Criminal Conversation is likely the most misleading term you will hear or read today. Criminal conversation, briefly mentioned in this prior blog on Alienation of Affection, is today’s topic.
Criminal Conversation is an act of adultery between a person and the spouse of another. This tort, meaning a civil wrong, commonly arises in Alienation of Affection situations, but differs greatly from AOA. Alienation allows a wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage. It requires proof of 3 elements; 1) Wrongful Conduct, 2) loss of affections, and 3) a causal connection.
In Criminal Conversation if you have sex with a married person, who is not your spouse, you are guilty. There is no defense to the tort of criminal conversation.
Consent of the wife is no defense. The fact that the wrongdoer did not know the wife was married, but believed her to be single is not a defense. The fact that the wife represented herself as single is not a defense. The fact that the wife was the aggressor is not a defense. The fact that she has been neglected or mistreated by her husband is not a defense. The fact that she and her husband were separated through his fault is no defense.
Criminal Conversation has been hailed as “notorious for affording a fertile field for blackmail and extortion” and action may be brought “not for the purpose of preserving the marital relationship, but rather for purely mercenary or vindictive motives.”Kline v. Ansell,287 Md. 585, 414 A.2d 929, at 931. (1980). Courts have found that this tort is “incompatible with today’s sense of fairness” because there are no defenses to a cause of action. Id.
Several arguments have been advanced for the abolition of it, including;
(1) a woman is no longer the property of her husband;
(2) the tort has no deterrent effect;
(3) a cause of action may be brought for vindictive purposes;
(4) the potential for abuse is great;
(5) the tort is devoid of any defenses; and
(6) determining damages, meaning money, is difficult.
So now that you are sweating about this, rest easy. Criminal Conversation was abolished by the MS Supreme Court in 1992 in the case of Saunders v. Alford, 607 So.2d 1214 (Miss. 1992). Alienation of Affection, however, is alive and well.
Matthew Thompson is a family law attorney in Mississippi. If you need to have a conversation with a lawyer about family law you know who to call.
I have previously blogged on MS gun laws and recent tweaks in the law. In the paper, Sunday, there was an article that stated effective July, MS will allow open carry. (Perhaps, more accurately stated is that it appears that it is not prohibited.)
Previously, the MS Attorney General opined, in June 2012, which is only “advisory,” that it is illegal to carry a handgun without a license (concealed carry permit). The license requires that the entirety of the handgun be concealed. The above picture would be a violation of the old law. If the jacket were covering it completely, it would not be if you had a concealed carry permit. This will be changed effective July 1, 2013, and includes incidental unconcealment will not be a violation. My prior article regarded this “tweak” of the law. However, another inspection of the law change also reveals a few other things ADDED to and REMOVED from the prior law.
ADDED (paraphrasing)
97-37-1. (1) Except as otherwise provided in Section 45-9-101, any person who carries, concealed * * * on or about one’s person, any pistol, revolver… must have a concealed carry license.
(4) For the purposes of this section, “concealed” means hiddenor obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.
This change now takes any pistol out of the definition of “concealed” if in a holster and visible or partly visible. This means the above picture is no longer a concealed handgun and no longer is subject to concealed carry license requirements.
The licensing requirements of this section do not apply to the carrying by any person of a stun gun,pistol or revolver, …that is not concealed as defined in Section 97-37-1.
So now the law change has established what the definition of “concealed” is NOT and that a pistol in a holster, on your person, that is visible is not concealed.
Now for the REMOVED section.
The prior law had a clause to the effect ‘that nothing herein may be used to authorize open carry…‘ This language has been deleted from the new law. The reason is because now this concealed carry law, which defines “concealed,” specifically excludes being applied to a pistol in a holster that is visible. It, by default, defines open carry.
There is a maxim in the law that holds that which is not prohibited is allowed. “Everything which is not forbidden is allowed” is a constitutional principle of English law — an essential freedom of the ordinary citizen. MS has no law, effective July, that prohibits open carry (and did not prior to this either, really). Or rather, MS law now defines a pistol in a holster as not concealed and therefore not subject to concealed carry license requirements.
