76-6-202 - Burglary.
76-6-202. Burglary.
(1) An actor is guilty of burglary if he enters or remains unlawfully in a building or anyportion of a building with intent to commit:
(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, a violation of Subsection 76-9-702(1);
(e) sexual battery, a violation of Subsection 76-9-702(3);
(f) lewdness involving a child, in violation of Section 76-9-702.5; or
(g) voyeurism against a child under Subsection 76-9-702.7(2) or (5).
(2) Burglary is a felony of the third degree unless it was committed in a dwelling, inwhich event it is a felony of the second degree.
(3) A violation of this section is a separate offense from any of the offenses listed inSubsections (1)(a) through (g), and which may be committed by the actor while he is in thebuilding.
Amended by Chapter 325, 2003 General Session