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 Rhode Island, burglary is defined under Rhode Island General Laws Section 11-8-1 as the breaking and entering of a dwelling house or apartment with the intent to commit a felony therein. This crime is considered a felony in Rhode Island. The law distinguishes between burglary and other types of unauthorized entry, such as breaking and entering a business or other structure, which may carry different charges and penalties. The severity of the burglary charge in Rhode Island can be influenced by factors such as whether the burglary occurred at night or if the perpetrator was armed. Additionally, the presence of occupants in the dwelling at the time of the offense can lead to more severe charges, such as first-degree burglary. Burglary of a habitation is indeed treated more seriously and carries greater penalties compared to burglary of other buildings. The intent to commit a felony, theft, or assault is a crucial element of the offense, and the crime is completed upon entry with such intent, even if the intended crime is not actually carried out.