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 Minnesota, burglary is defined under Minnesota Statutes Section 609.582. The law recognizes different degrees of burglary, ranging from first to fourth degree, with varying levels of severity based on factors such as the type of building entered, whether the building was occupied, if a weapon was involved, and the intent of the offender. First-degree burglary, the most serious form, involves entering a dwelling with the intent to commit a crime while armed with a dangerous weapon or if the burglar assaults a person within the dwelling. Second-degree burglary involves entering a building such as a dwelling, bank, or government building with the intent to commit a theft or felony. Third-degree burglary generally involves entering a building with the intent to steal or commit a felony or gross misdemeanor. Fourth-degree burglary involves entering a building with the intent to commit a misdemeanor other than theft. Burglary of vehicles, coin-operated machines, or ATMs may also be prosecuted under Minnesota's burglary statutes if the elements of the offense are met.