Miss. Code Ann. §
97-3-107.
Stalking. (2000)
(1)
Any
person who willfully, maliciously and repeatedly follows or harasses another
person, or who makes a credible threat, with the intent to place that person in
reasonable fear of death or great bodily injury is guilty of the crime of stalking,
and upon conviction thereof 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. A violation of this
subsection by a person required to register as a sex offender for a sex offense
listed in Section 45-33-23, in this state or another jurisdiction, whether
state, federal or military, where the victim is under the age of eighteen (18)
years, is a felony subject to a fine of Two Thousand Dollars ($ 2,000.00) and
imprisonment for two (2) years in the State
Penitentiary.
(2)
Any
person who violates subsection (1) of this section when there is a valid
temporary restraining order, ex parte protective order, protective order after
hearing, court approved consent agreement, or an injunction issued by a
municipal, justice, county, circuit or chancery court, federal or tribal court
or by a foreign court of competent jurisdiction in effect prohibiting the
behavior described in subsection (1) of this section against the same party,
shall be punishable by imprisonment in the county jail for not more than one (1)
year and by a fine of not more than One Thousand Five Hundred Dollars ($
1,500.00). A violation of this subsection by a person required to register as a
sex offender for a sex offense listed in Section 45-33-23, in this state or
another jurisdiction, whether state, federal or military, where the victim is
under the age of eighteen (18) years, is a felony subject to a fine of Three
Thousand Dollars ($ 3,000.00) and imprisonment for two (2) years in the State
Penitentiary.
(3)
A
second or subsequent conviction occurring within seven (7) years of a prior
conviction under subsection (1) of this section against the same victim, and
involving an act of violence or "a credible threat" of violence as defined in
subsection (5) of this section, shall be punishable by imprisonment for not more
than three (3) years and by a fine of not more than Two Thousand Dollars ($
2,000.00). A second or subsequent conviction under this subsection by a person
required to register as a sex offender for a sex offense listed in Section
45-33-23, in this state or another jurisdiction, whether state, federal or
military, where the victim is under the age of eighteen (18) years, is
punishable by imprisonment for six (6) years in the State Penitentiary and a
fine of Four Thousand Dollars ($ 4,000.00).
(4)
For the
purposes of this section, "harasses" means a knowing and willful course of
conduct directed at a specific person which seriously alarms, annoys, or
harasses the person, and which serves no legitimate purpose. The course of
conduct must be such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial emotional distress to
the person. "Course of conduct" means a pattern of conduct composed of a series
of acts over a period of time, however short, evidencing a continuity of
purpose. Constitutionally protected activity is not included within the meaning
of "course of conduct."
(5)
For the
purposes of this section, "a credible threat" means a threat made with the
intent and the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or her
safety.
Miss. Code Ann. § 97-45-15.
"Cyberstalking;" penalties. (2003)
(1)
It is
unlawful for a person to:
(a)
Use in
electronic mail or electronic communication any words or language threatening to
inflict bodily harm to any person or to that person's child, sibling, spouse or
dependent, or physical injury to the property of any person, or for the purpose
of extorting money or other things of value from any
person.
(b)
Electronically mail or
electronically communicate to another repeatedly, whether or not conversation
ensues, for the purpose of threatening, terrifying or harassing any
person.
(c)
Electronically mail or
electronically communicate to another and to knowingly make any false statement
concerning death, injury, illness, disfigurement, indecent conduct, or criminal
conduct of the person electronically mailed or of any member of the person's
family or household with the intent to threaten, terrify or
harass.
(d)
Knowingly permit an electronic
communication device under the person's control to be used for any purpose
prohibited by this section.
(2)
Whoever
commits the offense of cyberstalking
shall be punished, upon conviction:
(a)
Except
as provided herein, the person is guilty of a felony punishable by imprisonment
for not more than two (2) years or a fine of not more than Five Thousand Dollars
($ 5,000.00), or both.
(b)
If any
of the following apply, the person is guilty of a felony punishable by
imprisonment for not more than five (5) years or a fine of not more than Ten
Thousand Dollars ($ 10,000.00), or both:
(i)
The
offense is in violation of a restraining order and the person has received
actual notice of that restraining order or posting the message is in violation
of an injunction or preliminary injunction.
