Mississippi Larceny and Shoplifting Laws: Felony Threshold (2026)

In Mississippi, larceny becomes grand larceny, a felony, when the property is worth "One Thousand Dollars ($1,000.00) or more" (Miss. Code 97-17-41(1)), punishable by up to five years in the Penitentiary, a fine of up to $10,000, or both. Under $1,000 it is petit larceny. Shoplifting is a separate crime with a slightly different line: it is a felony when the total price of everything shoplifted "exceeds One Thousand Dollars ($1,000.00)" (97-23-93(7)), or on a third conviction in the $500 to $1,000 band. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Mississippi state larceny and shoplifting law in the Mississippi Code of 1972: grand and petit larceny (97-17-41 and 97-17-43), motor vehicle larceny (97-17-42), other larceny offenses in Title 97, Chapter 17, shoplifting and its civil remedy (97-23-93 to 97-23-96), organized theft or fraud enterprises (97-43-3.1), stolen firearms (97-37-35), and the habitual offender sections (99-19-81 and 99-19-83), including amendments enacted from 2023 through 2026. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.

Mississippi larceny penalties by value

Mississippi still uses the traditional terms grand larceny and petit larceny. Each section sets its own punishment, so there is no separate classification table to look up.

The lines are exact. Property worth exactly $1,000 is grand larceny, because 97-17-41(1) reads "of the value of One Thousand Dollars ($1,000.00) or more," while petit larceny covers property "under the value of One Thousand Dollars ($1,000.00)."

For petit larceny, jail is not the default. Under 97-17-43(1), the jail term, the fine or both may be imposed "if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine not exceeding One Thousand Dollars ($1,000.00), or both."

Aggregation and repeat petit larceny

Both sections add up what is taken from one victim. Each grand larceny tier states that "the total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense" (97-17-41), and 97-17-43(1) has the same rule for petit larceny.

A repeat petit larceny can carry a Penitentiary term: "Any person convicted of a third or subsequent offense under this section where the value of the property is not less than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years or fined an amount not exceeding One Thousand Dollars ($1,000.00), or both" (97-17-43(1)).

Property of a place of worship

Theft from "a church, synagogue, temple or other established place of worship" carries higher ranges. At $1,000 or more it is grand larceny punishable by up to 10 years, a fine up to $10,000, or both, and at $25,000 or more up to 20 years (97-17-41(4)). Under $1,000 it is petit larceny punishable by up to one year in county jail, a fine up to $2,000, or both, again subject to the court-finding rule, with up to three years in the Penitentiary for a third or later offense of $500 or more (97-17-43(2)).

Sentences above these ranges

These are the ordinary ranges in the larceny sections. Mississippi's habitual offender statutes can raise them for a person with two prior felony convictions "upon charges separately brought and arising out of separate incidents at different times." Under 99-19-81, if the person was sentenced to separate terms of one year or more, the person "shall be sentenced to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence," without parole or probation. Under 99-19-83, if the person served separate terms of one year or more and "any one (1) of such felonies shall have been a crime of violence, as defined by Section 97-3-2," the sentence is life imprisonment without parole or probation.

