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Burglary Classification Under Utah Law


It is a common misconception that burglary only relates to stealing. In fact, burglary can relate to many other felony or misdemeanor chargers. Under Utah Criminal Code 76-6-202, burglary can be alleged against an individual who unlawfully enters or remains in a building with the intention of committing a criminal offense. This includes felonies, theft, assault, lewdness, or sexual battery.

If the burglary was committed on a private or public property that is not a dwelling, it is a 3rd degree felony. In cases where it is committed in a home, apartment, condominium, or other dwelling, it is a 2nd degree felony. Note that violation for burglary is considered separate to other crimes that are committed by the individual after they have illegally entered the property.

A burglary offense is considered aggravated if another person is injured as a result of the crime, there were threats to other individuals, or if there was the attempt or possession of explosives. This is a first degree felony offense.

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