Abandoned properties do not ordinarily qualify as dwellings. States normally punish the burglary of an inhabited dwelling more severely than that of an uninhabited dwelling. An owner can commit a burglary of their own structure if it is rented and used by another. In cases of husband and wife dissolution, an important consideration is the unauthorized entry requirement . This element is intended to get at the characteristics of stealth, disguise, or coverup common to burglaries, so daytime burglaries are possible.
States treat nighttime intrusions as an aggravating circumstance.
Felonious intent must be present at the time of entry, not at some point once inside the dwelling. The most common reason, however, for committing a burglary is to place oneself in a position to look around and commit a theft, but it's the intent to steal something of value, not the act of theft, which matters. Burglary is not the same as theft. The intent to commit any felony or misdemeanor satisfies. The law wishes to avoid arguments over exactly when, what and how much the burglar intended to steal once inside.