New Crimes and Harsher Penalties Won’t Make Mississippi Safer

New crimes and harsher penalties waste taxpayer dollars without any contribution to public safety.

This year, our lawmakers faced the opportunity to vote for or against bills that included almost 20 new crimes and harsher penalties for which Mississippians could be charged. Amongst the proposed bills included:

  • Up to three years in prison for failing to file the proper paperwork when buying or selling scrap metal;
  • Up to five years in prison for misinterpreting the intentions behind a crime; and
  • Up to four months in prison for obstructing traffic without a permit.

In many cases, these bills were politically inspired by recent events in the news—they had no relation to policy research or the experiences of everyday Mississippians.

Luckily, all but two of these bills failed (scroll below for more details).

New crimes and harsher penalties are proposed every year, wasting lawmakers’ time and taxpayer dollars without any contribution to public safety.

The Mississippi Legislature has made some strides with bipartisan support to improve the state’s criminal justice system. For example, lawmakers have taken action to advance parole reform over the past several years, making new categories of offenses eligible for parole. Additionally, the creation of the Criminal Justice Oversight Task Force addresses improving public safety and ensuring efficient spending of taxpayer dollars. Yet, new crimes and harsher penalties pull us ten steps back with every hard-fought step forward.

Studies on the effects of harsher punishments through habitual offender laws, for example, show no evidence that raising the stakes of unlawful conduct has any impact on crime reduction. In fact, longer sentences correlate with higher rates of recidivism—the opposite outcome of what legislators concerned with mass incarceration want to achieve. The creation of more crimes and harsher punishments also carries enormous financial burdens for the American taxpayer. One estimate finds the U.S. spends $1 trillion per year to implement these laws, and that’s before the nearly $20,000 per year it costs to incarcerate a single individual in Mississippi.

Mississippi does not need these laws. Mississippi does not need more people in prisons and jails, taking money out of the economy and feeding it into the mass incarceration machine. Our law enforcement officers don’t need more laws to enforce, our prosecutors don’t need more people to prosecute, and our communities don’t need more risk of being torn apart.

Mississippi needs data-driven policies that are smart on crime. The vast majority of people who go to prison have a mental illness, substance use disorder, or traumatic brain injury—we need laws that connect Mississippians with the mental health care necessary to keep our communities safe. We need public money to serve the public good. And while we work in coalition to make these necessary reforms a reality, we ask only that lawmakers not make things worse.

Next legislative session, we hope to see no new crimes and no harsher penalties.  

New Crimes/Penalties Bill Review

House Bill 24

This bill would create “The Combatting Violence, Disorder and Looting and Law Enforcement Protection Act of Mississippi.”

Failed bill
  • Crime: (Felony) Anyone who “acts with” an assembly of six or more people, knowing that the assembly’s conduct creates “immediate danger” to persons or property, “substantially obstructs” government functions, or disturbs any person’s legal rights by force or threat of force
    • Punishment: Up to three years of incarceration and/or up to $5,000 fine
  • Crime: (Felony) Out-of-state travel to Mississippi with the intent to participate in a “violent or disorderly assembly”
    • Punishment: Between three and six years of incarceration and/or up to $5,000 fine
  • Crime: (Misdemeanor) Obstructing or interfering with “the regular flow of vehicular traffic” on a public road during a protest or demonstration without a permit
    • Punishment: Up to $400 fine and/or imprisonment in the county jail for up to four months
  • Crime: (Felony) Obstructing or interfering with “the regular flow of vehicular traffic” on a public road during while participating in a violent or disorderly assembly
    • Punishment: Up to two years imprisonment and/or up to $3,000 fine
  • Crime: (Misdemeanor; Felony) Throwing an object with the intent of harming another while participating in a violent or disorderly assembly
    • Punishment: Up to six months imprisonment in the county jail and/or up to $500 fine if they miss; up to two years imprisonment and/or up to $2,000 fine if the target is hit; up to five years imprisonment and/or up to $5,000 fine if a law enforcement officer is hit
  • Crime: (Felony) “[Demolishing], [pulling down], [destroying], or [defacing] public property” while participating in a violent or disorderly assembly
    • Punishment: Up to two years imprisonment and/or up to $2,000 fine
  • Crime: (Misdemeanor) Intimidating or harassing individuals at a public accommodation while participating in a violent or disorderly assembly
    • Punishment: Up to 6 months imprisonment in the county jail and/or up to $500 fine
  • Crime: (Misdemeanor) Intentionally interfere with “the normal or ordinary free use” of vehicles on a public street or pedestrians on a public sidewalk while participating in a violent or disorderly assembly
    • Punishment: Between four and 12 months imprisonment in the county jail and/or a fine between $500 and $1,000

House Bill 411

This bill would revise sentencing options for the crime of voyeurism, decreasing the age of conviction from 21 to 18 years old.

