What Is Criminal Trespass in Mississippi?

Under Mississippi Code section 97-17-85, an individual may be charged with trespassing if they deliberately enter another's property without consent and after being warned against doing so. The warning could come in the form of a direct notice from the property owner or by signs on the property warning against trespass.

The laws governing trespass in Mississippi protect the rights of property owners to privacy and security, while also acknowledging the possibility of accidental entry, such as in the case of an emergency, or to prevent greater damage. However, any action that willfully undermines a property owner’s rights is criminal.

For instance, per Mississippi Code section 97-17-91, it is illegal to remove warning signs, deface, or alter them. Even if a person originally had consent, the property owner may withdraw it, and the person must leave if asked to do so, even if they disagree. Otherwise, they may be charged with trespassing. Basic trespassing is charged as a misdemeanor in the state of Mississippi. The sentence is up to 6 months in jail and a $500 fine.

Section 97-17-87 covers willful or malicious trespass. This statute imposes heavier penalties for willful trespass on airport operations areas and similar sensitive places. Additionally, under Section 97-17-89, it is unlawful for anyone to enter or remain on specific restricted properties without express permission. This includes locations where nuclear machinery, explosives, or such weapons are designed, manufactured, and tested.

How to Look Up Public Criminal Trespass Records in Mississippi

The first step to look up criminal trespass records in Mississippi is to identify the court that handled the matter. Circuit courts have general jurisdiction and typically handle felonies. County and justice courts typically adjudicate misdemeanor cases.

There are multiple avenues to look up trespass records - either online through the state's resources or those provided by third parties, by mail, or by visiting the courthouse in person.

Online

Interested parties may find Mississippi criminal trespass Records online through the Mississippi Electronic Courts (MEC) system. Record seekers are required to register and pay a fee of $10 for an annual subscription. On this platform, they may look up records by name or case number.

In addition, publicly available records may be found through third-party websites. These websites operate independently of government agencies and are not confined to any geographical location. Record seekers are required to provide the name and the location of the record they seek, such as the state, city, or county.

In person

To make in-person requests for criminal trespass records, having determined the court where the case was handled, record seekers may visit the office of the court clerk during working hours. They are required to provide details that could facilitate record retrieval, such as the name of the defendant, case number, and the date of filing.

By mail

To get criminal trespass records by mail, requesters must prepare a written request to be delivered to the clerk of the court that heard the case. They are required to provide the name of the defendant, case number, the personal and contact information of the requester, and the date the case was adjudicated.

Types of Criminal Trespass Offenses

In general, trespassing is a misdemeanor offense in Mississippi. However, certain circumstances may mean that it typically be charged as different types of crimes, ranging from misdemeanor to felony. Basic trespass occurs when an individual enters a property unlawfully after notice or refuses to leave after being asked to leave. This attracts a fine of $250 and/or up to 60 days in jail.

Aggravated trespass is when an individual defies a direct order from the owner asking them to vacate the property. The penalty for this is a $500 fine and up to 6 months in jail. Armed trespass is when a trespasser is armed with a firearm or a lethal weapon. This is a felony offense. It attracts a fine of $2,000 and a maximum of 5 years in prison.

Trespassing on agricultural land and construction sites where there is a conspicuous “no trespass” post is a felony offense. The sentence is up to $2,000 and up to 5 years imprisonment. The law in Mississippi emphasizes notice and intent. The individual must be aware that they are not allowed to be on the property.

Penalties for Criminal Trespass in Mississippi

There are standard sentencing guidelines for trespass offences; however, judges have the flexibility of applying discretion. For instance, in acknowledging that people make mistakes, and in prioritizing rehabilitation, they may apply alternatives to incarceration, particularly for first offenders. Also, for a violation to occur, some elements must be established beyond a reasonable doubt. These include willful trespass, the presence of a notice or communication either verbally or by “no trespassing” signs, and intent.

Under Mississippi code section 97-17-85, an individual who enters and remains on the enclosed land of another without consent and refuses to leave after being asked to vacate is guilty of trespassing. Simple trespass attracts a fine of $250 and/or up to 60 days in jail. Aggravated trespass is a more serious offense, carrying a potential penalty of up to 6 months in jail and a $500 fine. Armed trespass is a felony offense, carrying a maximum penalty of 5 years' imprisonment and a fine of $2,000.