So, what else is on the books? The MS Constitution guarantees our rights to keep and bear arms (along with the US Constitution). There is nothing else in the law regarding concealed or open carry for citizens.
You can read the bill for yourself here. While it is not black and white law allowing for open carry, there is now (July 2013) “nothing” which can be used to prohibit open carry. Interestingly, I have heard that the same restrictions to concealed carry apply to open carry, meaning limitations on locations and that if a person posted a sign that you could not carry on premises. I say “interestingly” because the prohibitions are all in the concealed carry license statute, the law which specifically authorizes concealed carry. The argument could be made that open carry is not subject to concealed carry rules because it is specifically excluded from the definition.
I predict some more law changes and litigation/law enforcement run-ins about this one.
Matthew Thompson is a family law attorney in Mississippi and supports your Second Amendment rights.
Guns and concealed carry issues are all over the news. Gun safety classes and concealed carry interest is at an all time high. I had intended to do this posting in a little more of a conversational tone, however in looking at the law in MS regarding concealed carry and considering the high interest, I decided to be more informative and closely adhere to the statutory language. Having made that disclaimer, I did edit down, considerably, the law and highlighted what I determined to be the meat of the law. The following are the basics of MS gun laws. (read the Update as well for 2 recent changes) and yet another (update on “open carry.”)
In Mississippi a person can lawfully possess a firearm, unless they cannot due to felony, infirmity or other legally recognized reason. They may have a gun in their home, car and business and can use it to defend their life, as well as defense from serious bodily injury for themselves and others. They may have a loaded firearm in their home, car and on their person, though restrictions apply regarding on your person and car, due to concealed carry restrictions and some hunting laws. There is also debate on whether a person can open carry in MS. There are certainly exceptions for hunting purposes, but the MS Attorney General has taken the position that persons cannot open carry.
Mississippi has a ” Concealed Carry” law.
Miss. Code Ann. § 45-9-101 (2012) (NOT reproduced in its entirety, paraphrased)
§ 45-9-101. License to Carry
(1) (a) The Department of Public Safety may issue licenses to carry concealed to persons qualified. Such licenses shall be valid for(5) years. Any person possessing a valid license may carry. (b) The licensee must carry the license & valid identification, at all times if carrying and must display both the license and proper identification upon demand by a law enforcement officer.(2) The Department of Public Safety shall issue a license if the applicant:(a) Is a resident of the state for twelve (12) months or longer prior to filing.(b) Is at least twenty-one (21) years of age;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a gun;
(d) Is not ineligible to possess a firearm by virtue of a felony;
(e) Does notabuse controlled substances. It shall be presumed that an applicant uses controlled substances if the applicant has been committed to a treatment facility or been found guilty of a crime relating to controlled substances within three-years preceding application ;
(f) Does not abuse alcoholic beverages. It shall be presumed that an applicant uses alcohol if the applicant has been committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol within three-years preceding application;
(g) to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years, if so;
(i) Has not been committed to a mental institution unless he possesses a certificate from a psychiatrist that he has not suffered for 5 years;
(j) Has not had guilt withheld or sentence suspended on any felony unless three (3) years have elapsed;
(k) Is not a fugitive from justice; and
(l) Is not disqualified to possess or own a weapon based on federal law.
(3) The Department of Public Safety may deny a license if the applicant has been found guilty of crimes of violence constituting a misdemeanor unless three (3) years have elapsed.
(4) The Application Process
(a) The name, address, place and date of birth, race, sex and occupation of the applicant;
(b) The driver’s license number or social security number of applicant;
(c) Any previous address of the applicant for the two (2) years preceding the date of the application;
(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
(f) A conspicuous warning that the application is executed under oath and false answers subjects the applicant to criminal prosecution; and
(g) A statement that the applicant desires a legal means to carry to defend himself.
(5) The applicant shall submit only the following to the Department of Public Safety:
(a) A completed application as described in subsection (4) of this section;
(b) A full-face photograph of the applicant taken within the preceding (30) days
(c) A nonrefundable license fee of ($ 100.00) + Costs for processing the set of fingerprints
(d) A full set of fingerprints of the applicant administered by the Department of Public Safety; and
(e) A waiver authorizing the Department of Public Safety access to any records of commitment and criminal.
