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 North Dakota, burglary is defined under North Dakota Century Code (NDCC) 12.1-22-02. The law states that an individual is guilty of burglary if they willfully enter or surreptitiously remain in a building or occupied structure, or a separately secured or occupied portion thereof, when at the time the premises are not open to the public and the individual is not licensed or privileged to enter or remain. The intent to commit a crime must be present for the act to be considered burglary. This crime becomes aggravated burglary if the individual inflicts, or attempts or threatens to inflict bodily injury on anyone, or if the individual is armed with a dangerous weapon or any instrumentality that the individual uses or threatens to use as a weapon while committing the crime. North Dakota does distinguish between burglary of a dwelling and other structures, with burglary of a dwelling being treated as a more serious offense, often resulting in harsher penalties. The severity of the burglary charge and the associated penalties can vary based on factors such as the presence of individuals in the building at the time of the offense and the use of weapons.