Mississippi Disorderly Conduct and Trespass Laws: Penalties (2026)

Mississippi has no single, general disorderly conduct statute. The Mississippi Code uses the label "disorderly conduct" for refusing to obey a law enforcement officer's order under circumstances that may lead to a breach of the peace (section 97-35-7) and for interfering with a business and its customers (section 97-35-5), while the everyday disturbing-the-peace offenses sit in sections 97-35-13 and 97-35-15. Each is a misdemeanor punishable by a fine of up to $500, up to 6 months in county jail, or both; the one felony form, under section 97-35-7(3), applies when a refusal committed with willful and wanton disregard for safety results in someone being injured, maimed or killed.

Criminal trespass has no degrees. The general offense, section 97-17-97, is a misdemeanor (up to $500, up to 6 months, or both) for entering or staying on another's building, premises or land after being forbidden orally, in writing or by a posted sign. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Mississippi state criminal statutes on disorderly conduct and disturbing the peace (Miss. Code Title 97, chapter 35), public drunkenness and profanity (97-29-47), related public-order offenses, criminal trespass (Title 97, chapter 17) and the 2025 squatting and public camping acts. It does not cover local noise ordinances and quiet hours (see Mississippi noise laws), the civil procedure for removing squatters (see Mississippi squatters' rights), use of force against an intruder (see Mississippi self-defense laws), civil trespass suits, local ordinances, or federal property rules.

How Mississippi penalties work

Mississippi does not sort offenses into lettered classes. Each statute sets its own maximum fine and jail term, so the caps below vary from section to section. Under section 1-3-11, "The term 'felony,' when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary." For an offense with no penalty stated anywhere, section 99-19-31 provides a default "fine of not more than one thousand dollars ($1,000.00) and imprisonment in the county jail not more than six (6) months, or either." For more on how Mississippi grades crimes, see Mississippi felony vs misdemeanor sentences.

Disorderly conduct in Mississippi

Refusing an officer's order: section 97-35-7

Section 97-35-7 is the closest Mississippi comes to a general disorderly conduct law, but it is narrower than the name suggests. It applies to:

"Whoever, with intent to provoke a breach of the peace, or under such circumstances as may lead to a breach of the peace, or which may cause or occasion a breach of the peace, fails or refuses to promptly comply with or obey a request, command, or order of a law enforcement officer, having the authority to then and there arrest any person for a violation of the law, to: ..."

The listed orders include moving on, getting up from a position, ceasing to obstruct a vehicle, unchaining oneself, entering a police vehicle, or otherwise acting to avoid a breach of the peace. A violation is "disorderly conduct, which is made a misdemeanor," punished "by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than six (6) months, or by both." Aiding or abetting another person's violation is punished the same way.

The felony form. Under section 97-35-7(3), a violation committed alone or in concert "under such circumstances or in such a manner as to evince a willful and wanton disregard for the life or safety of another and if as a result thereof another person or persons be injured, maimed or killed" is a felony, punishable by up to 5 years in the State Penitentiary, a fine of up to $2,000, or both. Section 97-35-7(4) adds that "The act of breast-feeding shall not constitute disorderly conduct."

Interfering with a business: section 97-35-5

Section 97-35-5 makes it disorderly conduct, while on the premises of a store, restaurant, hotel, theater or other business open to the public, to prevent or interfere with the owner or employees serving customers, or with invited persons or prospective customers entering in the normal course of business. It is a misdemeanor with a fine of up to $500, up to 6 months in county jail, or both.

On a passenger bus: section 97-35-1

It is unlawful "to be guilty of disorderly conduct or a breach of the peace or use any obscene, profane or vulgar language, upon any passenger bus or coach" in regular-route service. The same section bans being on such a bus while intoxicated and drinking intoxicating liquor on it. The penalty cap is lower on the jail side: a fine of up to $500, up to 30 days in county jail, or both.

