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 Tennessee, burglary is defined under Tennessee Code Annotated (T.C.A.) § 39-14-402. The law states that a person commits burglary who, without the consent of the property owner, enters a building (other than a habitation) not open to the public, with the intent to commit a felony, theft, or assault. The severity of the offense can increase based on certain factors, such as the type of building entered or whether the burglary involved a habitation, which is addressed under T.C.A. § 39-14-403 as aggravated burglary, and is considered more serious. Additionally, Tennessee recognizes especially aggravated burglary under T.C.A. § 39-14-404, which occurs when a burglary results in the victim suffering serious bodily injury. Burglary of an automobile is specifically addressed as burglary of a motor vehicle under T.C.A. § 39-14-405. The state of Tennessee categorizes these offenses into different classes of felonies, with penalties varying based on the degree of the burglary offense committed.