Utah Code § 76-6-202 : — UTAH CRIMINAL CODEOFFENSES AGAINST PROPERTY —6-202 - Burglary TEXT PDF (1) An actor is guilty of burglary who 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, a violation of Section 76-9-702; (e) sexual battery, a violation of Section 76-9-702.1; (f) lewdness involving a child, in violation of Section 76-9-702.5; or (g) voyeurism under Section 76-9-702.7. (2) Burglary is a third degree felony unless it was committed in a dwelling, in which event it is a second degree felony. (3) A violation of this section is a separate offense from any of the offenses listed in Subsections (1)(a) through (g), and which may be committed by the actor while in the building. Utah Code § 76-6-202 Amended by Chapter 303, 2012 General Session ,§ 2, eff. 5/8/2012. Amended by Chapter 78, 2011 General Session