Disturbing the peace in Mississippi

For most situations people think of as disorderly conduct, such as yelling, fighting or threatening behavior in public, the Mississippi statutes are the disturbing-the-peace sections.

Disturbance of the public peace: section 97-35-15

"Any person who disturbs the public peace, or the peace of others, by violent, or loud, or insulting, or profane, or indecent, or offensive, or boisterous conduct or language, or by intimidation, or seeking to intimidate any other person or persons, or by conduct either calculated to provoke a breach of the peace, or by conduct which may lead to a breach of the peace, or by any other act, shall be guilty of a misdemeanor..."

The penalty is a fine of up to $500, up to 6 months in county jail, or both.

Disturbance in a public place: section 97-35-13

A person who enters "any public place of business of any kind whatsoever" or "any other public place whatsoever" and there creates a disturbance or breach of the peace, "including, but not restricted to, loud and offensive talk, the making of threats or attempting to intimidate," commits a misdemeanor, with a fine of up to $500, up to 6 months in jail, or both.

Noise, abusive language at a home, and worship

• Noise (section 97-35-9): willfully disturbing the peace of a family or person by an explosion, "loud or unusual noise," or tumultuous or offensive conduct carries a fine of up to $100, up to 6 months in county jail, or both. Quiet hours and decibel limits are local matters; see Mississippi noise laws.
• Abusive language or indecent exposure at a dwelling (section 97-35-11): entering the dwelling, yard or curtilage of another, or a nearby public place, and using "abusive, profane, vulgar or indecent language" in the presence or hearing of the family, or indecently exposing oneself, "shall be punished for a misdemeanor." The section sets no penalty, so the default in section 99-19-31 applies (up to $1,000, up to 6 months, or both).
• Disturbing worship (section 97-35-17): willfully disturbing a congregation lawfully assembled for religious worship carries a fine of up to $500, up to 6 months, or both, and the person "may be immediately arrested by any officer or private person, without warrant."

Swearing and being drunk in public: section 97-29-47

"If any person shall profanely swear or curse, or use vulgar and indecent language, or be drunk in any public place, in the presence of two (2) or more persons, he shall, on conviction thereof, be fined not more than one hundred dollars ($100.00) or be imprisoned in the county jail not more than thirty (30) days or both."

The section requires a public place and the presence of two or more people. Profane or insulting language can also be one of the means listed in section 97-35-15.

Other public-order offenses in Mississippi

Among the other public-order offenses in the Mississippi Code:

Funeral and memorial disruption: section 97-35-18

With intent to disrupt a funeral, graveside service, memorial service or funeral ceremony, it is a crime to protest or picket "within 1,000 feet of the location or locations at which the service or ceremony is being conducted within one (1) hour before, during, and one (1) hour following the service or ceremony." The section also covers impeding a funeral procession, intentionally blocking access, and targeted picketing at the home of a surviving family member on the day of the service. A first violation carries up to $500, up to 6 months in county jail, or both. A second or subsequent violation is a "gross misdemeanor," with up to $1,000, up to 1 year in county jail, or both.

Riots, unlawful assemblies and emergencies

Title 97 of the Mississippi Code, which holds the state's crimes, has no stand-alone riot or unlawful-assembly offense. The riot provision that does exist sits in the militia chapter: under section 33-7-309, when military force is called out to disperse a riot or unlawful assembly, a person taking part who, "after being duly commanded to disperse as hereinbefore provided in this section, wilfully and intentionally fails to do so, is guilty of a felony," with 1 to 2 years in the penitentiary. The same section makes it a misdemeanor (1 month to 1 year in county jail) to fail to leave such an assemblage immediately after a shot is fired or a missile thrown from it at the militia, and punishes assaulting, firing at or throwing a missile at the militia, National Guard or civil officers on that duty with 2 to 5 years in the penitentiary.

