2019 Mississippi Code
Title 97 - Crimes
Chapter 9 - Offenses Affecting Administration of Justice
Article 3 - Obstruction of Justice.
§ 97-9-101. Definitions

Universal Citation: MS Code § 97-9-101 (2019)
  • The following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
    • (a) “Benefit” means any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.

    • (b) “Government” means the state, county, municipality or other political subdivision, agency, branch or department of any of the foregoing, and any corporation or other entity established by law to carry out any governmental function.

    • (c) “Governmental function” means any activity which a public servant is legally authorized to undertake on behalf of a government.

    • (d) “Harm” means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.

    • (e) “Juror” means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. The term juror also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror.

    • (f) “Official proceeding” means any proceeding heard before any legislative, judicial, administrative or other government agency or official authorized to hear evidence under oath.

    • (g) “Physical evidence” means any article, object, document, record or other thing of physical substance.

    • (h) “Property” means any real or personal property, including books, records and documents.

    • (i) “Public servant” means any officer or employee of government, including legislators and judges and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function; but the term does not include witnesses. This term includes persons who have been elected, appointed or designated to become a public servant although not yet occupying that position.

    • (j) “Testimony” means oral or written statements, documents or any other material that may be offered as evidence in an official proceeding or oral or written statements provided under oath to law enforcement during a felony criminal investigation.

    • (k) “Threat” means any menace, however communicated, to: (i) cause bodily injury to the person threatened or another or commit any other criminal offense; (ii) cause damage to property or cause anyone to part with property; (iii) accuse anyone of a criminal offense; (iv) expose a secret or an asserted fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule; (v) impair the credit or business reputation of any person; or (vi) take or withhold action as a public servant or cause a public servant to take or withhold action.

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