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 Oklahoma, burglary is defined under state statutes and is classified into different degrees based on the circumstances of the offense. First-degree burglary involves breaking into and entering the dwelling place of another, with the intent to commit some crime therein, during the nighttime, or while the dwelling is actually occupied by some person. Second-degree burglary pertains to breaking into and entering any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel, or other structure or erection in which any property is kept, with the intent to steal therein or commit any felony. Burglary of a vehicle specifically addresses the unlawful entry of an automobile with the intent to steal. Oklahoma law also recognizes burglary with explosives as a distinct crime. The severity of the charges and penalties for burglary in Oklahoma can vary significantly, with burglary of a habitation typically treated as a more serious offense than burglary of other structures, leading to harsher penalties.