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 Wyoming, burglary is defined under Wyoming Statutes Section 6-3-301. The law states that a person is guilty of burglary if they unlawfully enter or remain in a building with the intent to commit theft or a felony therein. The statute does not require breaking and entering; mere unlawful entry or remaining with criminal intent suffices. Wyoming law does not differentiate between burglary of a habitation and other buildings in its primary burglary statute; however, the penalties may vary depending on the circumstances of the crime, such as the presence of a deadly weapon or if the burglary results in a violent crime. Burglary is typically treated as a felony in Wyoming, and the severity of the charge can escalate based on factors such as the type of building entered and the crimes committed within. An attorney can provide specific guidance on how these laws may apply to a particular case.