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 Kentucky, burglary is defined under Kentucky Revised Statutes (KRS) and is classified into different degrees based on the severity of the offense. Burglary in the first degree (KRS 511.030) involves entering or remaining unlawfully in a dwelling with the intent to commit a crime, and it becomes aggravated when the perpetrator is armed with explosives or a deadly weapon, or causes physical injury to any person who is not a participant in the crime. Burglary in the second degree (KRS 511.040) pertains to unlawfully entering or remaining in a building other than a dwelling with the intent to commit a crime, while burglary in the third degree (KRS 511.050) involves the same actions but in any building with the intent to commit a theft or felony. Kentucky law also recognizes the offense of possession of burglar's tools (KRS 511.060), which criminalizes the possession of any tools with the intent to use them in the commission of a burglary offense. The specific circumstances of the unlawful entry, the type of building, and the actions of the defendant within the building will determine the degree of the burglary charge.