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 South Carolina, burglary is defined under state law as the unlawful entry into a building or structure with the intent to commit a crime therein. The state differentiates between degrees of burglary based on factors such as the type of building entered, whether it is a dwelling, the time of day, and whether the entry was violent or the offender was armed. South Carolina law recognizes first, second, and third-degree burglary, with first-degree burglary being the most serious offense. This typically involves entering a dwelling at night, with intent to commit a crime, and either causing physical harm to a person or using a deadly weapon. Second-degree burglary can involve either a dwelling or a non-dwelling building, and third-degree burglary generally pertains to entering a building with the intent to commit a crime. The penalties for burglary in South Carolina are severe and can include lengthy prison sentences, with the possibility of life imprisonment for first-degree burglary under certain circumstances. Additionally, South Carolina law does not limit burglary to buildings but can also include other structures, such as automobiles, if the intent to commit a crime is present.