Failed bill
  • Crime: (Felony) Voyeurism by looking through an opening in order to spy on another person
    • Punishment: Up to five years imprisonment

House Bill 580

This bill would make abortion a felony offense.

Failed bill
  • Crime: (Felony) To willfully and knowingly cause or attempt to cause an abortion
    • Punishment: Between one and 10 years incarceration and between $25,000 and $50,000 fine

This amends the existing law in several ways. Current law does not criminalize these acts if the same was done by a physician in order to preserve the mother’s life and/or if the pregnancy was caused by rape. The prison sentence is the same in current law; however, current law does not include a fine.

 

  • Crime: (Felony) Distributing anything intended to cause an unlawful abortion (including informational pamphlets)
    • Punishment: Between one and 10 years imprisonment and between $25,000 and $50,000 fine

This offense is currently a misdemeanor whose punishment is a fine between $25 and $200 and up to three months imprisonment in the county jail.

  • Crime: (Felony) Knowingly or recklessly performing or attempting to induce an abortion
    • Punishment: A murder charge with punishment as provided by law

Existing law makes an exception for lawful abortions. Further, the offense under existing law is a misdemeanor punishable by a $1,000 fine and/or up to six months in county jail.

  • Crime: (Felony) Any physician knowingly performing a “partial-birth abortion” 
    • Punishment: A murder charge with punishment as provided by law

Existing law punishes this crime with a fine up to $25,000 and/or up to two years of imprisonment. Existing law also makes exceptions for partial-birth abortions that are necessary to save the life of a mother.

  • Crime: (Felony) To knowingly provide or prescribe any abortion-inducing drug for the purpose of inducing an abortion
    • Punishment: Between one and 10 years imprisonment and a fine between $25,000 and $50,000

Existing law says this behavior is unlawful if done by a non-physician. Further, existing law does not cite a specific punishment to correspond with the unlawful conduct. 

House Bill 598

This is an act relating to the seizure and forfeiture of property in certain criminal actions.

Failed bill
  • Crime: “An offense that authorizes the forfeiture of property” (undefined)
    • Punishment: The court may order the person to forfeit any property directly related to the underlying offense, and any property used “in any manner or part” to facilitate the commission of the offense

House Bill 605

This bill creates the crie of indecent assault

Failed bill
  • Crime: Intentionally touching “an intimate part” of another person without their consent and for sexual purposes.
    • Punishment: Up to $500 fine and/or up to six months in the county jail

House Bill 607

This bill allows first-degree murder to apply when the unlawful distribution of certain substances is the proximate cause of someone’s death.

Passed bill
  • Crime: (Felony) Engaging in the unlawful distribution of any Schedule I, II, III, IV, and/or V substance “with deliberate design” when such substance is the proximate cause of a deceased person’s death, unless the distributer seeks medical assistance or assists in good faith for the person experiencing the overdose
    • Punishment: A first-degree murder conviction and its accompanying punishments 

House Bill 613

This bill creates “The Combatting Violence, Disorder and Looting and Law Enforcement Protection Act of Mississippi.”

Failed bill

See House Bill 24 above for the same language.

House Bill 621

This bill increases penalties for the crime of fleeing from law enforcement in a motor vehicle from 5 to 10 years.

Failed bill
  • Crime: (Felony) Willfully failing to obey a signal by law enforcement to bring one’s motor vehicle to a stop, and doing so in such a way that indicates reckless or willful disregard for the safety of persons or property
    • Punishment: Up to $5,000 fine and/or up to 10 years imprisonment

House Bill 646

This bill creates the Secure Voting Act.

Failed bill
  • Crime: (Felony) Distributing, or using public funds to help distribute, absentee ballots or absentee ballot applications to those who did not legally request one from a state employee
    • Punishment: Up to $5,000 fine and/or up to one year imprisonment in the county jail or between one and 10 years in the State Penitentiary

House Bill 789

This bill makes false allegations that a felony or misdemeanor was committed because of the actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of any person unlawful.

Failed bill
  • Crime: (Felony) To knowingly make false allegations that a felony or misdemeanor crime was committed because of the actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of any person
    • Punishment: Between one and five years imprisonment, and at least $5,000 fine plus additional attorney’s fees, costs for law enforcement compensation, and/or court costs and fees related to the allegations

House Bill 948

This bill prohibits abortion-inducing drugs without the informed consent of the pregnant person.

