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 Texas, burglary is defined under the Texas Penal Code Section 30.02. The law states that a person commits burglary if, without the consent of the owner, they enter a habitation, or a building (or any portion of a building) not then open to the public, with the intent to commit a felony, theft, or an assault. The entry into the building or habitation can be any part of the body or any physical object connected with the body. Texas law also recognizes different degrees of burglary, which can range from a state jail felony to a first-degree felony, depending on factors such as whether the premises are a habitation or a building, whether the burglary was committed with the intent to commit a felony other than theft, or whether any party suffered physical harm. Burglary of vehicles, including automobiles, is addressed separately under Section 30.04 of the Texas Penal Code and is typically considered a Class A misdemeanor, although it can be elevated to a state jail felony under certain circumstances, such as if the offender has previous convictions or the vehicle is a rail car.
