(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.