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 Rhode Island, burglary is defined under Rhode Island General Laws Section 11-8-1 as breaking and entering a dwelling house, apartment, or any other place of human habitation with the intent to commit a felony therein. The law distinguishes between burglary committed at night (first-degree burglary) and during the day (second-degree burglary), with nighttime burglaries typically considered more serious and carrying harsher penalties. Additionally, the presence of occupants in the building at the time of the offense or the use of a dangerous weapon can enhance the severity of the charge. Rhode Island does not specifically categorize the unlawful entry into vehicles, coin-operated machines, or ATMs as burglary, but such acts may fall under other criminal offenses like larceny or vandalism, depending on the circumstances.