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 Kansas, burglary is defined under Kansas Statutes Annotated (K.S.A.) 21-5807. The statute classifies burglary as unlawfully entering or remaining within any building, manufactured home, mobile home, tent, or other structure, or any separately secured or occupied portion thereof, with the intent to commit a felony, theft, or sexually motivated crime therein. The severity of the burglary offense in Kansas can vary based on factors such as whether the building is a dwelling, the time of the offense, and whether it is a repeat offense. For instance, burglary of a dwelling is considered more serious and is classified as a felony. Additionally, Kansas law recognizes aggravated burglary, defined under K.S.A. 21-5808, which occurs when a person enters or remains within any building or structure with the intent to commit a felony, theft, or sexually motivated crime and knows or should know that one or more persons are present. The penalties for burglary and aggravated burglary can include imprisonment and fines, with the severity of the penalties depending on the specific circumstances of the crime and the defendant's criminal history.