Collection of Information:

Ag-Gag Law:

“A person shall not, without the effective consent of the owner, acquire or otherwise exercise control over an animal facility, an animal from an animal facility or other property from an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility.” Miss. Code. Ann. § 69-29-305

The Animal Research or Exhibiting Facilities Protection Act further prohibits entering or remaining concealed in an animal facility, without the effective consent of the owner, “with the intent to disrupt or damage the enterprise conducted at the animal facility . . .” Id. § 69-29-309. 

“Animal facility” includes “a vehicle, building, separately secured yard, pad, pond, enclosure, structure or premises where an animal is kept, shown, handled, housed, exhibited, bred or offered for sale and any building . . . in which any commercial or academic enterprise is using warm-blooded or cold-blooded animals for food or fiber production, agriculture, research, testing, experimentation or education.”  Id. § 69-29-303(c).

Violation of these sections is punishable by “a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than three (3) years, or both.” Id. § 69-29-315(1).

Scientific Collecting Permit:

“Anyone collecting animals for scientific or conservation purposes in the State of Mississippi will need to apply for a Scientific Collection/Possession Permit[.]” Scientific Collecting, Science, Miss. Dep’t of Wildlife, Fisheries & Parks, https://www.mdwfp.com/museum/seek-study/permits/scientific-collecting/ (last visited Feb. 7, 2019); see also Miss. Code Ann. § 49-1-41.

Trespass Laws:

Criminal Liability for Trespass Despite Lack of Notice:

No.  In order for entry upon property to constitute criminal trespass, that entry must have “been forbidden . . . either orally or . . . by such sign or signs posted. . . at a place . . . where such signs may reasonably be seen.”  Miss. Code Ann. § 97-17-97(1).

Nuclear Facility Trespass:

It is a felony to “willfully enter or trespass within the premises of any [nuclear facility].”  Miss. Code Ann. § 97-17-95.

Violation of this section is punishable by “a fine not to exceed five thousand dollars ($5,000.00) or by imprisonment in the state penitentiary not to exceed five (5) years, or both such fine and imprisonment.” Id.

Stalking Laws:

Criminal Law

“Any person who purposefully engages in a course of conduct directed at a specific person, or who makes a credible threat, and who knows or should know that the conduct would cause a reasonable person to fear for his or her own safety, to fear for the safety of another person, or to fear damage or destruction of his or her property, is guilty of the crime of stalking.”  Miss. Code Ann. § 97-3-107(1)(a).

Use of Information:

Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions.

Evidentiary Standards:

Pleading a Claim:

Requires certification that “there is good ground to support” the claim.  Miss. R. Civ. P. 11(a).

Authentication or Chain of Custody:

“To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.”  Miss. R. Evid. 901(a). 

Expert Testimony:

Mississippi Rule of Evidence 702 and Daubert standard.  See Mississippi Transp. Comm’n v. McLemore, 863 So. 2d 31, 35-40 (Miss. 2003).