76-6-202. Burglary.
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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:
(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