During a proclaimed civil emergency, which section 45-17-1 defines to include a riot or unlawful assembly "characterized by any use of force or violence disturbing the public peace," the municipality's chief administrative officer, such as the mayor, may issue emergency orders such as a curfew. The state statute does not itself make violating those orders a crime; section 45-17-9 provides that "Municipalities may provide by ordinance" that a violation is a misdemeanor punishable by a fine of up to $300, up to 6 months, or both.

Looting (section 97-17-65) is a felony: knowingly entering a home, premises or business where normal security is absent because of a hurricane, fire, riot, mob or similar cause, and taking, controlling, injuring or removing the owner's property, carries up to 15 years in the penitentiary, a fine of up to $10,000, or both.

False alarms, false reports and threats

• False fire report (section 97-35-45): knowingly making a false report of a fire is punishable by up to 1 year in county jail, a fine of up to $500, or both.
• False report of a crime (section 97-35-47): knowingly making a false report of a crime, including an allegation of child abuse or neglect, to law enforcement, the Department of Child Protection Services or an officer of a court carries up to 1 year in county jail, a fine of up to $5,000, or both, and on a proper showing the court orders restitution of reasonable investigation and prosecution costs.
• Bomb hoax (section 97-37-21): falsely reporting that a bomb, explosive or chemical, biological or other weapon of mass destruction has been or will be placed in any public or private place is punished by a fine of up to $10,000, up to 10 years in the custody of the Department of Corrections, or both.
• Terroristic threats (section 97-7-75): a threat to commit a crime of violence or cause bodily injury that causes a reasonable fear of an imminent offense, made with intent to intimidate or coerce a civilian population or to influence a unit of government, educational institution or business by intimidation or coercion, is a felony with up to 10 years. Since July 1, 2025, a threat against an airport adds at least 5 more years.

Obstructing streets, sidewalks and public buildings

• Section 97-35-23: intentionally obstructing or interfering with the free passage of vehicles on a public street or highway, or of pedestrians on a public sidewalk, carries a fine of up to $400, up to 4 months in county jail, or both.
• Section 97-35-25: willfully obstructing the free, convenient and normal use of any public sidewalk, street, highway, alley, road or other passageway by impeding or restraining traffic or passage is a misdemeanor with a fine of up to $500, up to 6 months, or both. 2025 HB 1203 (Laws 2025, ch. 496) amended the section's wording effective July 1, 2025, without changing the penalty.
• Section 97-7-63: picketing or mass demonstrations that obstruct or unreasonably interfere with access to public buildings and property, such as courthouses, city halls and jails, carry a fine of up to $500, up to 6 months, or both.
• Section 97-9-67: picketing or parading in or near a court building, or near the residence of a judge, juror, witness or court officer, with intent to interfere with the administration of justice or influence those people, carries a fine of up to $1,000, up to 6 months, or both.
• Section 97-35-51: obstructing another person from seeking or receiving emergency assistance, "with the intent to cause or allow physical harm or injury to that person," is a misdemeanor with a fine of up to $1,000, up to 6 months, or both.

Public camping (2025)

2025 HB 1203 (Laws 2025, ch. 496), effective July 1, 2025, provides that "No person may camp or create a campsite on any sidewalks, streets, sports fields, sports complexes, highways, alleys, roads, passageways or any other public property," except public property designated for camping. Officers may immediately remove a violator. A conviction "is punishable by a fine of not more than Fifty Dollars ($50.00)," and the court may impose alternative penalties aimed at the reasons for the violation, which "may include a term of imprisonment, not to exceed six (6) months." The act does not give the offense a class name.

Criminal trespass in Mississippi

Mississippi has several overlapping trespass statutes rather than one graded offense. Which one applies depends on how notice was given and where the person went.

Trespass after being forbidden: section 97-17-97

This is the general criminal trespass statute. As amended by 2026 HB 1150 (effective July 1, 2026), it applies "Except as otherwise provided in Section 73-13-47" (a land-surveyor provision) when a person:

"if any person or persons shall without authority of law go into or upon or remain in or upon any building, premises or land of another, including the premises of any public housing authority after having been banned from returning to the premises of the housing authority, ... after having been forbidden to do so, either orally or in writing including any sign hereinafter mentioned, by any owner, or lessee, or custodian, or other authorized person ..."

