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 Texas, burglary is defined under the Texas Penal Code Section 30.02. The offense occurs when an individual unlawfully enters a habitation or a building not open to the public with the intent to commit a felony, theft, or an assault. This also includes entry without consent, remaining concealed with felonious intent, or entering with consent but then committing or attempting to commit a felony, theft, or assault. Texas law distinguishes between burglary of a habitation and burglary of a building. A habitation is any structure or vehicle adapted for overnight accommodation of persons, and its burglary is considered a more serious offense, typically a second-degree felony, which can be elevated to a first-degree felony if the premises are a home and the offense is committed with the intention of committing another felony other than theft. Burglary of a building that is not a habitation is generally a state jail felony. Enhanced penalties may apply if the defendant has prior convictions or if the offense involves the use of a deadly weapon.