… CANNOT carry here:
(13) No license issued shall authorize any person to carry concealed into any place of nuisance as defined in Section 95-3-1; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except if encased for shipment; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition carrying may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the “carrying of a pistol or revolver is prohibited.
UNLESS; Mississippi also allows for an enhanced carry per MCA§ 97-37-7, which removes most of the above restrictions :
A person licensed under Section 45-9-101 to carry a concealed pistol, who has voluntarily completed an instructional course in the safe handling and use of firearms offered by an instructor certified by a nationally recognized organization that customarily offers firearms training, or by any other organization approved by the Department of Public Safety, shall also be authorized to carry weapons in courthouses except in courtrooms during a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101, except any place of nuisance as defined in Section 95-3-1, any police, sheriff or highway patrol station or any detention facility, prison or jail.
…
(18) Nothing in this section shall be construed to require or allow the registration of any gun or firearm. Further, nothing in this section shall be construed to allow the open and unconcealed carrying of any gun.
(19) Any person holding a valid license to carry issued in another state shall have such license recognized by this state.
What can you NOT carry?
§ 97-37-1. Deadly weapons; carrying while concealed;
(1) any person who carries, concealed in whole or in part, any bowie knife, dirk knife, butcher knife, switchblade knife, metallic knuckles, blackjack, slingshot, pistol, revolver, or any rifle with a barrel of less than sixteen (16) inches in length, or any shotgun with a barrel of less than eighteen (18) inches in length, machine gun or any fully automatic firearm or deadly weapon, or any muffler or silencer for any firearm, whether or not it is accompanied by a firearm, or uses or attempts to use against another person any imitation firearm, shall upon conviction be punished as follows:(a) By a fine of not less than ($ 100.00) nor more than ($ 500.00), or imprisonment for not more than six (6) months, or both,(b) By a fine of not less than ($ 100.00) nor more than ($ 500.00), and imprisonment not less than thirty (30) days nor more than six (6) months, for the second conviction.(c) By confinement in the custody of the Department of Corrections for not less than (1) year nor more than (5) years, for the third conviction.
(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed in whole or in part within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
(3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, “legitimate weapon-related sports activity” means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon.
Matthew Thompson is a family law attorney and suggests you be careful as you never know who may be packing.
In Family Law, dealing with divorce and child custody issues are enough to keep any attorney busy. With ever-changing emotions, gray areas of the law relating to dividing assets and assessing how a particular judge may determine the best interests of a child, attorneys and clients don’t need more on their plate to deal with. But, there is more…Jail!
I have previously blogged on going to Jail for having sex and not paying child support, but there is another reason folks go to jail in their family law case, letting their emotions get the best of them.
It is quite common for Family law matters to “spill over” into Justice Court or Municipal Courts. Most commonly are assault, trespass and domestic violence violations. I have included portions of the statute for you to review, below and italicized common issues.
The severity of these charges depends in large part on the severity of the circumstances, the severity of injuries, if any, and whether there is a history of violations or abuse. Unfortunately, it is not uncommon for one spouse to attempt to use these criminal allegations to “one-up” the other and attempt to use the criminal charges as leverage in divorce negotiations.
Lawyers would be wise to warn their clients about the possibility of a client losing their cool, even once, leading to criminal charges and that, perhaps, their former significant other may “create” circumstances in the hopes of using those against them in a later or pending divorce action.
§ 97-3-7. Simple assault
(1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely…causes bodily injury to another; (ii) negligently causes bodily injury with a deadly weapon… or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment for not more than six (6) months, or both.
§ 97-17-85. Trespass; going upon inclosed land of another
If any person shall go upon the enclosed land of another without his consent, after having been notified by such person …not to do so …or shall remain on such land after a request by such person; shall, upon conviction, be fined not more than Fifty Dollars ($ 50.00).
(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section (see simple assault) against a current or former spouse … upon conviction, the defendant shall be punished as provided under subsection (1) …a third conviction of simple domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.
