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(1) An actor is guilty of burglary who 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, a violation of Section 76-9-702;
(e) sexual battery, a violation of Section 76-9-702.1;
(f) lewdness involving a child, in violation of Section 76-9-702.5; or
(g) voyeurism under Section 76-9-702.7.
(2) Burglary is a third degree felony unless it was committed in a dwelling, in which event it is a second degree felony.
(3) A violation of this section is a separate offense from any of the offenses listed in Subsections (1)(a) through (g), and which may be committed by the actor while in the building.