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 Dakota, burglary is defined under SDCL 22-32-1 as the unlawful entry into an occupied structure with the intent to commit a crime therein, without consent of the person in lawful possession. The term 'occupied structure' is broadly defined and includes any structure or vehicle where people may live or stay overnight, as well as structures where people are present or likely to be present. South Dakota law distinguishes between different degrees of burglary. First-degree burglary is considered a Class 2 felony and involves burglary of an occupied structure with the intent to commit a crime, while the occupants are present, or if the perpetrator is armed with a dangerous weapon or explosive. Second-degree burglary, a Class 3 felony, is the burglary of an occupied structure without the aggravating factors required for first-degree burglary. Third-degree burglary, a Class 4 felony, involves unlawful entry into an unoccupied structure to commit a crime. Additionally, South Dakota recognizes fourth-degree burglary, a Class 5 felony, which includes entering or remaining in a building with the intent to commit a theft. The severity of the punishment for burglary in South Dakota varies based on the degree of the offense and can include imprisonment, fines, or both.