Times are tough.  People are doing things they wouldn’t normally do to get by.  Some of these things can get you into trouble.

No company, city, or other entity is going to sell you electricity, gas, water, or any other utility without some kind of meter to measure how much you use so they can charge you for it, and if you attempt to tamper with the meter with the intent to get more than you paid for you can be charged with a misdemeanor.  Section 97-25-3 of the Mississippi Code Annotated makes it illegal to:

intentionally, by any means or device, [prevent] electric current, water or gas from passing through any meter or meters belonging to any person, firm or corporation engaged in the manufacture, sale or distribution of electricity, water or gas for lighting, power or other purposes, furnished such persons to register current or electricity, water or gas, passing through meters, or intentionally [prevent] the meter from duly registering the quantity of electricity, water or gas supplied, or in any manner [interfere] with its proper action or just registration, or, without the consent of such person, firm or corporation, intentionally [divert] any electrical current from any wire or cable, or water or gas from any pipe or main of such person, firm or corporation, or otherwise intentionally [use], or [cause] to be used, without the consent of such person, firm or corporation, any electricity or gas manufactured, or water produced or distributed, by such person, firm or corporation, or any person, firm or corporation who retains possession of, or refuses to deliver any meter or meters, lamp or lamps, or other appliances which may be, or may have been, loaned them by any person, firm or corporation for the purpose of furnishing electricity, water or gas, through the same, with the intent to defraud such person, firm or corporation . . .

This statute was obviously drafted by the lawyer for the water or the power company.

What it says is you can’t tamper with, attempt to change the reading on, or swap any kind of meter.  You also can’t “tap” into it and divert what it is supplying to somewhere else.  The statute goes on to say that the mere presence of any kind of diversion pipe, or device found on the meter is evidence of your “intent to defraud” the utility company.  It is the opinion of the Attorney General that this statute also applies when you cut the lock on the meter and turn your water back on after it has been cut off for not paying your bill. 

What is the punishment for tampering with utility meters?

This crime is a misdemeanor, and if found guilty you can be punished by a fine of $100.00 - $500.00, or by imprisonment in the county jail not more than three months, or by both fine and imprisonment in the discretion of the court.

What if the utility company tries to steal from me, can they get into trouble?

Yes!  The statute goes on to say that if the utility company intentionally installs a meter that is “rigged” to charge you more than what you receive, the utility company can be found guilty of the same misdemeanor.

You will notice that “intent” is mentioned throughout the law.  It is an element that the prosecutor will have to prove against you, and it could be your freedom ticket.  Meters get “messed with” all the time, but not necessarily with the intent to steal utilities.

“Burglary” is the breaking and entering of a dwelling house (where someone lives) with the intent to commit a crime inside.  Sounds simple, right?  It’s not.  There are enough permutations of the crime of burglary to keep you and your criminal lawyer guessing for months.  Here are some of the common issues with burglary:

• “breaking and entering” can be an outer door or an inner door of the dwelling, still burglary
• you can either break in, or break out, still burglary
• does not matter if it was day or night, still burglary
• does not matter whether you had a deadly weapon or not, still burglary
• does not matter if anyone is home or not, still burglary
• does not matter if it is the house itself, or an attached garage or shed, still burglary
• does not matter what crime the prosecution is saying you intended to commit (usually it is theft or grand larceny, but it could be arson, vandalism, or assault against another person), or if the crime is or was a felony or misdemeanor, still burglary

Burglary of a dwelling carries a punishment of imprisonment of not less than three years nor more than 25 years in the penitentiary, and the usual fines, etc., with some variations. 

While we’re on burglary, let’s go ahead and discuss some other burglary-related crimes.  Under section 97-17-33 of the Mississippi Code Annotated, it is a crime to break and enter into any shop, store, booth, tent, warehouse, other building or private room or office, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, AUTOMOBILE (very common), truck or trailer, with the intent to steal anything or commit a felony inside.  Burglarizing any of these places carries a punishment of up to seven years in the penitentiary.  If you burglarize a church or other established place of worship the punishment doubles to up to 14 years.

If you get caught with “burglar’s tools,” you can be punished by incarceration up to five years in the penitentiary, and if you try to burglarize something using some type of explosive (nitro, C-4, dynamite, gunpowder), then your possible punishment will be explosive as well: not less than five nor more than 40 years in jail.

