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.

In Hawaii, burglary is defined under Hawaii Revised Statutes Section 708-810. The state recognizes different degrees of burglary based on the circumstances of the unlawful entry. First-degree burglary is considered a Class B felony and occurs when a person intentionally enters or remains unlawfully in a building with the intent to commit a crime against a person or property rights therein during the night, or if the building is a dwelling, regardless of the time of day. Second-degree burglary is a Class C felony and involves similar elements but without the aggravating factors required for first-degree burglary. Hawaii law also considers it burglary if a person enters or remains unlawfully in a vehicle with the intent to commit a crime inside, although this may be prosecuted under different statutes depending on the specifics of the offense. The severity of the punishment can vary based on factors such as whether the offense was committed during a state of emergency, the use of a dangerous instrument, or if the offender has prior convictions.