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Burglary Under Utah Law

Utah Code § 76-6-202 addresses the penalties and punishments for the crime of burglary. Burglary of a dwelling is a felony in the second degree. If the burglary does not occur in a dwelling then the offense is charged as a third degree felony. Furthermore, burglary can be charged separately from the other offenses that the defendant allegedly committed during the burglary.

This criminal offense alleges that the defendant entered or remained unlawfully in a building or any portion of a building with intent to commit:

  • A felony;
  • Any offense of theft;
  • Any act of assault on any person;
  • Any act of voyeurism against a child under Utah Code § 76-9-702.7(2) or (5);
  • Any act of lewdness under Utah Code § 76-9-702(1);
  • Any act of lewdness involving a child under Utah Code § 76-9-702.5; or
  • Any act of sexual battery under Utah Code § 76-9-702(3).

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