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 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 entry must be without the consent of the person in lawful possession and with the intent to commit the crime at the time of entry. Burglary is considered a felony in Wyoming, and the severity of the punishment can vary based on factors such as the presence of a deadly weapon or if the burglary resulted in a violent act. Wyoming does not specifically categorize burglary by degrees as some other states do, but the circumstances of the burglary can lead to different charges or enhanced penalties. Additionally, the state has separate statutes for burglary of a vehicle, which is addressed under a different section of the law, specifically Wyoming Statutes Section 6-3-402, and is classified as a misdemeanor unless certain aggravating factors are present.