Theft that is a felony regardless of value

• Motor vehicles. Senate Bill 2174 (2024 Regular Session, effective July 1, 2024) rewrote 97-17-42. A person who "willfully and without authority, take[s] possession of or take[s] away a motor vehicle of any value belonging to another, with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership," or knowingly aids and abets the taking, "shall be guilty of a felony" punishable by a fine of not more than $10,000, up to 15 years in the custody of the Department of Corrections, or both. A second or subsequent offense carries a fine up to $20,000, "not less than five (5) years but not to exceed twenty (20) years," or both. When the vehicle was in the possession of "a commercial entity in the business of buying, selling, leasing, renting, storing or transporting motor vehicles," the penalty is instead a fine up to $20,000, "not less than ten (10) years but not to exceed thirty (30) years," or both. "Motor vehicle" includes farm machinery, construction equipment, all-terrain vehicles and off-road vehicles.
• Looting. Knowingly entering a home, premises or commercial building "in which a normal security of property is not present by virtue of a hurricane, fire or vis major of any kind or by virtue of a riot, mob, or other human agency" and taking, controlling or injuring property is a felony punishable by up to 15 years, a fine up to $10,000, or both (97-17-65).
• Mail and checks. SB 2311 (2025 Regular Session, effective July 1, 2025) created the crimes of mail theft, theft or unauthorized reproduction of a mail depository key or lock, and theft or receipt of a stolen check or sight order, each punishable by up to five years, a fine up to $5,000, or both, and on a second or later conviction "not less than one (1) year nor more than ten (10) years" and a fine up to $20,000. The act did not assign these offenses section numbers in its own text.
• Stolen firearms. Under 97-37-35, it is unlawful to "knowingly or intentionally" possess, receive, retain, acquire, obtain possession of or dispose of a stolen firearm, or to sell, deliver or transfer one, or to attempt any of these. A conviction is a felony with no value threshold: "five (5) years" in the custody of the Department of Corrections on a first conviction, and "not less than fifteen (15) years" as trafficking in stolen firearms on a second or later conviction or where the offender possesses two or more stolen firearms. SB 2710 (2026 Regular Session, approved April 8, 2026, effective July 1, 2026) added longer ranges for a sale, delivery or transfer: 10 to 20 years when it "was to a child," 10 to 30 years when the firearm was "subsequently used in a crime of violence," and 10 to 40 years when it was later used in an attempted murder, murder, capital murder or child homicide. Committing or attempting another crime while in possession of a stolen firearm is a separate felony punished by five years, "to run consecutively and not concurrently with any other sentence of incarceration" (97-37-35(4)).

Shoplifting in Mississippi

Shoplifting is its own offense. Under 97-23-93(1), a person commits it by willfully and unlawfully taking possession of merchandise "offered or displayed for sale by any merchant, store or other mercantile establishment with the intention and purpose of converting such merchandise to his own use without paying the merchant's stated price therefor." The intent is presumed when the person, "alone or in concert with another person," willfully conceals unpurchased merchandise, removes it from the store, alters or removes a price marking or electronic surveillance tag, moves it to another container, or causes the register to show less than the stated price (97-23-93(2)).

The penalties below are the text as amended by House Bill 795 (2023) and House Bill 438 (2024). HB 438, effective July 1, 2024, deleted the court-finding condition that had applied to jail for a first or second shoplifting conviction, and added subsection (10).

The third-conviction rule in 97-23-93(6) applies "where the total price of all shoplifted merchandise is not less than Five Hundred Dollars ($500.00) or greater than One Thousand Dollars ($1,000.00)." Under 97-23-93(8), the court "shall disregard all such convictions occurring more than seven (7) years prior to the shoplifting offense in question."

Under 97-23-93(10), added by HB 438, a person convicted of shoplifting "acting in concert with, aiding, abetting, or encouraging one or more persons to commit such crime, regardless of whether such others are prosecuted for such crime, for which the total price of all items shoplifted in violation of this section exceeds One Thousand Dollars ($1,000.00)," is guilty of a felony punished as grand larceny.

The $1,000 boundary is different for shoplifting

General larceny is a felony at $1,000 "or more." Shoplifting is a felony only when the total price "exceeds" $1,000, and the misdemeanor tier in 97-23-93(5) expressly covers a total price "less than or equal to One Thousand Dollars ($1,000.00)." A store theft totaling exactly $1,000 is therefore in the misdemeanor tier on a first or second shoplifting conviction.

To reach the felony tier, totals can be combined: "the prosecutor may aggregate the total price of merchandise shoplifted from the same or separate mercantile establishments within the same legal jurisdiction over a period of thirty (30) or fewer days" (97-23-93(9)).

