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 Kansas, burglary is defined under Kansas Statutes Annotated (K.S.A.) 21-5807. The statute classifies burglary as unlawfully entering or remaining within any building, manufactured home, mobile home, tent, or other structure, or any separately secured or occupied portion thereof, with the intent to commit a felony, theft, or sexually motivated crime therein, without the consent of the person in lawful possession. The law distinguishes between burglary of a dwelling, which is a residence or habitation, and burglary of other structures like commercial buildings. Burglary of a dwelling is considered a more severe offense and is classified as a level 7, person felony, while burglary of a non-dwelling is a level 7, nonperson felony. Kansas does not specifically categorize burglary by degrees but does consider factors such as whether the building is a habitation and the nature of the crime intended to be committed within the structure to determine the severity of the offense and the corresponding penalties.