(1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section. (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: (a) a felony; (b) theft; (c) an assault on any person; (d) lewdness, in violation of Section 76-5-419 ; (e) sexual battery, in violation of Section 76-5-418 ; (f) lewdness involving a child, in violation of Section 76-5-420 ; (g) voyeurism, in violation of Section 76-12-306 ; (h) recorded or photographed voyeurism, in violation of Section 76-12-307 ; or (i) distribution of images obtained through voyeurism, in violation of Section 76-12-308 . (3) (a) Except as provided in Subsection (3)(b) , a violation of Subsection (2) is a third degree felony. (b) A violation of Subsection (2) is a second degree felony if the violation is committed in a dwelling. (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.
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