S.B. 141 Enrolled

1

BURGLARY OFFENSE AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: Holly J. Richardson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Criminal Code regarding elements of the offense of burglary.
10 Highlighted Provisions:
11 This bill:
12 . provides that the offense of burglary includes a person entering a building with the
13 intent to commit any act of voyeurism, rather than the current element of intent to
14 commit an act of voyeurism against a child younger than 14 years of age.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 76-6-202, as last amended by Laws of Utah 2003, Chapter 325
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 76-6-202 is amended to read:
25 76-6-202. Burglary.
26 (1) An actor is guilty of burglary [if he] who enters or remains unlawfully in a building
27 or any portion of a building with intent to commit:
28 (a) a felony;
29 (b) theft;

30 (c) an assault on any person;
31 (d) lewdness, a violation of Subsection 76-9-702 (1);
32 (e) sexual battery, a violation of Subsection 76-9-702 (3);
33 (f) lewdness involving a child, in violation of Section 76-9-702.5 ; or
34 (g) voyeurism [against a child] under [Subsection] Section 76-9-702.7 [(2) or (5)].
35 (2) Burglary is a third degree felony [of the third degree] unless it was committed in a
36 dwelling, in which event it is a second degree felony [of the second degree].
37 (3) A violation of this section is a separate offense from any of the offenses listed in
38 Subsections (1)(a) through (g), and which may be committed by the actor while [he is] in the
39 building.