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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Fillingane
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2793
AN ACT TO CREATE NEW SECTION 97-45-35, MISSISSIPPI CODE OF 1
1972, TO CREATE THE OFFENSE OF FINANCIAL INSTITUTION ACCOUNTS 2
FRAUD; TO PROVIDE CRIMINAL PENALTIES ON A SCALE CORRESPONDING TO 3
THE TOTAL VALUE OF THE MONEY, PROPERTY, SERVICES, OR OTHER THING 4
OF VALUE OBTAINED OR SOUGHT TO BE OBTAINED; TO PROVIDE FOR THE 5
VENUE OF THE CRIME; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The following shall be codified as Section 8
97-45-35, Mississippi Code of 1972: 9
97-45-35. (1) For purposes of this section, the following 10
terms have the meanings ascribed herein: 11
(a) "Financial institution" has the meaning of the term 12
"depository institution" as assigned in Section 81-18-3(i). The 13
term also includes any other bank, credit union, mortgage lender, 14
or financial services company regulated by Title 81 of the 15
Mississippi Code of 1972, as well as a broker or mutual fund 16
company. 17
(b) "Financial institution account" means any deposit 18
account, brokerage account or mutual funds account. 19
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(2) Any person commits the offense of financial institution 20
accounts fraud if that person uses any false or fraudulent 21
pretenses, representations, or promises, or any physical device, 22
any electronic device or means of any kind, or any fraudulent 23
scheme or coercion to cause monies to be withdrawn or taken from a 24
financial institution or to cause monies to be transferred or paid 25
by the financial institution to another person or another 26
financial institution with the purpose to deprive the financial 27
institution or the financial institution's customer of the custody 28
or control of the monies. 29
(3) Whoever commits the offense of financial institution 30
accounts fraud when the total value of the money, property, 31
services, or other thing of value obtained or sought to be 32
obtained is less than One Thousand Dollars ($1,000.00), shall be 33
guilty of a misdemeanor and, upon conviction, shall be punished by 34
a fine of not more than One Thousand Dollars ($1,000.00), or by 35
imprisonment for not more than six (6) months, or by both. 36
(4) Whoever commits the offense of financial institution 37
accounts fraud when the total value of the money, property, 38
services, or other thing of value obtained or sought to be 39
obtained amounts to One Thousand Dollars ($1,000.00) or more, but 40
less than Five Thousand Dollars ($5,000.00), shall be guilty of a 41
felony and, upon conviction, shall be punished by a fine of not 42
more than Ten Thousand Dollars ($10,000.00), or by imprisonment 43
for not more than five (5) years, or by both. 44
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(5) Whoever commits the offense of financial institution 45
accounts fraud when the total value of the money, property, 46
services, or other thing of value obtained or sought to be 47
obtained amounts to Five Thousand Dollars ($5,000.00) or more, but 48
less than Twenty-Five Thousand Dollars ($25,000.00), shall be 49
guilty of a felony and, upon conviction, shall be punished by a 50
fine of not more than Ten Thousand Dollars ($10,000.00), or by 51
imprisonment for not more than ten (10) years, or by both. 52
(6) Whoever commits the offense of financial institution 53
accounts fraud when the total value of the money, property, 54
services, or other thing of value obtained or sought to be 55
obtained amounts to Twenty-Five Thousand Dollars ($25,000.00) or 56
more, shall be guilty of a felony and, upon conviction, shall be 57
punished by a fine of not more than Ten Thousand Dollars 58
($10,000.00), or by imprisonment for not more than twenty (20) 59
years, or by both. 60
(7) A prosecutor may charge alternative offenses under this 61
chapter against the same offender, but no person shall be 62
convicted under this section and another section within this 63
chapter for a crime related to the same theft of monies. 64
(8) For the purposes of venue under the provisions of this 65
section, any violation of this section may be prosecuted in the 66
county in which the delivery or transmission originated, the 67
county in which the delivery or transmission was made, or the 68
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ST: Financial institution accounts fraud;
create offense of.
county in which any act in execution or furtherance of the scheme 69
occurred. 70
SECTION 2. This act shall take effect and be in force from 71
and after July 1, 2026. 72