Miss. Code Ann. » Miss. Code Ann. / Title 97 / Chapter 17
Mississippi Code

Miss. Code Ann. § 97-17-33 (2026)

Burglary; breaking and entering building other than dwelling; railroad car; vessels; automobiles

✓ current as of July 2026
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Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(17); 1857, ch. 64, art. 50; 1871, § 2527; 1880, § 2743; 1892, § 996; 1906, § 1073; Hemingway's 1917, § 801; 1930, § 817; 1942, § 2043; Laws, 1940, ch. 243; Laws, 1960, ch. 241; Laws, 1989, ch. 347, § 1; Laws, 1997, ch. 473, § 4, eff. 3/27/1997.

Notes of Decisions
Cited in 87 cases (9 in the last 5 years), 1982–2026 · leading case: Grayer v. State, 120 So. 3d 964 (Miss. 2013).
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Grayer v. State, 120 So. 3d 964 (Miss. 2013). · cites it 3× “Miss.Code Ann. § 97-17-33 (Rev.2006). .Miss.”
Jefferson v. State, 556 So. 2d 1016 (Miss. 1989). · cites it 3× “During the May, 1987, term of the Circuit Court of the Second Judicial District of Bolivar County, the grand jury indicted Lester Lee Jefferson for the crime of burglary of a business Miss. Code Ann. § 97-17-33 (1972), and as an habitual offender, Miss.”
Goldman v. State, 741 So. 2d 949 (Miss. Ct. App. 1999). · cites it 7× “Goldman contends the trial court should have granted a directed verdict because the State failed to establish the elements of burglary of a business as established by Miss.Code Ann. § 97-17-33 (Rev.1994), which provides: [E]very person who shall be convicted of breaking and…”
Turner v. State, 721 So. 2d 642 (Miss. 1998). · cites it 3× “On January 24, 1997, Timothy Turner was indicted by the Yazoo County Grand Jury for the crime of automobile burglary in violation of Miss.Code Ann. § 97-17-33. On April 11, 1997, Turner was given a trial by jury in the Yazoo County Circuit Court, and the jury returned a verdict…”
State v. Thomas, 645 So. 2d 931 (Miss. 1994). · cites it 3× “Miss. Code Ann. § 97-17-33 (Supp. 1993) requires the breaking and entering of building (including a shop) with intent to steal or commit any felony therein.”
Willie D. Triplett v. State of Mississippi, 264 So. 3d 808 (Miss. Ct. App. 2018). · cites it 2× “See Miss. Code Ann. § 97-17-33 (2) (Rev. 2014) (providing that a conviction for burglary of a church shall be punishable by imprisonment for not more than fourteen years); Miss.”
Tracy Greer v. United States, 938 F.3d 766 (6th Cir. 2019). “266, § 16A (1966); Miss. Code Ann. § 97-17-33 (1960); Mo. Rev.”
Edwards v. State, 800 So. 2d 454 (Miss. 2001). “Miss.Code Ann. § 97-17-33(1) (2000) reads as follows: (1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft,…”
Harrison v. State, 722 So. 2d 681 (Miss. 1998). · cites it 2× “" Miss.Code Ann. § 97-17-33 (1994), the statute under which Harrison was charged, prohibits the breaking and entering, with intent to steal, of any building "in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit or transportation.”
People v. Sparks, 47 P.3d 289 (Cal. 2002). “111 [entry into “private apartment” within a building or other structure constitutes burglary (italics added)]; Miss. Code Ann. § 97-17-33 (1) [entry into “private room or office” inside building or structure constitutes burglary (italics added)] ; Vt.”
Charles Naylor v. State of Mississippi, 248 So. 3d 793 (Miss. 2018). “" Miss. Code Ann. § 97-17-33 (1) (Rev. 2014).”
Hill v. State, 929 So. 2d 338 (Miss. Ct. App. 2005). · cites it 2× “" Miss.Code Ann. § 97-17-33 (Rev.2000). "Breaking" is an act of force, however slight, used to gain entrance.”
Show all 87 citing cases →
— Miss. Code Ann. § 97-17-33(1) — 11 cases
Edwards v. State, 800 So. 2d 454 (Miss. 2001). “Miss.Code Ann. § 97-17-33(1) (2000) reads as follows: (1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft,…”
Johnson v. State, 94 So. 3d 1209 (Miss. Ct. App. 2011).
Ford v. State, 911 So. 2d 1007 (Miss. Ct. App. 2005).
Cridiso v. State, 956 So. 2d 281 (Miss. Ct. App. 2006).
McMillan v. State, 6 So. 3d 444 (Miss. Ct. App. 2009).
— Miss. Code Ann. § 97-17-33(1994) — 1 case
Harrison v. State, 722 So. 2d 681 (Miss. 1998). “" Miss.Code Ann. § 97-17-33 (1994), the statute under which Harrison was charged, prohibits the breaking and entering, with intent to steal, of any building "in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit or transportation.”
— Miss. Code Ann. § 97-17-33(2) — 1 case
Stewart v. State, 839 So. 2d 535 (Miss. Ct. App. 2002).
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