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 Wisconsin, burglary is defined under Wisconsin Statute 943.10. The law considers it a felony to intentionally enter any of the following without consent and with intent to steal or commit a felony: a building, dwelling, locked or sealed cargo portion of a truck or trailer, or a room within any of these. The severity of the charge can increase based on various factors, such as if the burglar is armed, if the burglary is committed at night, or if the building is a dwelling. Additionally, if the offender commits a battery upon a person lawfully present in the building, this can also enhance the charge. Wisconsin does not specifically categorize burglary by degrees but does have related statutes that address criminal trespass and the unlawful entry into certain machines or vehicles with intent to commit theft, which are separate offenses and may carry different penalties.