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Mississippi - Capital Homicide with 8 Aggravating Circumstances, Treason, and Aircraft Piracy
Title 97, Ch. 3, Sec. 19, Title 97, Ch. 25, Sec. 55 and Title 97, Ch. 7, Sec. 67


Miss. Code Ann. § 97-3-19

MISSISSIPPI CODE of 1972

TITLE 97. CRIMES

CHAPTER 3. CRIMES AGAINST THE PERSON

Miss. Code Ann. § 97-3-19 (2011)

§ 97-3-19. Homicide; murder defined; capital murder; lesser-included offenses


(1) The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases:

     (a) When done with deliberate design to effect the death of the person killed, or of any human being;

     (b) When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual;

     (c) When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies;

     (d) When done with deliberate design to effect the death of an unborn child.

(2) The killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases:

     (a) Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity, and with knowledge that the victim was a peace officer or fireman. For purposes of this paragraph, the term "peace officer" means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the State Tax Commission, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary;

      (b) Murder which is perpetrated by a person who is under sentence of life imprisonment;

      (c) Murder which is perpetrated by use or detonation of a bomb or explosive device;

      (d) Murder which is perpetrated by any person who has been offered or has received anything of value for committing the murder, and all parties to such a murder, are guilty as principals;

     (e) When done with or without any design to effect death, by any person engaged in the commission of the crime of rape, burglary, kidnapping, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or in any attempt to commit such felonies;

     (f) When done with or without any design to effect death, by any person engaged in the commission of the crime of felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felony;

     (g) Murder which is perpetrated on educational property as defined in Section 97-37-17;

     (h) Murder which is perpetrated by the killing of any elected official of a county, municipal, state or federal government with knowledge that the victim was such public official.

(3) An indictment for murder or capital murder shall serve as notice to the defendant that the indictment may include any and all lesser included offenses thereof, including, but not limited to, manslaughter.

HISTORY: SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 2 (3, 4); 1857, ch. 64, art. 165; 1871, § 2628; 1880, § 2875; 1892, § 1149; 1906, § 1227; Hemingway's 1917, § 957; 1930, § 985; 1942, § 2215; Laws, 1974, ch. 576, § 6(1, 2); Laws, 1983, ch. 429, § 1; Laws, 1992, ch. 508, § 1; Laws, 1996, ch. 422, § 3; Laws, 1998, ch. 588, § 1; Laws, 2000, ch. 516, § 134; Laws, 2004, ch. 393, § 1; Laws, 2004, ch. 515, § 2, eff from and after passage (approved May 4, 2004.)


§ 97-7-67. Treason; punishment

If any person shall levy war against this state, or adhere to its enemies, giving them aid and comfort, he shall be guilty of treason, and, shall, upon conviction, suffer death or imprisonment for life in the state penitentiary.

HISTORY: SOURCES: Codes, Hutchinsons's 1848, ch. 64, art. 12, Title 2 (2); 1857, ch. 64, art. 236; 1871, § 2688; 1880, § 2965; 1892, § 1313; 1906, § 1387; Hemingway's 1917, § 1130; 1930, § 1160; 1942, § 2397; Laws, 1977, ch. 458, § 8, eff from and after passage (approved April 13, 1977).



Miss. Code Ann. § 97-25-55

MISSISSIPPI CODE of 1972

TITLE 97. CRIMES

CHAPTER 25. OFFENSES AFFECTING RAILROADS, PUBLIC UTILITIES AND CARRIERS

Miss. Code Ann. § 97-25-55 (2011)

§ 97-25-55. Aircraft piracy; boarding aircraft with dangerous or deadly weapon or instrument

(1) The offense of aircraft piracy is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any aircraft within the airspace jurisdiction of the State of Mississippi. Any person convicted of the offense of aircraft piracy shall suffer death or imprisonment for life in the state penitentiary.

(2) The offense of assault with the intent to commit aircraft piracy is defined as an intimidation, threat, assault or battery toward any flight crew member or flight attendant (including any steward or stewardess) of such aircraft so as to interfere with the performance of duties by such member or attendant to perform his duties, with the intent to commit aircraft piracy as defined in subsection (1) of this section. Any person convicted of the offense of assault with intent to commit aircraft piracy shall serve a term not to exceed twenty (20) years or be fined a sum not to exceed ten thousand dollars ($ 10,000.00), or both.

Any person who, in the commission of such intimidation, threat, assault or battery with the intent to commit aircraft piracy, employs a dangerous or deadly weapon or other means capable of inflicting serious bodily injury shall serve a term not to exceed fifty (50) years or be fined a sum not to exceed twenty thousand dollars ($ 20,000.00), or both.

(3) Any person who boards an aircraft with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his person or effects shall, upon conviction, serve a term not to exceed ten (10) years or be fined a sum not to exceed five thousand dollars ($ 5,000.00), or both. The prohibition of this subsection shall not apply to duly elected or appointed law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons who are in possession of weapons or means with the consent of the owner of such aircraft, or his agent, or the lessee or bailee of such aircraft.

(4) Anyone accused of violating subsection (1), (2) or (3) of this section shall be indicted and tried as provided by section 99-11-19.

HISTORY: SOURCES: Laws, 1974, ch. 576, § 2; Laws, 1977, ch. 458, § 9, eff from and after passage (approved April 13, 1977).



Source: Mississippi State Legislature, "Mississippi Code of 1972," www.billstatus.ls.state.ms.us (accessed Sep. 5, 2012)