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 Dakota, burglary is defined under SDCL 22-32-1 as the unauthorized entry into an occupied structure with the intent to commit a crime therein, regardless of the time of day. An 'occupied structure' is broadly defined and can include any building, structure, or part thereof, which is used for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present. South Dakota law recognizes different degrees of burglary, with the severity of the charge typically depending on factors such as whether the structure was occupied at the time of the offense, whether a weapon was used, and whether the burglar intended to commit a felony or theft. First-degree burglary is considered a Class 2 felony, which is the most serious burglary charge in South Dakota and involves burglary of an occupied dwelling. Lesser degrees, such as second and third-degree burglary, involve other types of structures and are classified as Class 3 and Class 4 felonies, respectively. Additionally, entering or remaining in an unoccupied building with intent to commit a crime can be charged as third-degree burglary. The state also has provisions for burglary of a motor vehicle, which is a separate offense under SDCL 22-32-16.