Mississippi

(information last updated Fall 2017)

Collection of Information:

Ag-Gag Law:

“A person shall not, without the effective consent of the owner, with the intent to disrupt or damage the enterprise conducted at the animal facility:

     (a) Enter an animal facility, not then open to the public, with intent to commit an act prohibited by this act;

     (b) Remain concealed, with intent to commit an act prohibited by this act, in an animal facility; or

     (c) Enter an animal facility and commit or attempt to commit an act prohibited by this act.”  Miss. Code Ann. § 69-29-309.  If convicted, penalty shall be “a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than three (3) years, or both.”  Miss. Code . Ann. § 69-29-315.

 

“(1) A person shall not, without the effective consent of the owner, enter or remain in an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility if the person:

      (a) Had notice that the entry was forbidden; or

      (b) Received notice to depart but failed to do so.” Miss. Code. Ann. § 69-29-311.  If convicted, penalty shall be “a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both.”  Miss. Code. Ann. § 69-29-315.

 

“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.”  Miss. Code. Ann. § 69-29-303.

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.

Other Provisions:

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

 

See supra “Ag-Gag Law.”

Stalking Laws:

Criminal Law

“(1)(a)  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.

 

(b)  A person who is convicted of the crime of stalking under this section shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.”  Miss. Code Ann. § 97-3-107.

Drone Laws:

Criminal Liability for Trespass/Peeping Tom by Drone

“Any person who enters upon real property whether the original entry is legal or not, and thereafter pries or peeps through a window or other opening in a dwelling or other building structure for the lewd, licentious and indecent purpose of spying upon the occupants thereof, shall be guilty of a felonious trespass . . . [and upon conviction] shall be imprisoned in the custody of the Department of Corrections not more than five (5) years.”  Miss. Code Ann. § 97-29-61.

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.

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.

Expert Testimony:

Daubert standard.  See Mississippi Transp. Comm'n v. McLemore, 863 So. 2d 31, 35 (Miss. 2003).

Discussion

Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.