Failed bill
  • Crime: (Felony) Willfully disclosing confidential identifying information related to the provision of an abortion-inducing drug
    • Punishment: Up to three years imprisonment and/or a $5,000 fine
  • Crime: (Felony) Submitting a false form under this act
    • Punishment: Up to three years imprisonment and/or a $5,000 fine

House Bill 1106

This bill increases the penalties for a person convicted of willfully obstructing a sidewalk or highway.

Failed bill
  • Crime: Willfully obstructing the “free, convenient and normal use” of any public passageway, such as a sidewalk or highway
    • Punishment: For a first offense, up to $1,500 fine and/or up to one year imprisonment in the county jail; for a second offense, between 30 days and one year imprisonment in the county jail and up to $2,500 fine

The punishment for this offense under current law is up to $500 in fines and/or up to six month imprisonment in the county jail.

House Bill 1126

This bill says that no government official shall solicit or accept anything of value for purposes of conducting elections in Mississippi.

Failed bill
  • Crime: (Felony) A government official receiving donations for the purposes of conducting elections in Mississippi
    • Punishment: Up to $5,000 fine and/or up to one year imprisonment in the county jail, or between one and 10 years imprisoned in the State Penitentiary

Senate Bill 2005

This bill creates the Mississippi Heritage Protection Act.

Failed bill
  • Crime: (Misdemeanor) Altering any public item associated with certain wars and conflicts or preventing its protection as determined by the public body responsible for it
    • Punishment: If the property was not damaged, up to $10,000 fine and/or up to six months imprisonment; if the property was damaged, up to one year imprisonment and liability for the property’s repair

Senate Bill 2044

This bill makes a second offense of shoplifting within five years of the first conviction of shoplifting a felony.

Failed bill
  • Crime: (Felony) Receiving a second shoplifting conviction
    • Punishment: When the offense occurred within five years of the first shoplifting conviction, up to $1,000 fine and/or up to two years imprisonment

 

Note: Current shoplifting law punishes the second offense as a misdemeanor with the same fine but a term of imprisonment up to only six months

Senate Bill 2229

This bill creates the offense of chemical endangerment of a child/fetus.

Failed bill
  • Crime: (Felony) A person commits the crime of chemical endangerment of a child if they knowingly, recklessly or intentionally cause or permit a child to be exposed to, ingest or inhale, have contact with a controlled substance or precursor drug or chemical as defined in Section 41-29-313.
    • Punishment:  Up to five (5) years if the child or fetus suffers serious physical injury by exposure to, ingestion of, inhalation of or contact with a controlled substance or precursor drug or chemical substance.

Up to twenty (20) years if the exposure to, ingestion of, inhalation of or contact with a controlled substance or precursor drug or chemical substance results in the death of the child or fetus.

Senate Bill 2245

This bill revises the sentencing options for voyeurism.

Passed bill
  • Crime: (Felony) Defines voyeurism as any person who enters a property, legal or not, and pries or peeps through a window or other opening in a dwelling or other building structure for lewd, licentious and indecent purposes of spying upon the occupants. They will be guilty of felonious trespass. Additionally, any person who looks through a window, hole or opening, or otherwise and uses instruments such as, but not limited to, a periscope, telescope, binoculars, drones, camera, motion-picture camera, camcorder or mobile phone, into the interior of a bedroom, bathroom, changing room, fitting room, dressing room, spa, massage room or therapy room or tanning booth, or the interior of any other area in which a person has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons without their consent or knowledge for lewd, licentious and indecent purposes of spying upon the occupant or occupants will be guilty of a felony.
    • Punishment:  Up to five (5) years if a person is over the age of eighteen (18) at the time of the offense and is convicted.

The current law applies to persons who were over the age of 18, rather than 21, at the time of the offense. 

Senate Bill 2540

This bill revises the crim and penalty for rape.

Failed bill
  • Crime: (Felony) Defines the crime of rape as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, whether or not his or her spouse, against a person’s will, by force, threat or intimidation; or without their consent; or committed against a person who is physically or mentally helpless, or incapacitated.
    • Punishment:  Up to thirty (30) years imprisonment for those convicted for rape under this section and for a second offense a sentence of imprisonment for up to forty (40) years.

House Bill 626

This bill revises provisions that regulate scrap metal.

Failed bill
  • Crime: (Misdemeanor; Felony) For anyone engaged with the scrap metal business to fail to register with the Secretary of State
    • Punishment: (Misdemeanor) Fine between $500 and $1,000 for the first offense; (Felony) up to 3 years imprisonment, $5,000 fine, or both for subsequent violations