H.B. 447

1

BURGLARY OF A RAILROAD CAR
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: James R. Gowans
5 Senate Sponsor: Mike Dmitrich
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Criminal Code by making it a felony of the third degree to
10 burglarize a railroad car.
11 Highlighted Provisions:
12 This bill:
13 . defines the term "railroad car";
14 . provides that it is a felony of the third degree to unlawfully enter a railroad car, or
15 break the lock or seal on any railroad car, with the intent to commit a felony or
16 theft; and
17 . provides that a charge against any person for a violation of this bill does not
18 preclude a charge for a commission of any other offense.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-6-201, as enacted by Chapter 196, Laws of Utah 1973
26 ENACTS:
27 76-6-204.5, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-6-201 is amended to read:
31 76-6-201. Definitions.
32 For the purposes of this part:
33 (1) "Building," in addition to its ordinary meaning, means any watercraft, aircraft,
34 trailer, sleeping car, or other structure or vehicle adapted for overnight accommodation of
35 persons or for carrying on business therein and includes:
36 (a) Each separately secured or occupied portion of the structure or vehicle; and
37 (b) Each structure appurtenant to or connected with the structure or vehicle.
38 (2) "Dwelling" means a building which is usually occupied by a person lodging therein
39 at night, whether or not a person is actually present.
40 (3) A person "enters or remains unlawfully" in or upon premises when the premises or
41 any portion thereof at the time of the entry or remaining are not open to the public and when
42 the actor is not otherwise licensed or privileged to enter or remain on the premises or such
43 portion thereof.
44 (4) "Enter" means:
45 (a) Intrusion of any part of the body; or
46 (b) Intrusion of any physical object under control of the actor.
47 (5) "Railroad car," in addition to its ordinary meaning, includes any container or trailer
48 that is on a railroad car.
49 Section 2. Section 76-6-204.5 is enacted to read:
50 76-6-204.5. Burglary of a railroad car -- Charge of other offenses.
51 (1) Any person who unlawfully enters a railroad car, or breaks the lock or seal on any
52 railroad car, with the intent to commit a felony or theft is guilty of burglary of a railroad car.
53 (2) Burglary of a railroad car is a felony of the third degree.
54 (3) A charge against any person for a violation of Subsection (1) does not preclude a
55 charge for a commission of any other offense.

Legislative Review Note
as of 1-30-07 2:23 PM

Office of Legislative Research and General Counsel