At Coxwell & Associates, PLLC, we pride ourselves on our thorough knowledge of Mississippi's legal landscape. While we typically focus on serious legal matters, we thought we'd share some of the more unusual laws that remain on the books in Mississippi. These might surprise you – and they're all still enforceable today.
Unlawful Cattle Rustling (Miss. Code Ann. § 97-17-53)
Mississippi takes its livestock seriously. Cattle rustling is a felony punishable by imprisonment in the state penitentiary for up to 5 years. The law distinguishes cattle from other livestock theft, highlighting the historical importance of cattle in our state's economy. This reflects Mississippi's agricultural heritage, where cattle represented economic value and a way of life. (Hail State!)
This law treats cattle theft as a direct felony. General theft statutes consider the property value when classifying the seriousness of a crime. For example, generally, shoplifting merchandise valued over $1,000 is a felony; when the value is less than $1,000, the crime is a misdemeanor. Miss. Code Ann. § 97-23-93.
We still see occasional prosecutions under the cattle rustling law, particularly in rural areas, such as Lincoln County (see Bullock v. State, 447 So. 2d 1284 (Miss. 1984)), Simpson County (see Forrest v. State, 782 So. 2d 1260 (Miss. Ct. App. 2001)), and Scott County (see Knowles v. State, 410 So. 2d 380 (Miss. 1982)).
Even cow’s milk is protected by law. “Any person who shall milk the cow of another, knowingly, without his consent…fined not more than $100, or imprisoned in the county jail not more than 3 months, or both.” Miss. Code Ann. § 97-17-55. Do not get the bright idea of going cow-tipping, either. Mississippi does not have a specific statute prohibiting cow-tipping, but the act could violate trespassing or animal cruelty laws.
Profanity in Public Places (Miss. Code Ann. § 97-29-47)
Despite the First Amendment right to freedom of speech and expression, it remains illegal in Mississippi to use "profane, indecent, obscene or vulgar language in any public place" if it is likely to cause a breach of peace. This broadly written statute remains enforceable and carries potential fines and even jail time.
Just last year (2024), Coxwell & Associates, PLLC, represented an individual charged with Public Profanity in Madison County Justice Court. Our client exercised his First Amendment right to free speech and used curse words in the presence of law enforcement officers. Ironically, the law enforcement officer also used curse words, which were recorded on his body camera footage. Ultimately, the charge was dismissed on the day of trial when the government was made aware of its error in the case.
Sunday Sales Restrictions (Miss. Code Ann. § 67-1-83)
Mississippi still maintains "blue laws" restricting certain commercial activities on Sundays. In many counties, alcohol sales remain prohibited or heavily restricted on Sundays, reflecting the state's traditional religious values that continue to influence its legal code.
Mississippi operates under a complex system where counties can be "wet," "dry," or somewhere in between with specific restrictions. For example, in some jurisdictions, beer and light wine might be legal on Sundays while liquor sales remain prohibited. In others, restaurants may serve alcohol, but package stores must remain closed. Recent years have seen some municipalities voting to relax these restrictions, creating a gradually changing legal landscape that businesses must navigate carefully.
No Cohabitation Outside Marriage (Miss. Code Ann. § 97-29-1)
It remains illegal for unmarried couples to "unlawfully cohabit" in Mississippi. The statute prohibits "unlawful cohabitation of a man and woman" and classifies it as a misdemeanor. What makes this law particularly notable is its survival despite significant social changes and legal developments, such as the Supreme Court's decisions in cases like Lawrence v. Texas (2003) and Obergefell v. Hodges (2015), which calls into question the constitutionality of such laws.
Interestingly, this statute was cited in a 2016 housing discrimination case. The judge noted the questionable enforceability of the law but pointed out that its continued existence reflected the state's interest in promoting certain family structures.
Prohibition of Polygamy (Miss. Code Ann. § 97-29-13)
Mississippi specifically maintains laws against polygamy, making it a felony punishable by up to 5 years in prison. This statute explicitly prohibits "marriage to another person, whether in or outside this state, while still legally married." This law has broad jurisdictional reach – it specifically covers marriages performed outside the state. This means that a Mississippi resident who enters into a polygamous marriage in a jurisdiction where such might be tolerated could still face prosecution upon return to Mississippi.
