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Miss. Code Ann. § 97-17-23

Burglary; breaking and entering inhabited dwelling; home invasion

Applied in 110 court decisions — leading case 749 So. 2d 123 - Sheffield v. State (1999)

Most recently applied in United States v. Thompson (December 2022)

Codes, 1906, § 1067; Hemingway’s 1917, § 795; 1930, § 811; 1942, § 2037; Laws, 1996, ch. 519, § 1; Laws, 2008, ch. 307, § 1, eff from and after July 1, 2008.

How often courts cite this section

19922000201020202022140
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Every person who shall be convicted of breaking and entering the dwelling house or inner door of such dwelling house of another, whether armed with a deadly weapon or not, and whether there shall be at the time some human being in such dwelling house or not, with intent to commit some crime therein, shall be punished by commitment to the custody of the Department of Corrections for not less than three (3) years nor more than twenty-five (25) years.

(2) Every person who shall be convicted of violating subsection (1) under circumstances likely to terrorize any person who is actually occupying the house at the time of the criminal invasion of the premises shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than twenty-five (25) years.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.