§ 97-43-3.1. Organized theft or fraud enterprise

MS Code § 97-43-3.1 (2019) (N/A)
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(1) It shall be unlawful for any person to conduct, organize, supervise or manage, directly or indirectly, an organized theft or fraud enterprise. Organized theft or fraud enterprise applies to conduct proscribed in the following provisions:

(a) Section 97-23-93, which relates to shoplifting;

(b) Sections 97-45-3 and 97-45-5, which relate to computer fraud;

(c) Section 97-45-19, which relates to fraudulent use of identity;

(d) Section 97-9-79, which relates to false information;

(e) Section 97-19-83, which relates to fraud by mail or other means of communication;

(f) Section 97-19-85, which relates to the fraudulent use of a social security number, credit card or debit card number or other identifying information; and

(g) Section 97-45-19, which relates to obtaining personal identity information of another person without authorization.

(2) It shall be unlawful for any person who has, with criminal intent, received any proceeds or services derived, directly or indirectly, from an organized theft or fraud enterprise.

(3) For the purposes of this section, an “organized theft or fraud enterprise” means any association of two (2) or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of merchandise, services or information that has a pecuniary value that causes a loss to the victim.

(4) The value of the merchandise or services or the pecuniary loss involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one (1) scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized theft or fraud enterprise.

(5) Any person convicted under this section shall be, upon conviction, guilty of a felony and punished by a term of imprisonment of not more than twenty (20) years or fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.