76-6-202.  Burglary.

(1)  Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.

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Terms Used In Utah Code 76-6-202

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Dwelling: means a building which is usually occupied by a person lodging in the building at night, whether or not a person is actually present. See Utah Code 76-6-201
  • Offense: means a violation of any penal statute of this state. See Utah Code 76-1-101.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(2)  An actor commits burglary if the actor enters or remains unlawfully in a building or any portion of a building with intent to commit:

(a)  a felony;

(b)  theft;

(c)  an assault on any person;

(d)  lewdness, in violation of Section 76-9-702;

(e)  sexual battery, in violation of Section 76-9-702.1;

(f)  lewdness involving a child, in violation of Section 76-9-702.5; or

(g)  voyeurism, in violation of Section 76-9-702.7.

(3) 

(a)  Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.

(b)  A violation of Subsection (2) is a second degree felony if the violation is committed in a dwelling.

(4)  A violation of this section is a separate offense from any of the offenses listed in Subsections (2)(a) through (g), and which may be committed by the actor while in the building.

Amended by Chapter 111, 2023 General Session