Mississippi § 11-7-165 - Award of damages in civil action against person who steals, embezzles, extorts or converts certain property of vulnerable adult; “position of trust” defined.
Full text of Mississippi Mississippi Code of 1972 Annotated § 11-7-165 — Award of damages in civil action against person who steals, embezzles, extorts or converts certain property of vulnerable adult; “position of trust” defined., with citation guidance and answers to common questions.
§ 11-7-165. Award of damages in civil action against person who steals, embezzles, extorts or converts certain property of vulnerable adult; “position of trust” defined.
In a civil action where it is proven that a person took property having a value of Two Hundred Fifty Dollars ($250.00) or more belonging to a vulnerable adult by conversion, embezzlement, extortion, theft or fraud without the owner’s consent, or obtained the owner’s consent by intimidation, deception, undue influence or by misusing a position of trust or a confidential relationship with the owner, then whether the action is to recover the property or damages in lieu thereof, or both, damages shall be recoverable up to three (3) times the amount of the monetary damages or value of the property embezzled, converted or otherwise stolen, in addition to any other damages. For purposes of this section, “position of trust” shall include, but not be limited to, a person who: Is named the attorney-in-fact in a power of attorney, whether executed before or after the adult became vulnerable; Has assumed a duty to provide care to the vulnerable adult; Is in a fiduciary relationship with the vulnerable adult, including a de facto guardian or de facto conservator; or Is a joint tenant or tenant in common with the vulnerable adult. “Vulnerable adult” shall have the meaning defined in Section 43-47-5, Mississippi Code of 1972. Civil remedies provided under this section shall be supplemental and cumulative, and not exclusive of other remedies afforded under any other law. Damages awarded under this section are remedial and not punitive, and do not limit and are not limited by any criminal action or any other provision of law. Any civil damages paid by the civil defendant shall reduce the amount such defendant, upon conviction, may be ordered to pay in restitution, and any restitution paid under a criminal penalty shall reduce any civil damages owed. The cause of action, the right to bring a cause of action, or the right to seek treble damages pursuant to this section shall not be limited or affected by the death of the owner.
Frequently Asked Questions About Mississippi § 11-7-165
What does Mississippi Code of 1972 Annotated § 11-7-165 cover?
Section 11-7-165 ("Award of damages in civil action against person who steals, embezzles, extorts or converts certain property of vulnerable adult; “position of trust” defined.") is part of the Mississippi Code of 1972 Annotated, the codified statutory law of Mississippi. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Mississippi § 11-7-165?
A common citation format is "Mississippi Code of 1972 Annotated § 11-7-165" (Mississippi). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Mississippi law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Mississippi official source linked on this page or consult a licensed Mississippi attorney.
How does Mississippi § 11-7-165 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Mississippi can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Mississippi.