Bill Text: MS SB2793 | 2026 | Regular Session | Engrossed
Bill Title: Financial institution accounts fraud; create offense of.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-03-03 - Died In Committee [SB2793 Detail]
Download: Mississippi-2026-SB2793-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2793
(As Passed the Senate)
AN ACT TO CREATE NEW SECTION 97-45-35, MISSISSIPPI CODE OF 1972, TO CREATE THE OFFENSE OF FINANCIAL INSTITUTION ACCOUNTS FRAUD; TO PROVIDE CRIMINAL PENALTIES ON A SCALE CORRESPONDING TO THE TOTAL VALUE OF THE MONEY, PROPERTY, SERVICES, OR OTHER THING OF VALUE OBTAINED OR SOUGHT TO BE OBTAINED; TO PROVIDE FOR THE VENUE OF THE CRIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 97-45-35, Mississippi Code of 1972:
97-45-35. (1) For purposes of this section, the following terms have the meanings ascribed herein:
(a) "Financial institution" has the meaning of the term "depository institution" as assigned in Section 81-18-3(i). The term also includes any other bank, credit union, mortgage lender, or financial services company regulated by Title 81 of the Mississippi Code of 1972, as well as a broker or mutual fund company.
(b) "Financial institution account" means any deposit account, brokerage account or mutual funds account.
(2) Any person commits the offense of financial institution accounts fraud if that person uses any false or fraudulent pretenses, representations, or promises, or any physical device, any electronic device or means of any kind, or any fraudulent scheme or coercion to cause monies to be withdrawn or taken from a financial institution or to cause monies to be transferred or paid by the financial institution to another person or another financial institution with the purpose to deprive the financial institution or the financial institution's customer of the custody or control of the monies.
(3) Whoever commits the offense of financial institution accounts fraud when the total value of the money, property, services, or other thing of value obtained or sought to be obtained is less than One Thousand Dollars ($1,000.00), shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than six (6) months, or by both.
(4) Whoever commits the offense of financial institution accounts fraud when the total value of the money, property, services, or other thing of value obtained or sought to be obtained amounts to One Thousand Dollars ($1,000.00) or more, but less than Five Thousand Dollars ($5,000.00), shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for not more than five (5) years, or by both.
(5) Whoever commits the offense of financial institution accounts fraud when the total value of the money, property, services, or other thing of value obtained or sought to be obtained amounts to Five Thousand Dollars ($5,000.00) or more, but less than Twenty-Five Thousand Dollars ($25,000.00), shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for not more than ten (10) years, or by both.
(6) Whoever commits the offense of financial institution accounts fraud when the total value of the money, property, services, or other thing of value obtained or sought to be obtained amounts to Twenty-Five Thousand Dollars ($25,000.00) or more, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment for not more than twenty (20) years, or by both.
(7) A prosecutor may charge alternative offenses under this chapter against the same offender, but no person shall be convicted under this section and another section within this chapter for a crime related to the same theft of monies.
(8) For the purposes of venue under the provisions of this section, any violation of this section may be prosecuted in the county in which the delivery or transmission originated, the county in which the delivery or transmission was made, or the county in which any act in execution or furtherance of the scheme occurred.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.
