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 North Dakota, burglary is defined under North Dakota Century Code (NDCC) 12.1-22-02. The law states that an individual is guilty of burglary if they willfully enter or surreptitiously remain in a building or occupied structure, or a separately secured or occupied portion thereof, when at the time the premises are not open to the public and the individual has the intent to commit a crime therein, unless the premises are at the time open to the public or the individual is licensed or privileged to enter or remain. Burglary in North Dakota is classified into different degrees based on the circumstances of the offense. For example, if the individual enters an occupied dwelling or if the burglary takes place at night, it is considered a class B felony. Otherwise, it is generally a class C felony. If the individual possesses a dangerous weapon or inflicts injury upon any person while committing the burglary, the offense is elevated to a class A felony. Burglary involving vehicles, coin-operated machines, or ATMs may also be prosecuted under separate statutes addressing unlawful entry into such properties with the intent to commit theft or other crimes.