Burglary of a store

Breaking into a store is a separate, more serious crime. Under 97-17-33(1), a person convicted of "breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein," or a vehicle, vessel or railroad car, "in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transportation, with intent to steal therein, or to commit any felony," is guilty of burglary and may be imprisoned in the penitentiary for up to seven years. The statute requires breaking and entering; its penalty does not depend on value.

Related retail offenses

• Theft detection devices (97-23-93.1). Knowingly making, selling or distributing a theft detection shielding device; possessing one "with the intent to commit larceny or shoplifting"; possessing a theft detection device remover with intent to remove tags without the merchant's permission; or using either while shoplifting is a misdemeanor punishable by 30 days to one year and a fine of $250 to $1,000. Intentionally removing a theft detection device before purchase without permission is a misdemeanor punishable by a fine of $100 to $500, which "shall not be suspended," up to 60 days, or both.
• Encouraging a minor to shoplift (97-23-94). A person 18 or older who encourages, aids or abets someone under 18 to shoplift commits a misdemeanor on a first conviction (fine up to $750, up to 30 days, or both) and a second (fine up to $1,000, up to 90 days, or both), and a felony on a third or later conviction (a $1,000 fine, up to three years, or both). The court may also order restitution "in an amount equal to twice the value of such property."
• Organized theft or fraud enterprise (97-43-3.1). It is unlawful to "conduct, organize, supervise or manage, directly or indirectly, an organized theft or fraud enterprise," which applies to conduct under the shoplifting statute and several fraud and identity statutes, or to receive its proceeds "with criminal intent." An enterprise is "any association of two (2) or more persons" engaged in or associated for transferring or selling merchandise, services or information that causes a loss to the victim. Values taken under "one (1) scheme or course of conduct" may be aggregated. The offense is a felony punishable by up to 20 years, a fine up to $25,000, or both.

Merchant questioning and detention

Under 97-23-95, when a person commits or attempts to commit shoplifting, or willfully conceals unpurchased merchandise, "the merchant or any employee thereof or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may question such person in a reasonable manner for the purpose of ascertaining whether or not such person is guilty of shoplifting." Such questioning does not make them civilly liable for slander, false arrest, false imprisonment, malicious prosecution or unlawful detention when they act in good faith and on reasonable grounds.

Under 97-23-93.1(4), the activation of an anti-shoplifting or inventory control device as a person leaves "shall constitute reasonable cause for the detention of the person so exiting," provided "notice has been posted to advise patrons that such a device is being utilized." Each detention must be made "only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device or for the recovery of goods."

Can a store demand money after shoplifting in Mississippi?

Yes. Section 97-23-96 creates a civil cause of action for anyone who proves "by clear and convincing evidence" an injury from a violation of the shoplifting statute:

• Amount. "Threefold the actual damages sustained or damages in the amount of Two Hundred Dollars ($200.00), whichever is greater," plus reasonable attorney's fees and court costs. "The recovery of stolen goods regardless of condition shall not affect the right to the minimum recovery."
• Written demand first. Before suing, the person claiming injury "must make a written demand" for that amount. If the person who receives the demand "complies with such demand within thirty (30) days after receipt of the demand, he shall be given a written release from further civil liability for the specific act of shoplifting."
• Parents. Damages may be recovered from the parents or legal guardian of an unemancipated minor who lives with them only "if it is proven that the parents or legal guardian had knowledge of the minor's intent" to shoplift "or aided and abetted the minor." Foster parents are not liable.
• No punitive damages may be awarded under the section (97-23-96(4)).

The section sets what a merchant can recover; a lawyer licensed in Mississippi can advise on a specific demand letter.

Other theft offenses with their own grades

These offenses in Title 97 are graded outside the 97-17-41 and 97-17-43 value tiers:

Taking property from an older or disabled adult can also fall under the Vulnerable Persons Act. Under 43-47-19(2)(b), a person who "willfully exploits a vulnerable person" commits a misdemeanor where the value of the exploitation is less than $250, and a felony punishable by up to 10 years where it is $250 or more.

