76-6-202.   Burglary.
     (1) An actor is guilty of burglary if he 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 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, in which 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 in Subsections (1)(a) through (g), and which may be committed by the actor while he is in the building.

Amended by Chapter 325, 2003 General Session
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Last revised: Wednesday, July 23, 2008