Malicious Mischief

§ 97-17-67. Malicious mischief

  • (1)  Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of malicious mischief.
  • (2)  If the value of the property destroyed, disfigured or injured is One Thousand Dollars ($ 1,000.00) or less, it shall be a misdemeanor and may be punishable by a fine of not more than One Thousand Dollars ($ 1,000.00) or imprisonment in the county jail not exceeding twelve (12) months, or both if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine of not more than One Thousand Dollars ($ 1,000.00), or both. Any person convicted of a third or subsequent offense under this subsection where the value of the property is not less than Five Hundred Dollars ($ 500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years or fined an amount not exceeding One Thousand Dollars ($ 1,000.00), or both.
  • (3)  If the value of the property destroyed, disfigured or injured is in excess of One Thousand Dollars ($ 1,000.00) but less than Five Thousand Dollars ($ 5,000.00), it shall be a felony punishable by a fine not exceeding Ten Thousand Dollars ($ 10,000.00) or imprisonment in the Penitentiary not exceeding five (5) years, or both.
  • (4)  If the value of the property is Five Thousand Dollars ($ 5,000.00) or more but less than Twenty-five Thousand Dollars ($ 25,000.00), it shall be punishable by a fine of not more than Ten Thousand Dollars ($ 10,000.00) or imprisonment in the Penitentiary not exceeding ten (10) years, or both.
  • (5)  If the value of the property is Twenty-five Thousand Dollars ($ 25,000.00) or more, it shall be punishable by a fine of not more than Ten Thousand Dollars ($ 10,000.00) or imprisonment in the Penitentiary not exceeding twenty (20) years, or both.
  • (6)  In all cases restitution to the victim for all damages shall be ordered. The value of property destroyed, disfigured or injured by the same party as part of a common crime against the same or multiple victims may be aggregated together and if the value exceeds One Thousand Dollars ($ 1,000.00), shall be a felony.
  • (7)  For purposes of this statute, value shall be the cost of repair or replacement of the property damaged or destroyed.
  • (8)  Anyone who by any word, deed or act directly or indirectly urges, aids, abets, suggests or otherwise instills in the mind of another the will to so act shall be considered a principal in the commission of said crime and shall be punished in the same manner.
© Office of the District Attorney for Mississippi's 19th District 2017.