You may have figured out by now that the crime of burglary occurs when you “enter” something.  You must also enter with the right state of mind (your “intent”).  The prosecution may be able to show that you were there, but can they show when?  And can they show why?  Burglary is not a charge you can handle by yourself, and these are things that you will need to discuss with competent legal counsel.  If you are charged with burglary in Mississippi, give me a call at 601-991-1099.  I am here to help.

This post begins a new series on this blog.  Each week I am going to feature two new crimes – a Mississippi state crime on Monday and a federal crime on Friday.  I will define each crime, discuss the possible punishments, and hopefully provide some useful information.  Don’t hold your breath each Monday and Friday, though; I’ve got several big trials coming up and I may have to skip a post or two.  If you’ve got something specific you’d like me to cover please send me an email to clarence@guthriefirm.com.

This week we are going to discuss the offense of shoplifting.  You don’t have to be a legal scholar to understand what shoplifting is – shoplifting is taking (stealing, pilfering, ganking, deboing, jacking, thieving, pinching, plundering, swiping, confiscating) something from a store without paying for it.  The prosecutor must show that you meant to steal the merchandise, and this “intent to steal” is presumed if you:

1. conceal the merchandise;
2. take the merchandise from the premises of the store;
3. alter, swap, or remove the pricetags on the merchandise;
4. transfer the merchandise from one container to another (a number of people get caught because they accidentally put something in their purse instead of their shopping basket); or
5. cause the cash register or scan device to ring up a price that is less than the stated price of the merchandise.

Shoplifting is a misdemeanor if the price of the merchandise is less than $500.00, and it is a felony if more than $500.00.  First offense misdemeanor shoplifting carries a punishment of a fine of not more than $1000.00 and up to six months in jail.  Second offense misdemeanor shoplifting carries the same penalties.  For a third offense, the offense then becomes a felony, and the punishments increase to a fine of not more than $5000.00, and imprisonment of up to five years.

If the price of the merchandise is over $500.00, the first offense is a felony, and is punished according to the laws regarding grand larceny, which carries a punishment of a fine of up to $10,000.00 and imprisonment for a term not to exceed ten years for a first offense.

Other statutes in Mississippi make it a criminal act to remove a “theft detection device” from merchandise, or to possess or use a “theft detection device remover” without proper permission.  It is also specifically against the law to aid and abet shoplifting by a minor, and the penalities for this are harsh.

Finally, in addition to the criminal penalties for shoplifting, there are civil penalties as well, if the “victim” decides to pursue them.  For instance, if you are caught and convicted of shoplifting at Dillard’s Department Store in the mall, Dillard’s can sue you for $200.00, or three times the actual value of the stolen merchandise, whichever is greater.  It does not matter if the merchandise was returned or not.  They must give you 30 days written notice and an opportunity to settle up with them before they pursue this civil remedy, which is in addition to the criminal trouble you may be in.

Shortly after 10 a.m. today, a man with a red bandanna and hair net across his face entered the Citizens Bank branch in Forest, Mississippi, east of Jackson, and pointed a pistol at a teller.  The man had enough foresight to bring his own bag, and the teller filled it with money.  The man left the bank on foot, and police found the hair net on a trail in the woods behind the bank.  After running dogs through the woods, the police failed to apprehend the suspect.  They think he lives close to the bank due to his ability to slip through the area so easily.

Bank robbery has been classified as a federal crime since 1934.  It is defined as:

the taking or attempted taking of anything of value from a person or presence of another by the use of force and violence or intimidation when the property is insured by Federal Deposit Insurance Corporation and is the property of any bank, credit union or any savings and loan association that is a member bank of the Federal Reserve System or organized or operating under the laws of the United States.

I had a bank robbery case in federal court last year, and I’m likely to have another one soon.  Bank robbery is on the rise lately, according to the FBI.  These cases are always challenging.   Trying a case in federal court is very different than trying a case in state court, and the same attorney that did the closing on your house is probably not the right attorney for your case in federal court.

Federal criminal law is a specialized field that requires knowledge of federal rules of evidence, procedure, and the sentencing guidelines.  The sentences tend to be stiff, and convictions can result in imprisonment, restitution, large fines, community service, probation, and parole, among other things.  There are other nuances to federal criminal law and procedure, so if you find yourself in a tangle with the feds, give me a call before you do anything else, and we’ll get you through it.

If you or a family member have been arrested, or are under investigation for Bank Robbery in the state of Mississippi and you need help, give me a call at 601-991-1099. If you live outside of Jackson, Mississippi, call my Toll-Free Line at 866-991-1555.

Or you can e-mail me at clarence@guthriefirm.com.