Utah Code 76-6-202. Burglary
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(1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
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:
(2)(a) a felony;
(2)(b) theft;
(2)(c) an assault on any person;
(2)(d) lewdness, in violation of Section 76-9-702;
(2)(e) sexual battery, in violation of Section 76-9-702.1;
(2)(f) lewdness involving a child, in violation of Section 76-9-702.5; or
(2)(g) voyeurism, in violation of Section 76-9-702.7.
(3)
(3)(a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
(3)(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.