criminal activities which have resulted in pecuniary damages.”

Harris v. State, 757 So. 2d 195 (Miss. 2000). “Miss.Code Ann. § 99-37-3 (1994) grants authority to the trial court to order restitution as well as serve time for a criminal offense.”

Williams v. State, 155 So. 3d 892 (Miss. Ct. App. 2014).

— Miss. Code Ann. § 99-37-3(2) — 6 cases

Green v. State, 631 So. 2d 167 (Miss. 1994). “Miss. Code Ann. §§ 99-37-3 (1) and 99-37-1(a), (b), and (c) (Supp.”

Micah Washington a/k/a Micah L. Washington v. State of Mississippi (Miss. Ct. App. 2023).

James Turner a/k/a James Jafre Turner v. State of Mississippi (Miss. Ct. App. 2020).

— Miss. Code Ann. § 99-37-3(3) — 9 cases

Powell v. State, 536 So. 2d 13 (Miss. 1988). “With regard to the claim of expenses, Section 99-37-3, Mississippi Code Annotated (1972), as Amended, provides in part as follows: (1) When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the…”

Shook v. State, 552 So. 2d 841 (Miss. 1989). “Section 99-37-3(3), MCA (1972), as amended, states: If the defendant objects to the imposition, amount or distribution of the restitution the court shall, at the time of sentencing, allow him to be heard on such issue.”

Harris v. State, 757 So. 2d 195 (Miss. 2000). “Miss.Code Ann. § 99-37-3 (1994) grants authority to the trial court to order restitution as well as serve time for a criminal offense.”

Butler v. State, 544 So. 2d 816 (Miss. 1989). “Under § 99-37-3, the restitution statute specifically provides that a convicted defendant may be required to pay restitution in addition to any other sentence that the trial court may impose.”

Sims v. State, 134 So. 3d 300 (Miss. 2014). “Miss.Code Ann. § 99-37-3 (Rev.2007). The restitution statute includes the following definitions: "Criminal activities” shall mean any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.”

— Miss. Code Ann. § 99-37-3(4) — 1 case

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