Burglary is generally classified as a “property crime” under the Utah criminal code, although it can also involve injury or threats of harm to persons. Felony level charges can be filed for burglary involving any building (residential, commercial, or other). Burglary of a vehicle (car, truck, van, etc.) usually result in class A misdemeanor charges.
Any of these criminal charges should be taken seriously. If you are facing prosecution, contact us directly to schedule a consultation. The right defense attorney makes a real difference.
Elements of Burglary of a Building
Utah Code 76-6-202 defines the crime of burglary as it applies to “buildings.” In general, a person commits burglary by entering a building unlawfully or remaining unlawfully in the building while also having the intent to commit one or more crime listed in the statute.
Burglary’s most common companion crime is theft. Other intended crimes that can support a burglary charge include assault, any felony, and certain specific sex-related offenses. A burglary charge only requires proof that the person “intended” to commit one of the listed crimes. But if that crime is actually committed, it constitutes an additional offense independent of the burglary charge.
Penalties for Commercial and Residential Burglary
The terms “commercial” and “residential” do not establish or distinguish between two different offenses. Instead, the nature of the “building” involved is used to determine the level of the offense.
Burglary of any “building” begins as a third degree felony. If the building involved is a “dwelling” then the level of the charge increases to a second degree felony.
Building or Dwelling – Unexpected Definitions
Utah’s criminal code defines the term “building” broadly, as including both the ordinary meaning of the word as well as “any watercraft, aircraft, trailer, or other structure or vehicle” that has been adapted of “overnight accommodation of persons” or for the purpose of “carrying on business.” Here are some examples:
- A trailer used to haul a motorcycle for recreational purposes would not qualify as a “building.” However, a trailer equipped with kitchen and cooking equipment used commercially to sell food would be a “building” under the statute.
- An ordinary van would not normally qualify as a building. But if a van has been equipped and adapted as a camper used for overnight accommodations, then the van can be treated as a building.
“Dwelling” is defined as a building that is “usually occupied by a person lodging in the building at night, whether or not a person is actually present. Courts have interpreted this definition of dwelling as including a garage that is attached to a home, and also an unfinished home that is nearly complete but not yet occupied.
Burglary of a Vehicle
Burglary involving a vehicle that does not qualify as a “building” under the definitions in section 201 can support a class A misdemeanor charge. The criminal intent required to support a charge of vehicle burglary under section 204 is limited only to the intent to commit a felony or a theft (regardless of value).
A specific exception is carved out under section 204.5 for burglary of a railroad car. Regardless of the intended purpose or use of the railroad car, burglary of a railroad car is a third degree felony. Further, evidence does not need to show that the person “entered or remained unlawfully” in the railroad car. Instead, the statutory elements only require evidence that the person “breaks the lock or seal on any railroad car” along with the intent to commit a felony or theft.
Finding the Right Criminal Defense Attorney
Facing criminal prosecution in Utah is a serious matter. The right defense attorney can make a real difference. Contact us directly to see how we can help you.