Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense, depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.

A defendant generally commits the offense of burglary of a building or habitation (1) by entering a private habitation or any part of a building that was not open to the public, (2) without the consent of the owner, and (3) with the intent to commit a felony, theft, or assault.

A defendant may also commit the offense of burglary of a building or habitation by entering with consent, but remaining hidden with the intent to commit a felony, theft, or assault—or entering with consent and attempting to commit a felony, theft, or assault, or actually committing a felony, theft, or assault.

Some states make a distinction between burglary of a habitation (a place used for overnight accommodations) and burglary of a building that is not a habitation (home). Burglary of a habitation is usually treated as a more serious offense with greater penalties.

In Hawaii, burglary is defined under Hawaii Revised Statutes Section 708-810. The law distinguishes between two degrees of burglary. First-degree burglary is considered a Class B felony and occurs when a person intentionally enters or remains unlawfully in a building with the intent to commit a crime against a person or property rights therein, and the burglary is of a dwelling or occurs during the hours of darkness, or the person is armed with a dangerous instrument, or intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone during the burglary. Second-degree burglary is a Class C felony and involves similar elements without the aggravating factors that elevate the crime to first-degree. Hawaii law also recognizes the concept of 'unauthorized entry into a motor vehicle' (UEMV) as a separate offense under Section 708-836.5, which is a Class C felony if the person intends to commit a crime against a person or property rights. The distinction between burglary of a habitation and other buildings is significant in Hawaii, with burglary of a habitation typically facing more severe penalties due to the increased expectation of privacy and safety in one's living quarters.