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 Tennessee, burglary is defined under Tennessee Code Annotated (T.C.A.) § 39-14-402. The statute outlines that a person commits burglary by unlawfully entering or remaining in a building, not open to the public, with the intent to commit a felony, theft, or assault. The law distinguishes between the burglary of a habitation and other buildings. Burglary of a habitation, which is a residence or dwelling place, is considered a more serious offense and is classified as aggravated burglary under T.C.A. § 39-14-403. This is due to the increased potential for harm when the security of someone's home is breached. Additionally, Tennessee recognizes 'especially aggravated burglary' under T.C.A. § 39-14-404, which occurs when the burglary of a habitation results in bodily injury to any person who is not a participant in the offense. The penalties for burglary offenses in Tennessee vary depending on the degree of the crime, with more severe penalties for aggravated and especially aggravated burglary. It's important to note that the specific circumstances of the unlawful entry, the type of building, and the actions of the defendant once inside can all affect the charges and potential penalties.