Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense—depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.
In Utah, burglary is defined under Utah Code § 76-6-202 and § 76-6-203. The law considers burglary to be the unlawful entry or remaining in a building or any portion of a building with the intent to commit a felony, theft, assault, lewdness, sexual battery, lewdness involving a child, or voyeurism. Utah recognizes different degrees of burglary: Burglary of a dwelling, typically a residence, is classified as a second-degree felony, while burglary of a non-dwelling, such as a business or other structure, is classified as a third-degree felony. The severity of the charge and the potential penalties increase if the burglary is committed in a dwelling due to the heightened expectation of privacy and safety in one's home. Additionally, Utah law includes a separate offense for burglary of a vehicle, which is a class A misdemeanor under Utah Code § 76-6-204, if the intent is to commit a felony or theft. The specific circumstances of the unlawful entry, such as the time of day and whether the entry was forcible, can also affect the charges and penalties.