(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