Notice can also come from posted signs "at a place or places where such sign or signs may be reasonably seen." A violation is a misdemeanor with a fine of up to $500, up to 6 months in county jail, or both. A store or other owner's oral order to leave or stay away is one of the ways a person becomes "forbidden" under this section.

Inciting, soliciting or urging another person to go onto or remain on property, knowing that person has been forbidden to do so, is a separate misdemeanor with the same penalty (section 97-17-99).

Entering land without permission: section 97-17-93

Section 97-17-93 covers a person who "knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee." It is a misdemeanor punished by a $250 fine for a first offense. For a second or subsequent offense within five years of the last, the fine is $500 and the court may impose 10 to 30 days in county jail, or both. The section provides that it does not apply to the landowner's or lessee's family, guests or agents, to a surveyor as provided in section 73-13-47, or to persons entering the land for lawful business purposes. Officers enforce the section by issuing a citation, and "A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee."

Trespass on enclosed land after notice: section 97-17-85

Except as provided in section 73-13-47 (surveyors) and section 49-7-79, going on the enclosed land of another without consent "after having been notified by such person or his agent not to do so, either personally or by published or posted notice," or remaining after a request to depart, carries a fine of up to $50. The section also applies to unenclosed land where the stock law is in force.

Willful trespass, airports and the only felony trespass form

• Willful or malicious trespass (section 97-17-87(1)): a catch-all for trespass on real or personal property "for which no other penalty is prescribed," with a fine of up to $500, up to 6 months, or both.
• Airport restricted areas (section 97-17-87(2)): willfully trespassing on an air operations area or sterile area of an airport serving the general public is a misdemeanor with a fine of up to $1,000, up to 1 year in county jail, or both.
• Nuclear, missile and explosives facilities (section 97-17-95): willfully entering or trespassing within the premises of a business that manufactures, assembles, maintains or operates nuclear powered machinery, rockets, missiles, explosives or similar devices, "with the intent to commit any crime under the laws of this state, or of the United States," is a felony, with a fine of up to $5,000, up to 5 years in the state penitentiary, or both. The section adds that "Any person wilfully entering or trespassing within such premises, if found within any area designated as a restricted area therein, shall be guilty of a violation of this section," so willful entry into a designated restricted area is covered without the intent element. This is the only felony form in the trespass sections.

Notice, signs and paint

Mississippi's trespass sections give notice through an oral or written order, a sign posted where it "may be reasonably seen" (97-17-97), or "published or posted notice" (97-17-85). The trespass article contains no paint-mark (purple paint) provision and sets no sign size or spacing. Since July 1, 2024 (2024 HB 1208), the wildlife statute, section 49-7-79, makes it unlawful to "knowingly enter the lands of another without the permission of, or without being accompanied by, the landowner or the lessee of the land, or the agent of such landowner or lessee, to hunt, fish, shoot, or trap"; it no longer requires a warning or posted notice. A first offense is a misdemeanor with a fine of $500 to $1,000. A second or later offense within five years carries a fine of $1,000 to $1,500 and forfeiture of all hunting, trapping and fishing privileges for one year, with a $500 reinstatement fee. Animals, birds or fish taken are seized, and the court orders restitution to the landowner of $100 to $250 for each one, up to $1,500 in total. Defacing, removing, altering or destroying a posted no-entry notice carries a fine of up to $50 for each notice (section 97-17-91).

Other trespass offenses

• Closed schools (section 37-65-5): after the governor closes a school, college or institution under that chapter, entering it without the governor's permission is a misdemeanor with a fine of up to $500 or up to 30 days in county jail.
• Railroad property (section 97-25-4): without written permission of the railroad, attempting to board or get off a moving freight train, damaging or defacing railroad property, or dumping refuse on the right-of-way is a misdemeanor with up to 30 days, a fine of $100 to $400, or both.

