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 Idaho, burglary is defined under Idaho Code § 18-1401. The statute describes burglary as entering any building, structure, or any part thereof, with the intent to commit any theft or any felony. The entry does not need to be forceful; even entering lawfully but with the intent to commit a crime can constitute burglary. Idaho does not require that the crime intended to be committed inside actually takes place for a burglary charge to be valid. The state does not categorize burglary into degrees but treats it as a felony offense. Penalties for burglary in Idaho can include imprisonment and fines. Additionally, Idaho law also recognizes the crime of 'unlawful entry,' which is a less severe offense than burglary and involves entering or remaining in a building or property without permission, but without the specific intent to commit a felony or theft.