LEGISLATIVE GENERAL COUNSEL H.B. 226
6 Approved for Filing: J. Rogers 6
6 01-09-24 1:29 PM 6
1 BURGLARY MODIFICATIONS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Cheryl K. Acton
5 Senate Sponsor: Ann Millner
6
7 LONG TITLE
8 General Description:
9 This bill modifies the offense of burglary to add intent to commit stalking as a
10 qualifying offense.
11 Highlighted Provisions:
12 This bill:
13 < amends the offense of burglary to add intent to commit stalking as a qualifying
14 offense; and
15 < makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-6-202, as last amended by Laws of Utah 2023, Chapter 111
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-6-202 is amended to read:
H.B. 226
26 76-6-202. Burglary.
27 (1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
*HB0226*
 H.B. 226 01-09-24 1:29 PM
28 (2) An actor commits burglary if the actor enters or remains unlawfully in a building or
29 any portion of a building with intent to commit:
30 (a) a felony;
31 (b) theft;
32 (c) an assault on any person;
33 (d) stalking, in violation of Section 76-5-106.5;
34 [(d)] (e) lewdness, in violation of Section 76-9-702;
35 [(e)] (f) sexual battery, in violation of Section 76-9-702.1;
36 [(f)] (g) lewdness involving a child, in violation of Section 76-9-702.5; or
37 [(g)] (h) voyeurism, in violation of Section 76-9-702.7.
38 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a third
39 degree felony.
40 (b) A violation of Subsection (2) is a second degree felony if the violation is committed
41 in a dwelling.
42 (4) A violation of this section is a separate offense from any of the offenses listed in
43 Subsections (2)(a) through [(g)] (h), and which may be committed by the actor while in the
44 building.
45 Section 2. Effective date.
46 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 76-6-202