Recent changes

• 2026: SB 2710 (approved April 8, 2026, effective July 1, 2026) amended 97-37-35 to add 10-to-20-year, 10-to-30-year and 10-to-40-year ranges for selling, delivering or transferring a stolen firearm to a child or a firearm later used in a crime of violence or a homicide offense.
• 2025: SB 2311 (Laws 2025, ch. 357, effective July 1, 2025) created the crimes of mail theft, theft or unauthorized reproduction of a mail depository key or lock, and theft or receipt of a stolen check or sight order.
• 2024: HB 438 (Laws 2024, ch. 476, approved May 8, 2024, effective July 1, 2024) removed the court-finding condition on jail for first and second shoplifting convictions and added the acting-in-concert felony in 97-23-93(10). SB 2174 (Laws 2024, ch. 483, approved May 8, 2024, effective July 1, 2024) made motor vehicle theft a felony at any value.
• 2023: HB 795 (Laws 2023, ch. 537, approved April 20, 2023, effective July 1, 2023) based shoplifting grades on the total price of all items, raised the second-conviction fine to $2,500 and the third-conviction fine to $3,000, and let prosecutors aggregate thefts from separate stores within 30 days.

Related legal issues

• Fraud schemes and false pretenses are covered in Mississippi scam and fraud laws.
• Fraudulent use of identity is covered in Mississippi identity theft laws.
• Clearing a larceny or shoplifting record is covered in Mississippi expungement laws.
• Time limits for prosecution are covered in the Mississippi statute of limitations guide.

Federal theft offenses are covered on the theft laws by state hub.

Related

• Theft laws by state
• Mississippi scam and fraud laws
• Mississippi expungement laws
• Mississippi identity theft laws

This article provides general legal information about Mississippi larceny and shoplifting law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Mississippi.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft threshold in Mississippi?

Larceny is grand larceny, a felony, when the property is worth $1,000 or more (Miss. Code 97-17-41(1)). Shoplifting uses a different line: it is a felony punished as grand larceny when the total price exceeds $1,000 (97-23-93(7)).

Is stealing $1,000 a felony in Mississippi?

For general larceny, yes: 97-17-41(1) covers property of the value of $1,000 or more. For shoplifting, a total price of exactly $1,000 falls in the less-than-or-equal-to-$1,000 tier of 97-23-93(5), which is a misdemeanor on a first or second conviction.

What is petit larceny in Mississippi?

Petit larceny is stealing personal property worth under $1,000 (97-17-43(1)). Jail of up to six months, a fine of up to $1,000, or both may be imposed only if the court makes the finding the statute describes; otherwise the court suspends the jail term and imposes probation of up to one year, a fine of up to $1,000, or both.

Is shoplifting a felony in Mississippi?

It is a felony when the total price exceeds $1,000, on a third or later conviction in the $500 to $1,000 band, or when someone acting in concert with others shoplifts more than $1,000 in total (97-23-93(6), (7), (10)). Breaking and entering a store with intent to steal is separately burglary under 97-17-33, punishable by up to 7 years.

What is the penalty for a first shoplifting offense in Mississippi?

For a total price of $1,000 or less, a first conviction is a misdemeanor punishable by a fine of up to $1,000, up to six months in county jail, or both (97-23-93(5)(a), as amended by HB 438 of 2024).

Can a store demand money from me after shoplifting in Mississippi?

Under 97-23-96, a person injured by shoplifting may demand in writing the greater of $200 or three times the actual damages before suing, and a person who complies within 30 days receives a written release from further civil liability for that act. A lawyer licensed in Mississippi can advise on a specific demand.

Is car theft a felony in Mississippi?

Yes. Since July 1, 2024, taking a motor vehicle of any value belonging to another with intent to permanently or temporarily deprive the owner is a felony punishable by a fine of up to $10,000, up to 15 years, or both (97-17-42 as amended by SB 2174).