AR POST Practice Questions - Arkansas POST Peace Officer Certification Exam

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A suspect in Arkansas breaks into an occupied dwelling at night with the intent to commit a felony inside. Under Ark. Code Ann. § § 5-39-201, 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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