Second Substitute H.B. 220

Representative Katherine M. Bryson proposes to substitute the following bill:

1 BURGLARY AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Katherine M. Bryson
5 This act modifies the Criminal Code by including as a burglary offense the entering of a
6 building with intent to commit a sexual offense.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 76-6-202, as enacted by Chapter 196, Laws of Utah 1973
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 76-6-202 is amended to read:
12 76-6-202. Burglary.
13 (1) [A person] An actor is guilty of burglary if he enters or remains unlawfully in a
14 building or any portion of a building [with intent to commit a felony or theft or commit an assault
15 on any person.] with intent to commit:
16 (a) a felony;
17 (b) theft;
18 (c) an assault on any person;
19 (d) lewdness, a violation of Subsection76-9-702(1);
20 (e) sexual battery, a violation of Subsection 76-9-702 (3); or
21 (f) lewdness involving a child, in violation of Section 76-9-702.5 .
22 (2) Burglary is a felony of the third degree unless it was committed in a dwelling, in which
23 event it is a felony of the second degree.
24 (3) A violation of this section is a separate offense from any of the offenses listed in
25 Subsection (1)(a) or (1)(b), and which may be committed by the actor while he is in the building.

*HB0220S2*