(1) If any person willfully, maliciously, and feloniously sets on fire any woods, meadow, marsh, field or prairie, not his own, he is guilty of a felony and shall, upon conviction, be sentenced to the State Penitentiary for not more than two (2) years nor less than one (1) year, or fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or both, in the discretion of the court.
(2)
(a) If any person recklessly or with gross negligence causes fire to burn any woods, meadow, marsh, field or prairie, not his own, he is guilty of a misdemeanor and shall, on conviction, be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than three (3) months, or both, in the discretion of the court.
(b) If a person has a brush or debris pile or other material which is or was being burned and reasonable and prudent efforts were not taken to prevent the spread of the fire onto the lands of another shall be evidence that such person recklessly or with gross negligence caused the land to burn.
(3) In addition to the penalties provided in this section, upon conviction, a person shall be ordered to reimburse and pay in restitution directly to any organized fire suppression agency recognized by the Mississippi Forestry Commission all the costs the agency incurred related to the suppression and abatement of the fire.
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