MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary B

By: Representative Gipson

House Bill 702

AN ACT TO DEFINE CRIMES OF VIOLENCE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  For purposes of Sections 47-7-3, 99-19-83 and 99-15-107, a crime of violence means a felonious offense under the laws of this state or of another state or of the United States that has as an element, the use, attempted use or threatened use of physical force against the person or property of another or that, by its very nature involves a substantial risk that physical force against the person or property of another may be used, or an offense involving the use or possession of a dangerous or deadly weapon.  A "crime of violence" includes, but is not limited to:

          (a)  Capital murder, first and second degree murder and attempted murder;

          (b)  All forms of manslaughter;

          (c)  The killing of an unborn child, as defined by Section 97-3-37;

          (d)  Offenses as defined by Section 63-11-30(5) and Section 63-11-30(12)(d);

          (e)  All felonious forms of assault and domestic violence;

          (f)  Kidnapping;

          (g)  Human trafficking;

          (h)  Mayhem;

          (i)  Poisoning with intent to kill or injure or to kill, regardless of whether death ensued;

          (j)  Rape as defined by Section 97-3-65(4)(a) and assault with intent to ravish;

          (k)  Robbery, with or without the use or exhibition of a deadly weapon;

          (l)  Extortion involving the threat of physical force against the person or property of another;

          (m)  Sexual battery, including sexual battery of a vulnerable person;

          (n)  Aggravated stalking;

          (o)  Drive-by shooting and drive-by bombing;

          (p)  Carjacking, with or without the use of a firearm or other deadly weapon;

          (q)  Gratification of lust or fondling as defined by Section 97-5-23 and Section 43-47-18(2)(a) or (b);

          (r)  Felonious neglect, abuse or battery of a child;

          (s)  Intimidation of judge, juror, witness, attorney or other officer;

          (t)  Burglary of a dwelling; burglary with explosives;

          (u)  Shooting into a dwelling house;

          (v)  Arson, as defined by Section 97-17-1, 97-17-3 or 97-17-5;

          (w)  Possession of a firearm or other weapons by a convicted felon, as defined by Section 97-37-5(1);

          (x)  The use or deployment of explosives and weapons of mass destruction, as defined by Section 97-37-25;

          (y)  Felonious abuse or battery of a vulnerable person;

          (z)  Any attempt or conspiracy to commit any crime of violence.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.