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§ 97-3-21. Homicide; Penalty For First- Or Second-Degree Murder Or Capital Murder

(1) Every person who shall be convicted of first-degree murder shall be sentenced by the court to imprisonment for life in the custody of the Department of Corrections.

(2) Every person who shall be convicted of second-degree murder shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) nor more than forty (40) years in the custody of the Department of Corrections.

(3) Every person who shall be convicted of capital murder shall be sentenced (a) to death; (b) to imprisonment for life in the State Penitentiary without parole; or (c) to imprisonment for life in the State Penitentiary with eligibility for parole as provided in Section 47-7-3(1) (f). SOURCES: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 2 (1); 1857, ch. 64, art. 167; 1871, § 2630; 1880, § 2877; 1892, § 1151; 1906, § 1229; Hemingway's 1917, § 959, 1930, § 987; 1942, § 2217; Laws, 1974, ch. 576, § 7; Laws, 1977, ch. 458, § 1; Laws, 1994, ch. 566, § 3; Laws, 2013, ch. 555, § 2, eff from and after July 1, 2013.

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Local Government
Mississippi
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Phil Bryant
Phil Bryant
January 10, 2012 -
Republican
1-601-351-5023
200 South Lamar, Suite 800, Jackson, MS, 39201

Keywords
life
murder
imprisonment
custody
degree
corrections
jury
sentencing
proceeding
separate