1. (1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.

2. (2) An actor commits burglary if the actor enters or remains unlawfully in a building or any portion of a building with intent to commit:

   1. (a) a felony;
   2. (b) theft;
   3. (c) an assault on any person;
   4. (d) lewdness, in violation of Section 76-5-419;
   5. (e) sexual battery, in violation of Section 76-5-418;
   6. (f) lewdness involving a child, in violation of Section 76-5-420;
   7. (g) voyeurism, in violation of Section 76-12-306;
   8. (h) recorded or photographed voyeurism, in violation of Section 76-12-307; or
   9. (i) distribution of images obtained through voyeurism, in violation of Section 76-12-308.

3. (3)

   1. (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third degree felony.
   2. (b) A violation of Subsection (2) is a second degree felony if the violation is committed in a dwelling.
4. (4) A violation of this section is a separate offense from any of the offenses listed in Subsections (2)(a) through (i), and which may be committed by the actor while in the building.

Amended by Chapter 324, 2026 General Session