Squatting (2025 HB 1200)

The Real Property Owners Protection Act, 2025 HB 1200 (Laws 2025, ch. 474), took effect July 1, 2025. It provides that "A person commits the crime of squatting when he or she trespasses onto property or is invited onto property and remains on the property without the consent or authority of the owner or an agent of the owner after written notification to leave the premises by the owner or an agent of the owner or the law enforcement agency" where the property is located. The section creating the crime of squatting does not itself state a penalty; section 99-19-31 sets the general default for an offense "for which a penalty is not provided elsewhere by statute": a fine of up to $1,000 and up to 6 months in county jail, or either. A person who files a squatting complaint the court finds intentionally false commits a misdemeanor, fined an amount equal to triple the costs and fees of the person named in the complaint, and may be jailed for up to 6 months, or both.

Section 6 of the act created three felonies, each punished by 2 to 5 years in the custody of the Department of Corrections plus a fine measured by the loss:

1. Knowingly and willfully presenting a false lease, deed or other instrument, "with the intent to detain or remain upon real property."
2. Unlawfully detaining, occupying or trespassing on a residential dwelling and intentionally damaging it by more than $1,000.
3. Except for an heir, listing or advertising property for sale knowing the seller has no title or authority, or renting or leasing property knowing one has no ownership or leasehold interest.

2026 HB 1603 (Laws 2026, ch. 379), effective July 1, 2026, deleted the 2025 provision in section 89-10-5 stating that a squatter accrues no property rights from the trespass; the section now provides only that the right to manage, control or receive payments for the use of real property belongs to the owner or the owner's designee. It did not change a criminal penalty. The eviction and removal process is covered on our Mississippi squatters' rights page.

Civil liability and force

As amended by the 2025 act, section 97-17-103(2) provides that "A perpetrator assumes the risk of loss, injury or death resulting from or arising out of a course of criminal trespass or squatting, as defined in this section, engaged in by the perpetrator or an accomplice, and the crime victim is immune from and not liable for any civil damages as a result of acts or omissions of the victim." That is a civil rule, not a criminal defense; the use of force against an intruder is covered on our Mississippi self-defense laws page.

Where trespass becomes burglary

Dwelling burglary under section 97-17-23(1) requires "breaking and entering the dwelling house or inner door of such dwelling house of another ... with intent to commit some crime therein," and carries 3 to 25 years in the custody of the Department of Corrections. Trespass requires neither a breaking nor an intent to commit another crime.

Mississippi disorderly conduct and trespass penalties at a glance

Mississippi has no class-sentencing table; each penalty in this table comes from the cited section itself, with section 99-19-31 as the default where a section states none and section 1-3-11 defining a felony as an offense punished by death or penitentiary confinement. See Mississippi felony vs misdemeanor sentences for the wider picture.

Recent changes to Mississippi disorderly conduct and trespass law

• 2023 SB 2127: revised the elements of the Mississippi Terroristic Threats Law, section 97-7-75, deleting the requirement that the intimidation or coercion be aimed at making the target "cede to the person's demands."
• 2024 HB 1208 (Laws 2024, ch. 517), effective July 1, 2024: rewrote section 49-7-79 (entering another's land without permission to hunt, fish, shoot or trap), removed its warning and posted-notice requirement, set new fines, a one-year loss of privileges for a repeat offense and restitution, and excepted it from section 97-17-85.
• 2025 SB 2208, effective July 1, 2025: added at least 5 more years of imprisonment, on top of the section 97-7-75 sentence, for a terroristic threat made against an airport.
• 2025 HB 1200 (Laws 2025, ch. 474), effective July 1, 2025: the Real Property Owners Protection Act created the crime of squatting (with no penalty stated in that section), a misdemeanor for false squatting complaints, three squatting-fraud felonies (2 to 5 years) and a civil removal process, and added squatting to the civil-immunity rule in section 97-17-103(2).
• 2025 HB 1203 (Laws 2025, ch. 496), effective July 1, 2025: banned camping on public property not designated for camping ($50 fine, with alternative penalties up to 6 months) and amended the wording of section 97-35-25.
• 2026 HB 1150 (Laws 2026, ch. 436), effective July 1, 2026: conformed sections 97-17-85, 97-17-93 and 97-17-97 to a new land-surveyor section, 73-13-47; the elements and penalties of those trespass offenses did not change.
• 2026 HB 1603 (Laws 2026, ch. 379), effective July 1, 2026: deleted the 2025 provision in section 89-10-5 stating that a squatter accrues no property rights from the trespass, leaving the owner's right to manage, control or receive payments for the property; no criminal penalty changed.

