H.B. 220 Enrolled

BURGLARY AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Katherine M. Bryson
This act modifies the Criminal Code by including as a burglary offense the entering of a
building with intent to commit a sexual offense.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-6-202, as enacted by Chapter 196, Laws of Utah 1973
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 76-6-202 is amended to read:
76-6-202. Burglary.
(1) [A person] 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 felony or theft or commit an assault
on any person.] with intent to commit:
(a) a felony;
(b) theft;
(c) an assault on any person;
(d) lewdness, a violation of Subsection76-9-702(1);
(e) sexual battery, a violation of Subsection 76-9-702 (3); or
(f) lewdness involving a child, in violation of Section 76-9-702.5 .
(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
Subsection (1)(a) or (1)(b), and which may be committed by the actor while he is in the building.