MS HB1398

Creates two new crimes: "capital mass casualty threat" (killing or injuring someone in a crowd via mass shooting, explosive, chemical release, or vehicle attack) and "mass casualty threat" (attempting but failing to kill or injure)

Mandates death penalty by firing squad for capital mass casualty threat convictions, with alternative sentences of life without parole or life with parole eligibility

Defines "crowd" as two or more people gathered in close physical proximity

Eliminates intent and capability as defenses—prosecution can proceed even if the defendant lacked actual intent or ability to complete the offense

Juvenile offenders convicted of mass casualty threat face life imprisonment or 20-40 years if the jury does not fix the penalty at life