The statute also doesn't require legal recognition of the second marriage – simply going through a marriage ceremony while already married is sufficient to trigger the statute. This creates legal questions about what exactly constitutes a "marriage ceremony" in contexts where alternative structures are practiced.
Illegal to Impersonate a Parent (Miss. Code Ann. § 97-7-43)
Under Mississippi law, it is illegal to falsely represent yourself as a parent, guardian, or other person having control of a minor child to school officials. This law carries penalties including fines and potential jail time. This statute addresses a specific scenario that school administrators occasionally encounter. The law was strengthened in the early 2000s following incidents where individuals attempted to remove children from school by falsely claiming to be authorized guardians.
Many districts have implemented photo ID systems and authorization lists partly in response to the concerns this law addresses. In a recent case, an individual faced charges under this statute after attempting to check a child out of school while claiming to be an approved family friend, when in fact they were not on the school's authorized pickup list. Sorry, Grandma!
Fortune-Telling Prohibition (Local Ordinances)
Several Mississippi municipalities still have ordinances prohibiting fortune-telling, palm reading, and similar practices. These local laws reflect historical concerns about fraud but create an unusual patchwork of regulation across the state. In one Gulf Coast city, the ordinance bans "any person to advertise by sign, circular, handbill, or in any newspaper, periodical, or magazine, or other publication or publications, or by any other means, to tell fortunes or to find or restore lost or stolen property, to locate oil wells, gold or silver or other ore or metal or natural product."
These ordinances have faced legal challenges over the years. Practitioners argue that such bans violate religious freedom for those who consider divination a spiritual practice, while others frame their challenges in terms of free speech. In 2019, one city council debated repealing their ban after a psychic reader requested a business permit, leading to a divided vote that ultimately maintained the prohibition.
Disturbing Wildlife Nests (Miss. Code Ann. § 49-7-51)
In Mississippi, it is illegal to disturb or destroy the nests, eggs, or young of any wild bird protected by law. While this makes good environmental sense, the specific protections and penalties are more extensive than many realize. (Remember the cows?!)
The law creates interesting scenarios for property owners. For example, if a protected species builds a nest on your property, removing it could result in significant legal consequences. Penalties can include fines of several hundred dollars per violation and even jail time for willful or repeated offenses.
In practice, this has created situations where construction projects have been delayed after birds established nests on building sites. In one case, a homeowner faced penalties after removing a nest from their porch, unaware that the particular species was protected. The Mississippi Department of Wildlife, Fisheries, and Parks offers specific guidance for property owners facing such situations, typically recommending waiting until nesting season has concluded.
Why These Laws Matter
While some of these statutes might seem antiquated or unusual, they highlight an important legal reality: laws don't automatically disappear just because society changes around them. It often takes specific legislative action to remove outdated statutes, and many remain technically enforceable despite rarely being prosecuted.
These legal curiosities also provide insight into Mississippi's values, history, and evolving social norms. From agricultural protections reflecting our rural heritage to moral regulations stemming from religious influences, these laws tell a story about our state's development. From a practical perspective, these laws create an important reminder that legal compliance requires attention to detail. Businesses and individuals might unwittingly violate obscure statutes simply because they're unaware of their existence. This is particularly relevant when moving between jurisdictions with different legal traditions and priorities.
At Coxwell & Associates, PLLC, we stay current with both the actively enforced and dormant aspects of Mississippi law. Our deep understanding of the state's legal landscape allows us to provide comprehensive counsel that considers both the letter of the law and its practical application in today's world.
Whether you're dealing with a modern legal challenge or an unusual situation involving older statutes, our team is prepared to guide you through Mississippi's complex legal terrain with expertise and clarity.
Have questions about Mississippi's laws and how they might affect you? Contact our office today for a consultation with attorneys who understand the full spectrum of our state's legal code.