76-6-202. Burglary.
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Effective 5/6/2026
76-6-202. Burglary.
(1)Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(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:
(a)a felony;
(b)theft;
(c)an assault on any person;
(d)lewdness, in violation of Section 76-5-419 ;
(e)sexual battery, in violation of Section 76-5-418 ;
(f)lewdness involving a child, in violation of Section 76-5-420 ;
(g)voyeurism, in violation of Section 76-12-306 ;
(h)recorded or photographed voyeurism, in violation of Section 76-12-307 ; or
(i)distribution of images obtained through voyeurism, in violation of Section 76-12-308 .
(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 (i), and which may be committed by the actor while in the building.
Amended by Chapter 324 , 2026 General Session