76-6-202. Burglary.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-201
(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 felony; theft; an assault on any person; lewdness, in violation of Section; 76-5-419 sexual battery, in violation of Section; 76-5-418 lewdness involving a child, in violation of Section; 76-5-420 voyeurism, in violation of Section; 76-12-306 recorded or photographed voyeurism, in violation of Section; or 76-12-307 distribution of images obtained through voyeurism, in violation of Section. 76-12-308
(3) Except as provided in Subsection, a violation of Subsectionis a third degree felony. (3)(b) (2) A violation of Subsectionis a second degree felony if the violation is committed in a dwelling. (2)
(4) A violation of this section is a separate offense from any of the offenses listed in Subsectionsthrough (i), and which may be committed by the actor while in the building. (2)(a)