MS POST Practice Questions - Mississippi POST Peace Officer Certification Exam

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A suspect in Mississippi breaks into an occupied dwelling at night with the intent to commit a felony inside. Under Miss. Code Ann. § § 97-17-23, what degree of burglary is this most likely classified as?

First-degree burglary because the dwelling was occupied Second-degree burglary because no weapon was used Third-degree burglary because no property was actually taken Simple trespass because no one was harmed

Correct Answer:

First-degree burglary because the dwelling was occupied

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