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.

A defendant generally commits the offense of burglary of a building or habitation (1) by entering a private habitation or any part of a building that was not open to the public, (2) without the consent of the owner, and (3) with the intent to commit a felony, theft, or assault.

A defendant may also commit the offense of burglary of a building or habitation by entering with consent, but remaining hidden with the intent to commit a felony, theft, or assault—or entering with consent and attempting to commit a felony, theft, or assault, or actually committing a felony, theft, or assault.

Some states make a distinction between burglary of a habitation (a place used for overnight accommodations) and burglary of a building that is not a habitation (home). Burglary of a habitation is usually treated as a more serious offense with greater penalties.

In Vermont, burglary is defined under Vermont Statutes Title 13, Section 1201. The law characterizes burglary as the act of entering any building or structure knowingly and unlawfully with the intent to commit a felony therein. Vermont law does not require a 'breaking' to occur; simply the unauthorized entry with criminal intent suffices. The state distinguishes between different types of burglary based on the nature of the structure entered and the time of the offense. For instance, burglary of an occupied dwelling is considered more serious and carries harsher penalties than burglary of other structures. Additionally, Vermont recognizes the concept of 'home invasion,' which is a form of burglary involving an armed intruder entering an occupied dwelling, and this carries even more severe penalties. The intent to commit a crime, such as theft or assault, is a critical element of the offense. If the defendant enters with consent but remains hidden or enters with consent but then attempts or commits a felony, theft, or assault, it can still constitute burglary. The penalties for burglary can vary, with more severe punishments for burglaries involving dwellings or if the offender is armed.