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 South Carolina, burglary is defined under state law and is classified into first, second, and third degrees, with varying levels of severity and penalties. First-degree burglary is considered the most serious and involves entering a dwelling at night, with intent to commit a crime therein, and with the presence of aggravating factors such as causing physical harm to a person or using a deadly weapon. Second-degree burglary can involve either a dwelling or a non-dwelling building, and the intent to commit a crime therein, but without the aggravating factors required for first-degree burglary. Third-degree burglary is the least severe and typically involves entering a building (not a dwelling) with the intent to commit a crime. The specific circumstances of the unlawful entry, such as whether it occurred during the day or night and whether the building is a dwelling, can affect the degree of the charge. Additionally, South Carolina law also addresses burglary of a motor vehicle, which is separate from the traditional definition of burglary of a building or structure.