Mississippi Code
Miss. Code Ann. § 97-17-23 (2026)
Burglary; breaking and entering inhabited dwelling; home invasion
✓ current as of July 2026
- (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.
Codes, 1906, § 1067; Hemingway's 1917, § 795; 1930, § 811; 1942, § 2037; Laws, 1996, ch. 519, § 1; Laws, 2008, ch. 307, § 1, eff. 7/1/2008.
Notes of Decisions
Cited in 156
cases (17 in the last 5 years), 1992–2026 · leading case: Archie Quinn v. State of Mississippi, 191 So. 3d 1227 (Miss. 2016).
Archie Quinn v. State of Mississippi, 191 So. 3d 1227 (Miss. 2016). “” Miss. Code Ann. § 97-17-23 (1) (Rev. 2014).”
Edwards v. State, 800 So. 2d 454 (Miss. 2001). “Edwards was indicted and found guilty under Miss.Code Ann. § 97-17-23 *460 (2000) for burglary of a dwelling.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “582(1) ("enters a building without consent") Miss.Code § 97-17-23(1) ("breaking and entering") Nev.”
Conner v. State, 138 So. 3d 143 (Miss. 2014). “” Miss.Code Ann. § 97-17-23 (Rev.2006). The trial court gave the following instruction on the elements of burglary: In Count I, Defendant Daryl Conner has been charged with the crime of Burglary of a Dwelling.”
William Scott Ashwell v. State of Mississippi, 226 So. 3d 69 (Miss. 2017). “2012); Miss. Code Ann. § 97-17-23 (Rev. 2014). Because no charging document was filed, we are unable to discern the date of Ashwell’s crime, the victim’s name, the particular residence he was pleading guilty to 18 Section 97-17-23 does not include an element requiring the…”
Isom v. State, 928 So. 2d 840 (Miss. 2006). “We find the testimony was sufficient for the identification to be admissible without any likelihood of misidentification or irreparable identification.”
Stevens v. State, 806 So. 2d 1031 (Miss. 2001). “Burglary is defined in Miss. Code Ann. § 97-17-23 (2000) as follows: 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…”
Richard White v. State of Mississippi, 195 So. 3d 765 (Miss. 2016). “As Windless reiterated, “[t]he elements of burglary are (1) ‘breaking and entering the dwelling house or inner door of such dwelling house of another’ (2) ‘with the intent to commit some crime therein[.”
Spears v. State, 942 So. 2d 772 (Miss. 2006). “Miss.Code Ann. § 97-17-23 was properly stated in the indictment.”
Anthony Windless v. State of Mississippi, 185 So. 3d 956 (Miss. 2015). “Miss. Code Ann. § 97-17-23 (1) (Rev. 2014).”
Stewart v. State, 909 So. 2d 52 (Miss. 2005). “Benjamin Stewart a/k/a "Benzo" was indicted by the Bolivar County Grand Jury on two counts of burglary of a dwelling in violation of Miss.Code Ann. § 97-17-23. A jury trial was held with the jury returning a hung jury verdict on Count I and a guilty verdict on Count II.”
Damion LaFredrick Pace v. State of Mississippi, 242 So. 3d 107 (Miss. 2018). “And pursuant to the applicable burglary statute, "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…”
— Miss. Code Ann. § 97-17-23(1) — 16 cases
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “582(1) ("enters a building without consent") Miss.Code § 97-17-23(1) ("breaking and entering") Nev.”
Conner v. State, 138 So. 3d 143 (Miss. 2014). “” Miss.Code Ann. § 97-17-23 (Rev.2006). The trial court gave the following instruction on the elements of burglary: In Count I, Defendant Daryl Conner has been charged with the crime of Burglary of a Dwelling.”
Archie Quinn v. State of Mississippi, 191 So. 3d 1227 (Miss. 2016). “” Miss. Code Ann. § 97-17-23 (1) (Rev. 2014).”
Richard White v. State of Mississippi, 195 So. 3d 765 (Miss. 2016). “As Windless reiterated, “[t]he elements of burglary are (1) ‘breaking and entering the dwelling house or inner door of such dwelling house of another’ (2) ‘with the intent to commit some crime therein[.”
Johnson v. State, 94 So. 3d 1209 (Miss. Ct. App. 2011).
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