(ii)
The
offense is in violation of a condition of probation, a condition of parole, a
condition of pretrial release or a condition of release on bond pending
appeal.
(iii)
The
offense results in a credible threat being communicated to the victim, a member
of the victim's family, or another individual living in the same household as
the victim.
(iv)
The
person has been previously convicted of violating this section or a
substantially similar law of another state, a political subdivision of another
state, or of the United States.
(3)
This
section does not apply to any peaceable, nonviolent, or nonthreatening activity
intended to express political views or to provide lawful information to others.
This section shall not be construed to impair any constitutionally protected
activity, including speech, protest or assembly.
Miss. Code Ann. §
97-3-85.
Threats and intimidation; by letter or
notice. (1972)
If any person shall post, mail, deliver, or
drop a threatening letter or notice to another, whether such other be named or
indicated therein or not, with intent to terrorize or to intimidate such other,
he shall, upon conviction, be punished by imprisonment in the county jail not
more than six months, or by fine not more than five hundred dollars, or
both.
Miss. Code Ann. § 97-29-45.
Obscene
electronic
communications. (2002)
(1)
It
shall be unlawful for any person or persons:
(a)
To make
any comment, request, suggestion or proposal by means of telecommunication or
electronic communication which is obscene,
lewd or lascivious with intent to abuse, threaten or harass any party to a
telephone conversation, telecommunication or electronic
communication;
(b)
To make
a telecommunication or electronic communication with intent to terrify,
intimidate or harass, and threaten to inflict injury or physical harm to any
person or to his property;
(c)
To make
a telephone call, whether or not conversation ensues, without disclosing his
identity and with intent to annoy, abuse, threaten or harass any person at the
called number;
(d)
To make
or cause the telephone of another repeatedly or continuously to ring, with
intent to harass any person at the called number;
(e)
To make
repeated telephone calls, during which conversation ensues, solely to harass any
person at the called number; or
(f)
Knowingly to permit a computer or
a telephone of any type under his control to be used for any purpose prohibited
by this section.
(2)
Upon
conviction of any person for the first offense of violating subsection (1) of
this section, such person shall be fined not more than Five Hundred Dollars ($
500.00) or imprisoned in the county jail for not more than six (6) months, or
both.
(3)
Upon
conviction of any person for the second offense of violating subsection (1) of
this section, the offenses being committed within a period of five (5) years,
such person shall be fined not more than One Thousand Dollars ($ 1,000.00) or
imprisoned in the county jail for not more than one (1) year, or
both.
(4)
For any
third or subsequent conviction of any person violating subsection (1) of this
section, the offenses being committed within a period of five (5) years, such
person shall be guilty of a felony and fined not more than Two Thousand Dollars
($ 2,000.00) and/or imprisoned in the State Penitentiary for not more than two
(2) years, or both.
(5)
The
provisions of this section do not apply to a person or persons who make a
telephone call that would be covered by the provisions of the federal Fair Debt
Collection Practices Act, 15 USCS
Section 1692 et seq.
(6)
Any
person violating this section may be prosecuted in the county where the
telephone call, conversation or language originates in case such call,
conversation or language originates in the State of Mississippi. In case
the call, conversation or language originates outside of the State of Mississippi
then such person shall be prosecuted in the county to which it is
transmitted.
(7)
For the
purposes of this section, telecommunication and electronic communication mean
and include any type of telephonic, electronic or radio communications, or
transmission of signs, signals, data, writings, images and sounds or
intelligence of any nature by telephone, including cellular telephones, wire,
cable, radio, electromagnetic, photoelectronic or photo-optical system or the
creation, display, management, storage, processing, transmission or distribution
of images, text, voice, video or data by wire, cable or wireless means,
including the Internet.
(8)
No
person shall be held to have violated this section solely for providing access
or connection to telecommunications or electronic communications services where
the services do not include the creation of the content of the communication.
Companies organized to do business as commercial broadcast radio stations,
television stations, telecommunications service providers, Internet service
providers, cable service providers or news organizations shall not be criminally
liable under this section.