Section 97-17-87 covers wilful or malicious trespass on real or personal property. The penalty for violation is a fine of up to $500 and/or a 6-month jail term. Similarly, section 97-17-93 covers knowingly entering the lands of another without permission. For the first offense, the penalty is a fine of $250. Subsequent offenses are punishable by a fine of $500 and possible imprisonment.

Moreover, if an individual deliberately enters the lands of another to hunt, fish, shoot, or trap, they violate section 49-7-79. The first offense attracts a penalty of $500 fine, subsequent offenses attract up to $1,500 fine and forfeiture of licenses.

Can You Be Arrested for Criminal Trespass in Mississippi?

Trespassing is an infringement on the rights of the landowner to safety and security. When an individual stays on another person's property in a manner that disturbs the peace or causes discomfort, they have violated section 97-17-85 of the Mississippi Code. If the owner calls the police or the incident is caught on surveillance camera, the individual would most likely be arrested.

Moreover, if it is established that the individual has the intent to commit a crime, the charges against them would be bumped up. Even if the location is open to the public, if the owner asks to leave, acting contrary is a violation of the law.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Mississippi

Criminal trespass and Burglary look similar, but from a legal perspective, they have different implications. As defined in Miss. Code Ann. § 97-17-23, burglary occurs when an individual breaks into and enters or remains unlawfully in a building or dwelling with the intention to commit a crime such as theft, assault, or any other felony.

In burglary, the intention to commit a crime was formed either before or at the point of unlawful entry. Such an individual who enters with a felonious intent is a direct threat to the safety of the occupants. The penalty for burglary is between 3 and 25 years in prison.

Trespass, on the other hand, occurs when an individual enters or remains in another's property without consent having been asked to leave or informed against such action. The penalty is up to 60 days in jail and/or a fine of $250.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Mississippi?

A criminal trespass charge may be dismissed or reduced in certain circumstances. If the conditions for criminal trespass violation are not met or cannot be established beyond a reasonable doubt, the charges may be dismissed. For instance, an individual who enters a property for a legitimate business purpose, such as a surveyor, is not guilty of trespassing. Also, in some situations, a person might mistakenly go onto another property.

Under Miss. Code Ann. § 99-15-26, in a case of criminal trespassing, the court may withhold acceptance of a guilty plea while deferring the sentence, provided the individual satisfies the conditions laid out. Having met the conditions, the charges against the offender may be dismissed. Subsequently, the individual is eligible to petition for expungement when the mandatory waiting time elapses.

Furthermore, community service may be used as an alternative to incarceration or as a condition for probation or deferred adjudication. In the event that community service is part of a deferred adjudication agreement, the offender may avoid a conviction record. But if it is part of a sentence or a guilty plea, the conviction may stay on the record. Although community service doesn't necessarily remove the charge, it may be a path to a more favorable outcome or case disposition.

Will a Mississippi Criminal Trespass Charge Stay on Your Record?

In Mississippi, criminal trespass conviction records remain permanently. They would show up when a background check is run on the offender. The only legal way to prevent such is to get the record sealed or expunged. If the individual was granted a diversion under or deferred adjudication, or the case was dismissed, this record would show up in a background check. However, such individuals may petition the court to get their conviction records expunged under Mississippi Code § 99-19-71(4).

They are required to copy the prosecutor as well. Individuals who were not convicted may seek expungement after the waiting period has elapsed since the case was dismissed, provided they have no pending criminal charges.

Expungement or Record Sealing Options in Mississippi

In Mississippi, sealing restricts records from public access. Only law enforcement agencies and individuals with a court order may access such records. Expungement deletes the information relating to the crime, allowing the individual to legally state that they were not convicted. Sealed and expunged records are not visible during background checks.

Individuals who had their cases dismissed or were granted deferred adjudication may petition the court for expungement.

To be eligible for expungement of a criminal trespass, some of the conditions for eligibility include:

• The offender must wait at least two years after completing the terms of their sentence for a misdemeanor offense
• The offender must wait at least five years after completing the terms of their sentence for a felony conviction
• The trespass charge must not have involved the use or attempted use of a firearm
• The offender must not have any pending charges