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 Maryland, burglary is defined under several degrees, with each degree reflecting the severity of the offense. First-degree burglary (Md. Criminal Law Code Ann. § 6-202) involves breaking and entering into someone else's dwelling with the intent to commit theft or a crime of violence. Second-degree burglary (Md. Criminal Law Code Ann. § 6-203) pertains to the unlawful entry into a storehouse (which is any structure other than a dwelling, including a garage, barn, or office) with the intent to commit theft, violence, or arson. Third-degree burglary (Md. Criminal Law Code Ann. § 6-204) is a broader category that includes breaking and entering into someone else's dwelling with the intent to commit any crime, not just theft or violence. Fourth-degree burglary (Md. Criminal Law Code Ann. § 6-205) encompasses several actions, including breaking and entering a dwelling or storehouse or being in or on the premises of another with the intent to commit theft. Maryland law also recognizes the crime of burglary with the use of a destructive device or explosive (Md. Criminal Law Code Ann. § 6-206) and the possession of burglar's tools (Md. Criminal Law Code Ann. § 6-207). The penalties for burglary in Maryland vary depending on the degree of the offense, with first-degree burglary carrying the most severe penalties.