MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representatives Shows, Ellzey, Eaton, Read, Reynolds, Smith (39th), Stringer

AN ACT TO CREATE THE CRIME OF BURGLARY/HOME INVASION; TO PROVIDE A PENALTY FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 97-17-23, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A person is guilty of burglary/home invasion if the person enters a dwelling without consent and with intent to commit a crime in the dwelling, and when, in effecting entry or while in the dwelling or in immediate flight, he or another participant in the crime:

(a) Is armed with a deadly weapon or explosive; or

(b) Causes physical injury to a person who is not a participant in the crime; or

(c) Uses or threatens the use of a dangerous instrument; or

(d) Displays what is or appears to be a knife, pistol revolver, rifle, shotgun, machine gun, or other firearm.

(2) Burglary/home invasion is a felony punishable by a term of not more than thirty (30) years.

SECTION 2. Section 97-17-23, Mississippi Code of 1972, is amended as follows:

97-17-23. Except as provided by Section 1 of this act, 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 imprisonment in the Penitentiary not less than three (3) years nor more than twenty-five (25) years.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.