Related Mississippi laws

• Disorderly conduct and trespass laws by state
• Mississippi noise laws
• Mississippi felony vs misdemeanor sentences
• Mississippi squatters' rights
• Mississippi self-defense laws
• Mississippi expungement laws
• How to charge someone with trespassing

Federal law separately governs conduct on federal property and at the U.S. Capitol; our state-by-state hub covers that layer.

This article provides general legal information about Mississippi disorderly conduct, disturbing-the-peace and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Mississippi.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Mississippi?

Under Miss. Code 97-35-7, disorderly conduct is failing or refusing to promptly obey a law enforcement officer's order with intent to provoke, or in circumstances that may lead to, a breach of the peace. Section 97-35-5 also labels interfering with a business and its customers as disorderly conduct.

Is disorderly conduct a misdemeanor in Mississippi?

Yes, in ordinary cases. Both 97-35-7 and 97-35-5 are misdemeanors punishable by a fine of up to $500, up to 6 months in county jail, or both. Under 97-35-7(3), a violation showing willful and wanton disregard for safety that injures, maims or kills someone is a felony with up to 5 years.

What is disturbing the peace in Mississippi?

Section 97-35-15 punishes disturbing the public peace or the peace of others by violent, loud, insulting, profane, indecent, offensive or boisterous conduct or language, by intimidation, or by conduct that may lead to a breach of the peace. It is a misdemeanor with up to $500, up to 6 months, or both.

Is it illegal to cuss in public in Mississippi?

Section 97-29-47 makes it an offense to profanely swear or curse, or use vulgar and indecent language, in a public place in the presence of two or more people, with up to a $100 fine, up to 30 days, or both. Profane language is also one of the means listed in 97-35-15.

Is public intoxication a crime in Mississippi?

Yes. Under 97-29-47, being drunk in a public place in the presence of two or more people carries a fine of up to $100, up to 30 days in county jail, or both.

Is trespassing a felony in Mississippi?

Rarely. General criminal trespass under 97-17-97 is a misdemeanor. The only felony form in the trespass sections, 97-17-95, covers willfully entering a nuclear, missile or explosives facility with intent to commit a crime, or being found inside a designated restricted area there after willfully entering. Separate 2025 squatting-fraud offenses are felonies of 2 to 5 years.

Does Mississippi have a purple paint law?

No. Mississippi's trespass sections contain no paint-mark provision. Notice comes from an oral or written prohibition, signs posted where they may be reasonably seen (97-17-97), or published or posted notice for enclosed land (97-17-85).

What happens if a store tells you to leave in Mississippi?

Section 97-17-97 makes it a misdemeanor to go onto or remain in another's building or premises without authority after being forbidden orally or in writing by the owner, lessee, custodian or another authorized person. The penalty is up to $500, up to 6 months, or both.

Is camping on public property illegal in Mississippi?

Since July 1, 2025, 2025 HB 1203 bars camping or creating a campsite on public property not designated for camping. A conviction carries a fine of up to $50, and the court may impose alternative penalties that can include up to 6 months.