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 Minnesota, burglary is defined under Minnesota Statutes Section 609.582. The law recognizes four degrees of burglary, with varying levels of severity based on factors such as the type of building entered, whether it is a dwelling, the presence of occupants, and the intent of the defendant. First-degree burglary is the most serious and involves entering a building without consent and with intent to commit a crime, typically when the building is a dwelling, or when the intruder possesses a dangerous weapon or assaults a person on the premises. Second-degree burglary also involves entering a building without consent to commit a crime or with intent to steal, but it may not involve a dwelling or the presence of a dangerous weapon. Third and fourth-degree burglaries involve entering a building without consent to commit a misdemeanor or felony, with the fourth degree being the least severe and typically involving buildings other than dwellings. Burglary of a habitation is indeed treated more seriously and carries greater penalties, reflecting the increased violation of personal security associated with residential intrusions.