§ 97-3-7. Aggravated domestic violence
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, a current or former spouse … Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years… a third conviction of aggravated domestic violence…within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.
(2) (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.
Matthew Thompson is a family law attorney that has only been to jail to help his clients get out. He intends to keep it that way and hopes (advises) that you do too!
Below are the Top Rated posts for BowTieLawyer for 2012 and a few of my favorites. Thank you for viewing this blog, posting comments and sharing. I think this is a worthwhile blog and I enjoy doing it.
I began on August 14, 2012, blogging about Family Law issues and whatever else I felt like.
This blog is inspired by the many, many folks I encounter on a weekly basis who have “no clue” what their rights are.
If you’re ill, you go to the doctor to get a check-up.
If your car is squeaking, you go to the mechanic.
If your roof is leaking, you call the repair man.
But if you think you are in a legal situation, what do you do? YOU IGNORE IT!
Do NOT ignore it. Go see an attorney. They don’t bite. We’ve already discussedhow to determine if you need one (here)and how to find one (here). This is just aimed at the folks on the fence and those choosing to be blissfully ignorant. Not knowing your rights, not knowing the law, and not knowing your options is a bad thing.
There are deadlines, timelines, and statutes of limitation. Memories fail, people forget or misremember, documents get lost, people get lost, and “witnesses” die. Records get erased, deleted and shredded. Bruises and wounds heal, scars fade, and most persons recall times past more fondly (or at least not as bad) than they were.
Get off the fence. Get informed and know your rights.
Thompson Law Firm, pllc Matthew@BowTieLawyer.ms (601) 850-8000
In my profession as a “wicked” divorce attorney I hear lots of cursing and sordid tales. I see pictures, movies, texts, emails, and love letters that would make you blush. Plus I get paid to review this “evidence.” (All fodder for future blogs!). I am saying this just so you know I am not a “prude.” However, I have recently visited the most magical place on Earth and was astounded with what I heard. (**I do not attribute the amount of the cursing to the magical location. I think I was more acutely aware of the cursing due to the circumstances. Don’t sue me, Mickey!**)
stockimage/ freedigitalphotos.net
With that disclaimer, the following is a snippet of what I personally heard/observed;
“He’s an a**h****! See his badge. All the guys with badges are a**h***s.” (Said by a an early fifties male guest to his early fifties wife, about a park employee bus driver, as the wife nodded in agreement).
“More like Barbie B*tch.” (One mom said to another mom when the child was describing Tinkerbell Barbie to another child).
“That’s some bu**$***.” (Not sure of the context, but overheard a forty-something male saying to his friend).
Various “F-bombs.” (Mainly regarding waiting in lines; lines for the bus, for the rides, for the restaurants…there are a lot of lines).
AND overheard kids saying;
“$h**, mom! We missed Tinkerbell!” (I really heard a 12-year-old say this to his mother, mom responded that Tinkerbell will probably be back soon).
“Don’t be a ‘Whiny B#tt'” (Said by a 5-year-old to her 4-year-old sister).
Theatrical release poster/wikipedia
Okay, so you heard someone cussin’. What’s the big deal?
The big deal is that there were numerous children all within earshot of every instance, from babies to teenagers. I don’t use curse words, except professionally. I would especially prefer you to not curse around children. Also, it could get you cited for obscenity or disturbing the peace.
And kids cursing? Come on. Back in the day; b#tt, d@mn, cr@p and s#cks were bad words. Not to mention the unmentionables (four-letter words). Let’s keep those words taboo.
Want to cuss at your house? Have at it. Go to a public location attended by 1,000s of kids, try not to be the cast from The Usual Suspects. Want your child to gain friends and win influence? Teach them how to speak by setting the right example.
Don’t like my opinion? Cuss me out, but do it via email at Matthew@wmtlawfirm.com or the next time we are having a private conversation.
