Current through the 2024 Regular Session
Section 69-33-9 - Penalty for violations(1) Any person who, without the owner's permission, enters upon the private property of an owner of lands upon which pecan trees are growing for the purpose of removing pecans from the premises thereof, whether from the grounds or within any facility thereon where the pecans are stored, for his or her own financial benefit which causes financial detriment and other damages or hardships to the owner of the pecan trees, shall be found guilty of violating the provisions of this chapter shall be guilty of larceny and subject to the penalties of petit larceny as prescribed in Section 97-17-43, or grand larceny, as prescribed in Section 97-17-41.(2) In addition to any such fine or imprisonment that may be imposed for violating the provisions of this chapter, the court shall order restitution to be made to the owner of the severed pecans in United States currency at the current replacement value of the damage or loss. Whether the felonious crime is prosecuted as petit larceny or grand larceny shall be determined by the amount of the pecan's fair market value at the time the theft of the pecans occurred.Laws, 1981, ch. 391, § 5, eff. 7/1/1981.Amended by Laws, 2023, ch. 420, SB 2523,§ 5, eff. 7/1/2023.