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 Indiana, burglary is defined under Indiana Code 35-43-2-1 as breaking and entering into a building or structure with the intent to commit a felony or theft therein. The severity of the burglary offense in Indiana can vary based on several factors, including the type of building entered and the circumstances of the offense. For example, if the burglary is committed in a dwelling, it is considered a more serious offense (a Level 4 felony) than if committed in a non-dwelling building (a Level 5 felony). The penalties increase if the offense is committed with a deadly weapon or results in bodily injury, potentially reaching a Level 2 felony. Additionally, Indiana law recognizes residential entry (Indiana Code 35-43-2-1.5), which is a separate offense where someone knowingly or intentionally breaks and enters the dwelling of another person without consent and without intent to commit a felony or theft, which is a Level 6 felony. Burglary of a vehicle, coin-operated machine, or ATM may also be prosecuted under Indiana's theft or criminal trespass statutes, depending on the specific circumstances of the crime.