Thompson Law Firm, pllc Matthew@wmtlawfirm.com (601) 850-8000
With Thanksgiving and Christmas quickly approaching, it is always a good idea to be vigilant in protecting your identity. Along with serious shopping comes a serious chance of having your identity stolen.
stockimages /freedigitalphotos.net
Clients frequently inquire about what can be done about stolen identity and fraudulent charges. The following are steps you should take immediately.
(1) Contact the local police department and file a report of the theft. Be sure to take as much documentation of the ID theft as you can. *(Not all police stations will want to take the report, but the Federal Trade Commission has a Staff Memorandum to Police on the Importance of Taking Identity Theft Police Reports which may be helpful in having the report filed.)
(2) Contact any creditors for the accounts that you believe have been corrupted or fraudulently opened.
a. Ask to speak with the Fraud or Security Department and inform them of the theft. Some companies accept an Identity Theft Affidavit, but some require particular documentation to be provided. Be sure to obtain the specific address to which a dispute letter or ID Theft Affidavit should be mailed. Follow up the conversation with a letter.
b. Request that the company provide all documents underlying the fraudulent activity. By law the Fair Credit Reporting Act section 609(e), provides that creditors must give you a copy of the application or other business transaction records relating to your identity theft free of charge. Creditors must provide these records within thirty (30) days of receipt of your request. In order to obtain these records, you must mail your request to the address chosen by the creditor. Contact the creditor’s fraud department by telephone to find out if the creditor has chosen a specific address.
c. If someone is misusing your existing checking account, accounts, or electronic funds transfers, such as your debit card, you should dispute in writing any charges run up by the identity thief on those accounts. Insist on having debits reinstated. Ask the representative to send you the company’s fraud dispute forms. Dispute any bad checks passed in your name with merchants so they do not start collections actions against you.
(3) Contact the Fraud Department the credit reporting agencies (CRAs). Inform them that you are an identity theft victim and that you wish to place a fraud alert on you file, as well as a victim’s statement requesting a call to you by the credit bureaus before opening or changing credit accounts. An initial 90-day fraud alert will be placed, and this can be extended to 7-years, or a credit freeze can be placed. (As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts, and all three credit reports will be sent to you free of charge. The victim should receive confirmation letters from all three CRAs confirming the 90-day fraud alert. If no letter is received, the individual CRA should be contacted, and the victim may be asked to provide additional proof of the identity theft.)
The three major credit agencies and their contact information are:
1. Equifax
For Fraud Alerts, call: 800‑525‑6285 and write:
P.O. Box 740241, Atlanta, GA 30374‑0241
2. Experian
For Fraud Alerts, call: 888‑EXPERIAN (397‑3742) and write:
P.O. Box 9530, Allen TX 75013
3. TransUnion
For Fraud Alerts, call: 800‑680‑7289 and write:
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634
(4) Each CRA will provide a free credit report. The victim should review the report. The victim should review the reports for errors. If there are errors the victim will need to contact the CRAs in order to correct the credit reports. The CRAs are required to block fraudulent items that the consumer did not open or that the consumer did not make. Attempting to have the report corrected can be initiated by the victim sending an Identity Theft Report (police report), letter explaining what is fraudulent (highlight areas on the report), and proof of identity.
(5) File a report with the Federal Trade Commission (FTC) on their Identity Theft Hotline at 1‑877‑IDTHEFT(1‑877‑438‑4338) or their website at www.consumer.gov/idtheft.
(6) Contact the Consumer Protection Division of the Mississippi Attorney General’s Officeand request an ID Theft Packet at 1‑800‑281‑4418. Complete the ID Theft Affidavit in the packet and return it to this address:
(7) Once the identity theft dispute has been resolved with the creditor, ask for a letter from the creditor stating that they have closed the disputed accounts and have discharged you of the fraudulent debts. This letter is the best proof if errors relating to this account reappear on your credit report or the victim is mistakenly contacted again about the fraudulent debt. Keep old files. Although most cases once resolved, stay resolved, in some cases, problems can crop up again.
*Meridian attorney Amanda Evans provided this insightful primer on what to do.
Matthew Thompson is Domestic Relations Lawyer in Mississippi and reminds you to be smart when you shop in stores and online.
Follow the blog: BowTieLawyerVisit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms
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