Degree

Depending on the facts, burglary can be charged as a 2^nd or 3^rd degree felony.

Elements

A defendant commits a 2^nd degree felony burglary when they enter or remain unlawfully in a dwelling or any portion of the dwelling with the intent to commit:

• a felony;
• theft;
• an assault on any person;
• lewdness;
• sexual battery;
• lewdness involving a child;
• or voyeurism.

A defendant commits a 3^rd degree felony burglary when they enter or remain unlawfully in a building or any portion of a building with intent to commit:

• a felony;
• theft;
• an assault on any person;
• lewdness;
• sexual battery;
• lewdness involving a child;
• or voyeurism.

Fine

3^rd degree felony: A fine not to exceed $5,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
2^nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

3^rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
2^nd degree felony: A term of imprisonment not to exceed 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))

DNA Specimen Analysis

A defendant convicted of a 2^nd or 3^rd degree felony burglary must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Firearms

A defendant convicted of a 2^nd or 3^rd degree felony burglary may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))